1900.] HASTINGS—POLICE POWER OF THE STATE. 398 
follow. ‘Toward the end of his opinion Justice Mcl.ean touches 
again upon the police power, this time in its relation to taxation : 
1«*The police power of the state cannot draw within its jurisdiction 
objects which lie beyond it. It meets the commercial power of the 
Union in dealing with subjects under the protection of that power, yet 
it can only be exerted under peculiar emergencies and to a limited ex- 
tent. In guarding the safety, health and morals of its citizens a state is 
restricted to appropriate and constitutional means. If extraordinary 
expenses be incurred an equitable claim to an indemnity can give no 
power to a state to tax objects not subject to its jurisdiction.” 
Justice Wayne, who took no part in the discussion of the License 
cases but concurred in the decision, now declares himself for the 
doctrine of exclusive power in Congress over commerce, and says 
that opinions to the contrary are ‘‘ individual opinions,’’ and 
without authority ‘‘to overrule the contrary conclusion as it is 
given by this court in Gibbon vs. Ogden.’’ He does not think it 
necessary to reaffirm that doctrine, however, in these cases. 
He announces nine conclusions of the court in these Passenger 
cases, with most of which the police power has little direct con- 
cern. The second of them is, that the states cannot tax commerce 
of the United States to help defray expense of executing police 
laws, and that commerce includes intercourse of persons as well as 
importations of merchandise. He also finds the laws in question 
are inconsistent with certain treaties and Congressional enactments, 
though why he should do so, after concluding that their entire 
subject is outside of the domain of state legislation, is not quite 
clear. His ninth conclusion is that the states may, in the exercise 
of their police powers, establish quarantine and health laws and 
impose penalties for their violation ; that such laws though affect- 
ing commerce do not regulate it, and in the exercise of such police 
power without infringing on that of Congress the state may exact 
from owners and passengers of vessels the costs of their detention 
and purification. ‘The laws under consideration are held to be not 
of this character but to establish a tax in each case on foreign com- 
merce and, therefore, void. 
Coming to discuss the claim that they are merely police laws 
and the charges merely to cover the expense of executing them, he 
says : 
‘A proper understanding of the police power of a nation will probably 
17 How., 408. 
