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CALIFORNIA V. THOMPSON, 313 U. S. 109 (1941)

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U.S. Supreme Court

California v. Thompson, 313 U.S. 109 (1941)

California v. Thompson

No. 687

Argued April 3, 1941

Decided April 28, 1941

313 U.S. 109

Syllabus

1. The Commerce Clause did not wholly withdraw from the States the power to regulate matters of local concern with respect to which Congress has not exercised its power, even though the regulation affects interstate commerce. P. 313 U. S. 113.

2. The federal Motor Carrier Act of 1935 does not include the regulation of casual or occasional interstate transportation of passengers by persons not engaged in such transportation as a regular occupation or business, § 303(b)(9). P. 313 U. S. 112.

3. A California statute requires every "transportation agent," defined as one who sells or offers to sell or negotiate for transportation on the public highways of the State, to obtain a license assuring his fitness and to file a bond securing faithful performance of the transportation contracts which he negotiates. It applies alike to agents negotiating for interstate or intrastate commerce, is not a revenue measure, and does not appear to increase the cost of interstate commerce. Its apparent object is to safeguard members of the public, desiring to secure transportation by motor vehicle, from fraud and overreaching. Held consistent with the Commerce Clause when applied to a person who, without having obtained the chanrobles.com-red

Page 313 U. S. 110

license or furnished the bond, arranged for motor transportation of passengers from California to Texas by.a carrier who, so far as appears, made only the single trip. P. 313 U. S. 115.

4. Di Santo v. Pennsylvania, 273 U. S. 34, overruled. P. 313 U. S. 116.

41 Cal.App.2d 965 reversed.

Certiorari, 312 U.S. 672, to review the reversal of a conviction on a charge of misdemeanor. chanrobles.com-red

Page 313 U. S. 111


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