New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-06
THE COURTS.
United STATES SUPREME COURT.

MARYLAND AND NEw-YORK-OTiIER DECIsloNS
WASHINGTON, Feb. ga decision was rem
oered by the Supreme Court OF the United states tdsy
an the case OF Henry A. Turner plaintiff in error,
AGAINST the State Of Maryland; In error 10 the mary
land Court OF Appeals This involves the cons'tu
tonaity of certain provisions OF the laws OF Maryah"
relating 10 tobacco inspection This Court holds In an
opnon prepared by Mr. Justice Blachford: First. that
the section of Maryland law under consideration in
its provisions charges for outage andsorase'
not In violation Of clause OF section 10 OF article VI
the Constitution of the United States as respec, my
mpost or duty imposed by 1t on exports, OF 10
OF the clause Of section Of article when gives
10 Congress Ito regulate commerce with Ioresn na'
and among the several States; second, that te e"
for outage upder the provso OF said section, as
and re.enacted - an "inspection d"ty WIN ,
meaning of the Constitution; thlrd' tna' ui'po
with an opening for an inspection OF the 80
TONED in the proyso does not. in view OF inc o.u
visions OF the tobacco inspection laws Oh mar y.,
prive those statutes of the character Vi S,n
lava fourtb that IL is not foreign to the character
OF an inspection law TO require e'o'' .
head of tobacco TO DC prousuV "
tobacco warehouse; fifth that the section OF inc law III
n,roversv is not regulation of commerce. or unconst
ftionaI as discriminating between the State buyer u
oanacrer of leaf tobacco and the purchaser whobuys
for the purpose of transporting the tobacco 10 announcer
state fore On country, or DISCRIMINATION between
different classes of exporters OF tobacco sxh that inc
charge for outage this appears to be charge Tor
services properly rendered The Judgment OF inc Oo"
of Appeals Of Maryland is affirmed
decision was rendered by the Court to-day IN the
case of the People Of the state of NewYork panth IN
error against the Compagnie Generate Transatantque
in error to the Circuit Court OF the oh'su
States for the Southern District OF New-forK'
This was suit brought by the state OF New-IorK
against the steamship company TO recover the sum OF
ST. 700 due the State by virtue OF statute
of passed May 81. 1884, entitled Gan Act to
raise money execution of the the inspection laws
of the State York" Section OF this act under
which the present suit was brought, is ar fohoWs'
"There shall be levied and collected duty OF 81
for each and every alien passenger who shall come by
vessel from foreign port to the port of York. Tor
whom tax has not heretofore been pad-the same to
be paid to the Chamberlain OF the City OF Newfork by
the master owner agent or consignee OF every buch
vessel within twentyfour hours after the entry thereof
into the port Of New-York." Justice Miller, who de-
1yered the opinion by the Court said that 10 had been
so repeatedly decided by this court
that such tax this is regulation OF commerce with
foreign nations, confded by the Constitution 60 the ex
elusive control Of Congress and this Court has 30 re-
Gently considered the whole subject In regardto similar
statutes of the States of NewYork Louisiana and Cali
forna that unless the Court is prepared TO reverse Its
decisions the principles which they are based In
the cases of Henderson against tue Mayor of Ncwfork
and Chy Lung against Freeman 1872 United States Re
ports 259-275l, there little to say beyond affirming
the judgment or the Circuit Court whch was paseu Oh
these decisions.
The argument mainly relied Oh in the present case,
Justice Miller In substance says Is that the statute
Of passed after her former statute had been
declared void in the passenger cases. q Howard 2S3l
and in the recent case OF Henderson against
the MayorI is in aid Of the inspection law
OF the State This argument is supposed TO derive sup
mort from another statute OF the State, passed three
DAYS earlier entitled act for the inspection OF the
alien emigrants and their effects by the Commissioners
OF Emigration This act empowers and directs the
Commissioners Emigration 70 inspect the persons ana
effects all persons arriving by vessel at the port OF
New York from any foreign country as far as may be
necessary to ascertain who among them are habitua
criminals pauper unatics idiots or imbeeiles' or
deaf, dumb, blind inhrm or orphan persons, without
means capacity to support themselves ana suect 10
become public charge or whether their persons OF ell
fects are affected with any infectious or contagious dis
ease and whether their effects contain any criminal i'm
nements or coptriyances" Subsequent sections direct
how such characters, found, shall be dealt
with by the Board; and other sections
of the act Nay 81 1881 direct the Chamberlain OF the
city to pay the Commissioners OF Emigration all
such sums of money be necessary for the execn
ton of the inspection laws OF the state aud to the Treas
urer of the United the net produce OF all the duties
received by him. after the necessary payments to tue
Commissioners of Emigration shall nave been made.
These two stat utes 1t argued, "inspecton laws
within the meaning Of article l. section III, clause VI
the Constitution of the United states
What laws may properly be classed as inspection
laws" under provision of the Constitution must be
determined largely by the nature of the inspection laws
OF the State the time the Constitution was framed
This Court feels quite safe saying that netner at Tie
time of the formation Of the Constitution nor SINCE mas
any inspection law included anything but personal
property a subject OF its OPERATION nor mas IL ever
been held by any competent judicial authority that the
words imports" ana experts" are usei III that ~
strument applicable to free human beings. VIC Know
Of nothing which be exported from one country OF
imported into another that not III some sens prop
ana Of which the owner Is either the importer or ex-
por.er ...,- o. ,ro.ro. ofbimi,isp MAYER
raid he imports himself or hts vile or his children Inc
Language Of section Of article vi Tue Constitution,
which is relied py counsel does not establish dir
ent srnc.lon. There has never been any dOuD mat
African race. The words migrating and impor-
tation" contained therein have reference to the
and slavery. When the Tree black nan came
here ne migrated when the slave came, he was inl-
ported. The latter property anu was imported by
his owner as other properly ana GUY c0au o
ings are imports exports within the meaning OF
the Constitution 1t appears Furthermore that the OBJ
ieot OF these New enaotnents far beyond
Correct view of the purpose Inspection law. The
Commissioners are to inspect al persons arriving IRON
any foreign country, to ascertain VINO among them are
habitual criminals pauper lundtcs, IDIOTS or limbo
Giles or orphan persons without means Oh eaaciy 70
support themselves and subject To become public
charge" may safely said that these are matters Ill
capable OF being sactory asceraned 0y inspection
WHAT an inspection mHIon ~, oan a., Do
done looking Rt or weighing or measuring the tDlng
be Inspected, OF ~
test When testimony or evidence Ia 10 be taken and
examined not "InspectiOn ia any sense whatever.
Another section provides for the custody the support
and the disease OF these persons aud the
retransport OF criminals Are these inspection laws"
Is he asoertainment OF the guilt Of criminal 10 DC
made by Inspection" In fact these statutes differ
from those heretofore held vOid only In that they
called IN their caption inspection laws aud In that
provision is made Tor tho payment OF any surplus after
The support Of paupers criminals ana diseased persons
into tue Treasury OF the United oates-asufps which,
in this enlarged view Of what are the expenses OF an In
speotiop law Is safe to say Will e'er exist state
cannot make a law designed 10 raise money 10 support
naupcr 10 detect or prevent crime guard against dis
ease and sure tne sick inspection law WITHIN the
Constitutional meaning Of that word by cang II 80 IN
the te The Judgment Of the Circuit Court IL affirmed
Ile other cases decided to-day were ss follows;
No I63-Joseph l.. Hail. appellant, agahst Neal MAC
ueae and others aud No lGJ, same appellant against
Masler Rahmau Il from the Circuit