United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sault Ste. Marie v. International Transit Co., 234 U.S. 333 (1914)

Sault Ste. Marie v. International Transit Company

No. 323

Argued March 20, 1914

Decided June 8, 1914

234 U.S. 333

Syllabus

A state may not make commercial intercourse with another state or a foreign country a matter of local privilege and require that it cannot be carried on without its consent, and to exact a license fee as the price of that consent.

Page 234 U. S. 334

Transportation between states and foreign countries is within the protection of the constitutional grant to Congress, and this includes transportation by ferry. Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196.

One otherwise enjoying full capacity for the purpose of carrying on interstate or foreign commerce cannot be compelled to take out a local license for the mere privilege of carrying it on.

An ordinance enacted by the City of Sault Ste. Marie under state authority, requiring a license fee for the operation of ferries to the Canadian shore opposite, held unconstitutional as applied to the owner of a ferry boat plying from the Canadian shore as a burden on interstate commerce.

Quaere whether such an ordinance is void as violative of Article I of the Treaty of 1909 with Great Britain.

194 F.5d 2 reversed.

The facts, which involve the right of the state, or a municipality acting under its authority, to establish ordinances regulating maintenance of ferries between its ports and one of a foreign government and the construction of the Treaty of 1909 with Great Britain, are stated in the opinion.

Page 234 U. S. 337