342 U.S. 415 (1952), 329, Mullaney v. Anderson

Docket Nº:No. 329
Citation:342 U.S. 415, 72 S.Ct. 428, 96 L.Ed. 458
Party Name:Mullaney v. Anderson
Case Date:March 03, 1952
Court:United States Supreme Court
 
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Page 415

342 U.S. 415 (1952)

72 S.Ct. 428, 96 L.Ed. 458

Mullaney

v.

Anderson

No. 329

United States Supreme Court

March 3, 1952

Argued January 7-8, 1952

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. A statute of the Territorial Legislature of Alaska, Laws 1949, c. 66, providing for the licensing of commercial fishermen in territorial waters, and imposing a $5 license fee on resident fishermen and a $50 fee on nonresidents, held violative of the Privileges and Immunities Clause of Art. IV, § 2 of the Federal Constitution. Toomer v. Witsell, 334 U.S. 385. Pp. 417-419.

2. So far as the regulation of fisheries is concerned, Congress has granted the Territorial Legislature of Alaska no greater power over citizens of other states than a state legislature has. Pp. 419-420.

3. This suit was brought by the Alaska Fishermen's Union and its Secretary-Treasurer on behalf of some 3,200 nonresident union members. Here, for the first time, petitioner questioned their standing to maintain the suit. To remove the matter from controversy, respondents moved in this Court for leave to add as parties plaintiff two members of the union who are nonresidents of Alaska.

Held: in the special circumstances of this case, the motion is granted. (See Pule 21 of the Federal Rules of Civil Procedure.) Pp. 416 417.

191 F.2d 123 affirmed.

In a suit to enjoin enforcement, the District Court for the Territory of Alaska upheld a tax statute of Alaska. 91 F.Supp. 907. The Court of Appeals reversed. 191 F.2d 123. This Court granted certiorari. 342 U.S. 865. Affirmed, p. 420.

Page 416

FRANKFURTER, J., lead opinion

[72 S.Ct. 429] MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The Territorial Legislature of Alaska provided for the licensing of commercial fishermen in territorial waters, imposing a $5 license fee on resident fishermen and a $50 fee on nonresidents. Alaska Laws, 1949, c. 66. The Alaska Fishermen's Union and its Secretary-Treasurer, on behalf of some 3,200 nonresident union members, brought this action in the District Court of the Territory to enjoin the Tax Commissioner from collecting the license fee from nonresidents. Plaintiffs contended that the Territorial Legislature was without power under the Organic Act to pass the statute, that the exaction complained of unconstitutionally burdens interstate commerce, and that it is an abridgment of the privileges and immunities of citizens of other States forbidden by Art. IV, § 2 of the Constitution and by the Fourteenth Amendment. After trial, the District Court concluded that the differential between resident and nonresident fees rests on substantial differences bearing a fair and reasonable relation to the objects of the legislation, and upheld the statute. 91 F.Supp. 907. The Court of Appeals for the Ninth Circuit reversed, one judge dissenting. 191 F.2d 123. We brought the case here for clarification of the limits on the power of the Territorial Legislature...

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