In re Schechter
| Decision Date | 13 October 1894 |
| Citation | 63 F. 695 |
| Parties | In re SCHECHTER. |
| Court | U.S. District Court — District of Minnesota |
N Kingsley and W. E. Todd, for petitioner.
Henry A. Morgan and A. L. Hoppaugh, for the State.
SANBORN Circuit Judge (orally from the bench).
The prisoner, a citizen of the state of Iowa, is deprived of his liberty under the commitment of a justice of the peace of the state of Minnesota, on the sole ground that, as the agent of citizens of the state of Illinois, he sold fruit trees that were grown in the state of Illinois in the state of Minnesota, without complying with the provisions of sections 1-3 of chapter 196 of the Laws of Minnesota for the year 1887. There is no claim that any false representations were made or any fraud committed in this sale. Section 1 of this chapter provides that it shall be unlawful for any person to sell or offer for sale any tree, plant, shrub, or vine, not grown in the state of Minnesota, without first filling with the secretary of state an affidavit setting forth his name age, occupation, and residence, and, if an agent, the name occupation, and residence of his principals, and a statement as to where the nursery stock to be sold is grown, together with a bond to the state of Minnesota, in the penal sum of $2,000, conditioned to save harmless any citizen of this state who shall be defrauded by any false or fraudulent representations as to the place where such stock sold by such person was grown, or as to its hardiness for climate. Section 2 provides that the secretary of state, on compliance with the provisions of section 1, shall give to the applicant a certificate setting forth the facts that show a full compliance by the applicant with the provisions of the act, and that said applicant shall exhibit this certificate, or a copy of it, to any person to whom stock is offered for sale. Section 3 provides that any person, whether as principal or agent, who shall sell or offer for sale any foreign-grown nursery stock within this state, shall furnish to the purchaser a duplicate order, with a contract specifying that such stock is true to name, and as represented. Section 4 imposes a penalty of not less than $25 nor exceeding $100, or of imprisonment in the county jail for a term not less than 10 or more than 60 days, in the discretion of the court, for the sale by any person of any foreign-grown nursery stock within this state without complying with the first three sections of the act. There is no law of the state of Minnesota which imposes any such restrictions upon the sale of any tree, plant, or vine grown in this state.
The third clause of section 8 of article 1 of the constitution of the United States provides that 'the congress shall have power * * * to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. ' The effect of this provision of the constitution has been so frequently and forcibly declared by the supreme court of the United States that it is sufficient for the purposes of this case to state a few of the propositions that the decisions of that court have established. The power to regulate commerce among the states was carved out of the general sovereign power...
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...v. Missouri, 91 U.S. 275; Guy v. Baltimore, 100 U.S. 434; Webber v. Virginia, 103 U.S. 344; In re Watson, 15 F. 511 [Vt. Statute]; In re Schechter, 63 F. 695 [Minn. Rogers v. McCoy, 6 Dak. 238, 44 N.W. 990; Vermont v. Pratt, 59 Vt. 590, 9 A. 556; Vines v. State, 67 Ala. 73; Murphy v. Sipe, ......
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