The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-11-04
THE COUnTB.

limous opinion OF the Court In the case OF
Davidson vs.. Corporation OF Georgetown, nd.
verse to the right Of Georgetown to inspect
Hour which passed through It's limits IN fran.
This ease comes hero on appeal from a Judg.
ment Of Justice OF the peace Of Georgetown,
hS sssd 70 sSs he sGra s he
sion Of a magistrate u GeoIgetown in6icting
a penalty OF 80 for the violation Of a corpora.
1.-THE ordinance, which provides that all
flour brought to 0eorgetown for sub-shipment
By the Inspector, and that ne Of JIG n ali be
imposed on any one who shall prevent the In
spsetion, 10 here quoted BY the Court
os .i ' Tsa ins ad Pss S are
was manufactured al Wevefton, Md, BY Geo.
Il, Mcclure Co., snd consigned to John ].
The ao aew wa. res reesissd by J. B. Davidson.
a. the agent Of the New York and Washington
ossS hi SS%P:RSy s Ysy SS a. BY
Marvin, to whom II was consigncd. II was
taken from the canal boat at the wharf OF
George Waters, In Georgetown, d. o., and
tie over one square TO the wharf OF said com.
pany, the said Davidson paying canal freight
and drsysge to their whsll and charging the
New York. While the hour was on the wharf
Of the steamship company J. d. Robinson, the
inspector OF -four for Georgetown, d. o., do.
was notified BY said John b. Davidson that tit IL
was TO be carried over TO New York a. i per
sould not Inspect the ssms. fhe i hour Sr' was as
forwarded a. per consignment above without
inspection. The said steamboat company iss
common n, carrier from Georgetown to New
From this statement u pfYiih lie facts Of the Gaze,
u sppears that the nonr which is made. the
Of ss% y
In the mills OF Maryland; that Il was exported
from Its place Of manufaeture In Maryland un-
dsT rent to N.S that
~, Md, through the Highways. and by, the
and Ter. unit, reached q. de'
a canal boat upon the chesapeake and Ohio
canal to Gcorgetownj then by drays over
brief carriage through Georgetown to the
steamship, which continued its TRANSPORTS
tion down the Potomac river, Chesapeake
bay, and along the coast to New York city.
In the light Of these facts II 10 claimed by
the plaintiff that the shipment of the nour
into and out OF Georgetown brought IL within
The provisions Of the ordinance providing for
the inspection Of -four within tho city, making
able to the penalty OF the ordinance. II the
court are to regard the ordinance In the literal
signiacstion q 4. language, uncontrolled By
would be an end to the inquiry, for the Hour In
controyersy was literally shipped out Of the
| city OF Georgetown.
literal signifcation In connection with the
subject under confederation This question Is
to be answered under the light Of the law and
nicipaiity OF limited authority. In the enact.
ment Of the ordinance In question II exercised
It's municipal legislative power; and, as we are
legisiated for the people, and within the jurls.
dietion OF Georgetown. The subject OF Its
legislation In this respect has been uniformly
Of power, limited 70 the ter.o qe Of
the municipality and the people within It, and
never suffered to have extra territorial si:iet.
purpose and latitude OF inspection laws are 10
| protect the citizens OF State or municipality
in their credit as to the quality OF the article
own manafaotufe Or production or to pr,1eet t
imposition In the quality Of what may hs i'm
.! aas sSP:dRsa * ri lsR ssps % .S
| Inspection laws Is 10 no regard a right to reg
nlsts commerce, but right which relates 10
ns domestic economy and health Of the people
government-a right which ceases when CON.
meree removes the subject of inspection from
the JIrisdiciiion Of The power imposing the H..
has terminated Its office In delivering the sub.
ject Of inspection up to the uses OF the people
| Imposing the inspection.
II we read this ordinance, therefore, In the
light OF Its sphere OF operation, the rational
Interpretation OF the term "shipment' In II Ii
shipment Of -four that In some form had been
Identified with the interest OF Georgetown
The -four In question sustained no such rel
tion to deorgetown or Its Inhabitants. The
wheat from which i was made was probabl,
been manufactured and owned there, and con
tIacted to be sold in the city OF New York
The only relation that deorgetown or It's In
ETA few Tods Of ground across the highway. o.
navigation, and At the foot Of the Chesapeake
therefore, was In no sense a shipment from
town, which begun 10 Maryland and termin
lam compelled TO these conclusions, uotwlth
standing the decision In the ease OF the Com
nonyea1ltRh .n vs.: King ct A.. IN the supreme
elusion, 10 in conflict with these yiewsi not II
the consideration OF the legal principles tina
should govern the que.tion. but in the con
reshipping In the port Of Philadelphia. The
learned Court In the case referred to, makei
the act Of reshipment equiv lent to an act o
log substance to shadow, subjeotibg the pur
pose and action Of the parties to the manner
and mode In which the purpose and act Of ,ht
by this very case at Its conclusion that the
statute upon which the opinion was founded
the Of e ,h the Ss
gislature repealed the acts the day before the
case went into judgment.
The Supreme Court Of the State OF Now
York, in the case Of Hancock vs.. sturgess,
that flour shipped under tho same oircum.
stances was to DO esteemed IN trdnsnu and
upon tho highway. The only difference in
principle between the two cases In the partie.
ular decided was, one case transpired in the
city ofPhiladelphia, and the other In the city
OF New York, II the ease stopped here the
court would be compelled to hold that the
Georgetown, within the legal signifeatlon OF
the term "ship,n as provided In the ordinance
But, eonceding that 1t was, 1t behooves the
,S Inquire y ht 10 the city
citizens OF Maryland and New York.
As have already had occasion to remark
the predicate OF authority for the passage oil
30 exported from or consumed In the lurlsdIc
| ton where they operate. The -four In Ques
ton was shipped 10 Maryland by a citizen OF
Maryland to a citizen Of New York. II had
shipment contemplate any transfer to a oiti
zen OF Georgetown. The only office performed
within Georgetown by any person OF George
town wa, the otlce q a sG m carrier. The
dTays of Georgetown, and, perhaps, a. citizen
OF Georgetown, to transport the four from the
canal to the river under the unqueBtioned au,
thority to the use Of the highway for that pur
town, a toll'gate would be much more peril
nent mode OF taxation than an inspection, Il
the authorities wished to levy taxation upon
merch andise In transit.
BY article hrst, section eight Of the Cons,i
tuition, the power to regulate commerce among
the several States, 10 given In express term
to Congress, and the States are expressly pro
: hibited from laying duties on imports or ex
ports, except such as are absolutely necessary
| In executing the inspection laws. This power
thus given to Congress, Is essentially and ne