United States Supreme Court Cases & Opinions

U.S. Supreme Court

Asher v. Texas, 128 U.S. 129 (1888)

Asher v. Texas, 128 U.S. 129 (1888)

No. 781

Argued October 11-12, 1888

Decided October 29, 1888

128 U.S. 129

Syllabus

A state law exacting a license tax to enable a person within the state to solicit orders and make sales there for a person residing within another state is repugnant to that clause of the Constitution of the United States which gives Congress the power to regulate commerce among the several states, and is void.

Robbins v. Shelby Taxing District, 120 U. S. 489, was carefully considered and is affirmed.

Leloup v. Port of Mobile, 127 U. S. 640, to the same point received the unanimous concurrence of the Court, and is affirmed.

A decision of this Court not in harmony with some of its previous decisions has the effect to overrule those with which it is in conflict, whether mentioned and commented on or not.

On the application of the plaintiff in error a writ of habeas corpus, issued from a state court of Texas to inquire into the validity of his imprisonment under the provisions of a statute of the state alleged to be in conflict with the Constitution of the United States. In the Court of Appeals of Texas, final judgment was given against the petitioner. This writ of error was sued out to bring that judgment under review.