297 N.W. 24 | Minn. | 1941
The state lays much stress upon cases such as Minnesota v. Blasius,
In construing the rights of states in the exercise of their police power the federal courts have been liberal in sustaining regulations which incidentally and indirectly affect interstate commerce. But the exercise of either the taxing power or the police power by a state will not be sustained if the effect is to establish an economic barrier between the states. Baldwin v. G. A. F. Seelig, Inc.
"Restrictions so contrived are an unreasonable clog upon the mobility of commerce. They set up what is equivalent to a rampart of customs duties designed to neutralize advantages belonging to the place of origin. They are thus hostile in conception as well as burdensome in result."
A state may not even in good faith and without any purpose of violating the constitution unreasonably burden interstate commerce by the exertion of its police power. Minnesota v. Barber,
"It will be noted that the bond required is to relate, not merely to the title of the vehicle and to its freedom from liens, but also to loss, damage, and expense by reason of fraudulent representation or breach of warranty as to quality, condition, use, or value; and the proofs leave no doubtthat the furnishing of such a bond will be expensive andburdensome and will place out-of-state used automobiles at agreat disadvantage in competition with used automobiles fromwithin the state. The $10 fee required upon deposit of each bond is not shown to have any reasonable relation to the cost of registering the title, but on the contrary is imposed in addition to the regular fees for such registration. It nowhere appears, from the statute or otherwise, that it is imposed as reimbursement for any expense incurred by the state, and the statute directs that it be paid into the general fund. The exaction of the fee cannot be justified, therefore, as a reimbursement of expense incurred by the state. Ingels v. Morf,
It is evident from a reading of Judge Parker's opinion that the case was thoroughly presented and carefully considered, and in our view the opinion is entitled to great weight. The learned court, in commenting upon the contention there made, as here, that the property had come to rest within the state and that its transportation in interstate commerce had ceased, admitted that it was subject to the police power of the state, but said that "it is equally well settled that the state may not in the exercise of such power discriminate against property which has thus been brought in from *591
other states; for to do so is to burden interstate commerce in violation of the commerce clause of the Constitution," citing numerous supreme court cases. Such articles of commerce are protected from burdensome discrimination by reason of their foreign origin. Welton v. Missouri,
"If it is thought that the sale of such cars furnishes peculiar opportunities for fraud, the answer is that if regulation of interstate commerce in used cars is deemed desirable, it must be remembered that it is Congress, and not the State Legislatures, to whom the people have delegated the power of regulating such commerce."
The order appealed from is reversed with directions to discharge the defendant. *592