FREE BOOKS

Author's List




PREV.   NEXT  
|<   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183  
184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   >>   >|  
to such States were part of the transaction.[427] Thus, sales of the type which in the Sugar Trust Case were thrust to one side as immaterial from the point of view of the law, because they enabled manufacture "to fulfill its function," were here treated as merged in an interstate commerce stream. Thus, the concept of commerce as _trade_, that is, as _traffic_, again entered the Constitutional Law picture, with the result that conditions which directly affected interstate trade could not be dismissed on the ground that they affected interstate commerce, in the sense of interstate _transportation_, only "indirectly." Lastly, the Court added these significant words: "But we do not mean to imply that the rule which marks the point at which State taxation or regulation becomes permissible necessarily is beyond the scope of interference by Congress in cases where such interference is deemed necessary for the protection of commerce among the States."[428] That is to say, the line that confines State power from one side does not always confine national power from the other. For even though the line accurately divides the subject matter of the complementary spheres, still national power is always entitled to take on such additional extension as is requisite to guarantee its effective exercise, and is furthermore supreme. THE DANBURY HATTERS CASE In this respect, the Swift Case only states what the Shreveport Case was later to declare more explicitly; and the same may be said of an ensuing series of cases in which combinations of employees engaged in such intrastate activities as manufacturing, mining, building construction, and the distribution of poultry were subjected to the penalties of the Sherman Act because of the effect or intended effect of their activities on interstate commerce.[429] STOCKYARDS AND GRAIN FUTURES ACTS In 1921 Congress passed the Packers and Stockyards Act[430] whereby the business of commission men and livestock dealers in the chief stockyards of the country was brought under national supervision; and the year following it passed the Grain Futures Act[431] whereby exchanges dealing in grain futures were subjected to control. The decisions of the Court sustaining these measures both built directly upon the Swift Case. In Stafford _v._ Wallace,[432] which involved the former act, Chief Justice Taft, speaking for the Court, said: "The object to be secured by the act is the free and unburden
PREV.   NEXT  
|<   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183  
184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   >>   >|  



Top keywords:

interstate

 

commerce

 
national
 

directly

 
affected
 

activities

 

passed

 

interference

 

Congress

 

effect


subjected

 
States
 

Shreveport

 

STOCKYARDS

 
intrastate
 
intended
 
states
 

employees

 

respect

 
combinations

engaged
 

manufacturing

 

Sherman

 

explicitly

 
poultry
 
series
 

distribution

 

construction

 

penalties

 

mining


building
 

declare

 

ensuing

 

brought

 

Stafford

 

measures

 

futures

 

control

 

decisions

 
sustaining

Wallace

 
object
 
secured
 

unburden

 

speaking

 
involved
 

Justice

 
dealing
 

commission

 
livestock