Guy v. Baltimore

100 U.S. 434, 25 L. Ed. 743, 1879 U.S. LEXIS 1837
CourtSupreme Court of the United States
DecidedMarch 22, 1880
Docket136
StatusPublished
Cited by128 cases

This text of 100 U.S. 434 (Guy v. Baltimore) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guy v. Baltimore, 100 U.S. 434, 25 L. Ed. 743, 1879 U.S. LEXIS 1837 (1880).

Opinions

Mr. Justice Hablan

delivered the opinion of the court.

In Woodruff v. Parham (8 Wall. 123), we had occasion to consider the constitutional validity of an ordinance of the city of Mobile under the provisions of which had been assessed, for municipal purposes, a tax upon sales in that city of certain goods and merchandise, the product of States other than Alabama.. The ordinance, in its application to articles carried into Alabama from other States, was assailed as being inconsistent with the constitutional inhibition upon the States levying imposts or duties on imports or exports — with the power of Congress to regulate commerce with foreign nations and among the several States — and with that clause which declares that the citizens of each State shall be entitled to all the immunities and privileges of citizens of the several States.

Touching the first of these propositions it was ruled that the [438]*438term import, as used in. sect. 10, art. 1, of tbe Constitution, had reference to articles imported from foreign countries, and not to such as were brought from one of the States of the Union into another. In the argument, Brown v. Maryland (12 Wheat. 419) was cited in support of the proposition that the whole ordinance, in its application to articles brought from other States to Mobile for sale, was an unauthorized regulation of inter-state commerce. Upon that branch of the case, we said: “If the court there [in Brown v. Maryland] meant to say that a tax levied on goods from a sister State, which wak not levied on goods of a similar character produced within the State, would be in conflict with the clause of the Constitution giving Congress the right to regulate commerce; among the States, as much as the tax on foreign goods, then under consideration, was in conflict with the authority to regulate commerce with foreign nations, we agree to the proposition.”

In a subsequent portion of our opinion in Woodruff v. Parham, it was said: “ But we may be asked, is there no limit to the power of the States to tax the produce of other States brought within their borders ? And can they so tax them as to drive them out or altogether prevent their introduction or their transit over their territory ? ,The case before us is a simple tax on sales of merchandise imposed alike upon all sales made in Mobile, whether the sales be made by a citizen of Alabama, or of another State, and whether the goods sold are the products of that State or of some other. There is. no attempt to discriminate injuriously against the products of other States, or the rights of their citizens, and the casé is not, therefore, an attempt to fetter commerce among the States, or' to deprive the citizens of other States of any privilege or immunity possessed by citizens of Alabama. But a law having such operation'would, in our opinion, be an infringement of the provisions of the Constitution which relate to those subjects, and, therefore, void.”

In Hinson v. Lott (8 Wall. 148), we upheld a. statute of Alabama, imposing taxes upon the sale of spirituous liquors within its limits, upon the ground that it did not discriminate against the products of other States, and only subjected them to the same taxation imposed upon similar articles manufactured [439]*439in that State. Had the statute been susceptible of a different construction, it would have been held to be repugnant to the Constitution.

In Ward v. Maryland (12 id. 418), we examined the pro visions of a statute of Maryland which, among other things, required of persons, not permanent residents of that State, before selling or offering for sale within the limits of the city of Baltimore, any goods, wares, or merchandise whatever, other than agricultural products and articles manufactured in that State, to obtain a license therefor. The amount exacted for such license was larger than the statute required of resident traders engaged in like business. In declaring the statute to be repugnant to the Federal Constitution, we said that, “inasmuch as the Constitution provides that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States, it follows that the defendant might lawfully sell or offer or expose to sale, within the district described in the indictment, any goods which the permanent residents of the State might sell or offer or expose for sale in that district, without being subjected to any higher tax or excise than that exacted by law of such permanent residents.”

Upon the same ground, in the more recent case of Welton v. State of Missouri (91 U. S. 275), we held void a statute of Missouri imposing a peddler’s license-tax upon persons going from place to place to sell patent and other medicines, goods, wares, or merchandise, except 'books, charts, maps, and stationery, not the growth, product, or manufacture of that State, and which did not impose a like tax upon the sale of similar articles, the growth, product, or manufacture of Missouri.

In view of these and other decisions of this court, it must be regarded as settled tbat no State can, consistently with the Federal Constitution, impose upon the products of other States, brought therein for sale or use, or upon citizens because engaged in the sale therein, or the transportation thereto, of the products of other States, more onerous public burdens or taxes than it imposes upon the like products of its own territory.

If this were not so, it is easy to perceive how the power of Congress to regulate commerce with foreign nations and among the several States could be practically annulled, and the equality [440]*440of commercial' privileges secured by the Federal Constitution to citizens of the several States be materially abridged and impaired. “ Over whatever other interests of the country,” said Mr. Webster, “this government may diffuse its benefits and blessings, it will always be true, as matter of historical fact, that it had its immediate origin in the necessities of commerce;' and for its immediate object, the relief of those necessities, by removing their causes, and by establishing a uniform and steady system.” But State legislation such as that indicated in the cases which have been cited, if maintained by this court, would ultimately bring our commerce to that “ oppressed and degraded state,” existing at the adoption of the present Constitution, when the helpless, inadequate Confederation was abandoned • and a national government instituted,. with full power over the entire subject of commerce, except that wholly internal to the States composing the Union.

How far the principles enunciated in the foregoing cases control- the determination of the one before us, we now proceed to inquire. ■

By an act of the General Assembly of Maryland, passed in 1827, authority was given to the mayor and city council of Baltimore to regulate, ¡establish, charge, and collect to their use such rate of wharfage as they might think reasonable, of and from all vessels resorting to or lying at, landing, depositing, or transporting goods or articles, other than the products of that State, on any wharf or wharves belonging to that municipal corporation, or any public wharf in the city other than the wharves belonging to or rented by the State, and that part of Pratt Street wharf, theretofore reserved for the use of the citizens of that State. Maryland Code of Public Local Laws, art. 4, sect. 945. .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

National Pork Producers Council v. Ross
598 U.S. 356 (Supreme Court, 2023)
The Dog Pound, LLC v. City of Monroe
558 F. App'x 589 (Sixth Circuit, 2014)
Freedom Holdings Inc. v. Spitzer
357 F.3d 205 (Second Circuit, 2004)
Dickerson v. Bailey
336 F.3d 388 (Fifth Circuit, 2003)
Wal-Mart Stores, Inc. v. Rodriguez
238 F. Supp. 2d 395 (D. Puerto Rico, 2002)
Kendall-Jackson Winery, Ltd. v. Branson
82 F. Supp. 2d 844 (N.D. Illinois, 2000)
Indianapolis Power & Light Co. v. Pennsylvania Public Utility Commission
711 A.2d 1071 (Commonwealth Court of Pennsylvania, 1998)
Gen. Motors Corp. v. Tracy
1995 Ohio 294 (Ohio Supreme Court, 1995)
West Lynn Creamery, Inc. v. Healy
512 U.S. 186 (Supreme Court, 1994)
Chemical Waste Management, Inc. v. Hunt
504 U.S. 334 (Supreme Court, 1992)
National Solid Waste Management Ass'n v. Voinovich
763 F. Supp. 244 (S.D. Ohio, 1991)
New Energy Co. of Indiana v. Limbach
486 U.S. 269 (Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
100 U.S. 434, 25 L. Ed. 743, 1879 U.S. LEXIS 1837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-baltimore-scotus-1880.