CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


NEW YORK EX REL. SILZ V. HESTERBERG, 211 U. S. 31 (1908)

Subscribe to Cases that cite 211 U. S. 31 RSS feed for this section

U.S. Supreme Court

New York ex Rel. Silz v. Hesterberg, 211 U.S. 31 (1908)

New York ex Rel. Silz v. Hesterberg

No. 206

Argued October 12, 1908

Decided November 2, 1908

211 U.S. 31

Syllabus

Subject to constitutional limitations, the legislature of a state may pass measures for the protection of the people in the exercise of the police power and is the judge of their necessity and expediency.

It is within the police power of a state to prohibit possession of game during the closed season even if brought from without the state.

A police measure otherwise within the constitutional power of the state will not be held unconstitutional under the commerce clause of the federal Constitution because it incidentally and remotely affects interstate commerce. Plumley v. Massachusetts, 155 U. S. 461, followed; Schollenberger v. Pennsylvania, 171 U. S. 1, distinguished.

The sections of the Forest, Fish and Game Law of the New York which prohibit possession of game during the closed season are a valid exercise of the police power of the state, and are not in conflict with the Constitution of the United States either as depriving persons importing game of their property without due process of law or as an interference with, or a regulation of, interstate commerce. Geer v. Connecticut, 161 U. S. 519.

Independently of the Lacey Act of May 25, 1900, c. 553, 31 Stat. 187, relating to transportation of game in interstate commerce, the provisions of the New York Forest, Fish and Game Law prohibiting possession of game in closed season is a valid exercise of the police power of the state, and quaere, but not decided, whether the New York law is not also validated by such act of Congress. [Footnote 1]

184 N.Y. 126 affirmed.

The facts which involve the constitutionality of the sections of the Forest, Fish and Game Law of the State of New York of 1900, relating to the possession of game or fish during the closed season, are stated in the opinion. chanroblesvirtualawlibrary

Page 211 U. S. 35





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED