The times. [volume] (Richmond, Va.) 1890-1903, 1890-04-08
THE PROVISIONS.

Tnsectlon four. 10 makes 10 the duty of ail
owners of fresh meat, before Offering 10 Cor
-alc 10 apply 20 the Inspector Tor the lnep. Gee
non OF their meat, ana imposes "a hNc OF MOI
less than iiftN nor more IMAM one huhai eco
dollars for each failure So tO do. recoverable
before any Justice ol thc peace. ANA provides
that I'm cities OF hittcn thousand inhh.llaliis
on more. half Of the fees received by me in-
spectots shall Doe paid into tine state Ircls-
urv but the counties of AccOluac ANA Worth
ampton aic exempted from the operation II
the act.
make oath that lhey viii faithfully perform
their duties, and allows the courts appoint
ing. 10 remove them from uilce.
lin section sixth and last. Do provide lllt
the act shalt nc in force from the ist nl
March. 1870. See Virginia Acts OF Assembly
Is.9-9O. chapter 80, page bj.
Upon the authorities and cause Thus pre-
scnted. come 20 consider whether on not iic
Virginia "Aci o. prevent me safe OF cn-
uholeson. q meats is constitutional. and has
precedence as ana Inspection law over cou-ll-
iuflOnal provisions for securing the freedom
of trade between the states.
~ is undcniahle that state OF this Union.
like am other sclfgoVcrniug states. mas tlc
power 20 enact inspection Laws for the Iul-
lie safety. ~ has as clear fignt To tIs
power rs 10 has to existence. II NAV enact
and emf rec Inspection laws adapt lO s.-
cure the public safety oven though they
trench upOn aud moro or less oh>trucl tnr
freedom oftrade between the states.
n il equally true however that inspection
laws 10 be Within The sovereign pferogatlNe
81 the state and 10 stand superior 90 e. ride
nal provisions of the National Constitution.
must bee essentially and really such in chonc-
ter purpose, and operation. To call e. laW an
inspection law does not make 10 one c0mpe-
tent 90 override any tenet OF constitutional
law. ltmustica nspectionlaW iu spirit aud
iu truth in order that its character as such
shall be respected. And even though 10 Doe Boo
IT'S essence and a sign an Inspection law, yet
in order that DO maN NOT De suuordlnnicd tO the
provision of the Constitution ESTABLISHING
the freedom OF Interstate Co Nmeice. Il
must Doe "a reasonable law. properly de-
Vised Tor preventing the evil at which DO Is
aimcd-s so devised as 90 no more ilan ciiccfu-
ate that purpose. and as not 10 subs0INe
other objects uuesscntll TO the public safety
When inspection laws ave abused for zoe
latter ends. aud thereby affect foreign come
mcfce ana trade between The states. 70 is
competent for the national courts ID Is made
our "Solcmn duty" 10 pronounce them in-
valid and % forbid their enforcement. The
framors OF the National Constitution indi-
which State inspection laws would bc sus-
ccptiblc, and OF The necessity Of subccting
them 10 stringent limitation. III the re- mark
able clause =. Of section 10. Of Article ! at
that Instrument Ia which, giving the States
power 10 impose inspection charges upon
foreign commerce. they required that pre-
ylous leave should he obtained from con- /
prcss 70 impose them. that the laws when !
passed should be subject 20 Congressional re-
vision and cOutiOi. that the moneys arising /
nom such charges should he paid into the /
National Treasury, aud that the charges /
should bc only such were absolutely /
necessary" for executing tie Inspection.
! hey gave no such e&pfess power In respect
10 Inspection charges upon commerce be-