OLEOMARGARINE. 105 



pointed out, are generally of a nature to prohibit entirely the intro- 

 duction and sale in the State of oleomargarine colored in semblance of 

 butter. 



Mr. HOARD. Is there any such issue before this committee ? 



Mr. SPRINGER. No, sir; but I am calling attention to the fact that 

 you are seeking to exert the power which relates to duties on imports 

 as authority for enacting a law placing the manufacture and sale of 

 oleomargarine in the States under this provision of the Constitution, 

 so that it can interfere with the introduction of these articles into the 

 State. 



No duties were to be laid on imports by a State "except what may 

 be absolutely necessary for executing its inspection laws." These are 

 the duties that the States may levy upon articles coming into the State 

 which are legitimate articles of commerce. The States may pass laws 

 for the inspection of all products which may come into them from other 

 States or from foreign countries. Such laws are a proper exercise of 

 the police power of the States. But, as was said by the Supreme Court 

 in the case of Railroad Company v. Husen (95 U. S., 465), "the police 

 power of a State can not obstruct foreign or interstate commerce beyond 

 the necessity for its exercise; and under color of it objects not within 

 its scope can not be secured at the expense of the protection afforded 

 by the Federal Constitution." The States can provide for reasonable 

 inspection, but can not obstruct interstate or foreign commerce or 

 burden it beyond the requirements of the inspection. 



The power of Congress to pass the first section of the pending bill 

 can not be invoked or justified under this provision of the Constitu- 

 tion. Congress is not giving its consent to the States to lay duties on 

 imports, which duties, if laid, should be paid into the Treasury of the 

 United States. 



The consent of Congress is not given for the purposes contemplated 

 in the provision to which attention has been called. 



Mr. HOARD. Have any of the States asked the right to lay imposts 

 on oleomargarine? 



Mr. SPRINGER. No, sir; none of them. 



Mr. HOARD. Is there any mention of such fact in the proceedings ? 



Mr. SPRINGER. None whatever; but that is the only power you can 

 ask for the right to do that under this provision in the Constitution. 



Mr. HOARD. Is that included in the Wilson Act? 



Mr. SPRINGER. It is included in the Wilson Act so far as intoxica- 

 ting liquors are concerned, which were to be subject to the police 

 power by reason of the very nature of the subject itself. 



The ACTING CHAIRMAN. This is a revenue measure. 



Mr. SPRINGER. 1 will come to that point in a moment and discuss it 

 further on. Therefore I ask gentlemen of the committee and Congress 

 to consider the scope of the provision of the Constitution, and unless 

 section 1 can be brought within the provisions of that section it has 

 no place in the Constitution upon which it can rest. 



Now, can it rest upon any other provision? The other constitu- 

 tional provision involved is the power of Congress to regulate com- 

 merce with foreign nations and among the several States. This power 

 is given to Congress alone. There is no exception or qualification to 

 this grant of power. Congress alone can exercise it. The power can 

 not be delegated by Congress to the States. If it had been intended 

 to permit the States to exercise this power under any circumstances 



