United States Supreme Court Cases & Opinions

U.S. Supreme Court

Alaska v. Troy, 258 U.S. 101 (1922)

Alaska v. Troy

No. 392

Argued December 14, 15, 1921

Decided February 27, 1922

258 U.S. 101

Syllabus

1. Alaska has been incorporated into and is part of the United States, and the Constitution, so far as applicable, is controlling upon Congress when legislating in respect thereto. P. 258 U. S. 110.

2. Section 27 of the Merchant Marine Act, forbidding, with exceptions, transportation of merchandise over routes between points within the United States in vessels not built in the United States or documented under its laws and owned by its citizens, is a regulation of commerce, and not within § 8 of Art. I of the Constitution requiring uniformity throughout the United States of duties, imposts, and excises. P. 258 U. S. 110.

3. Alaska is not a state within § 9 of Art. I of the Constitution, declaring "No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another." P. 258 U. S. 111. Downes v. Bidwell, 182 U. S. 244, considered.

Affirmed.

Appeal from a decree of the district court of the United States for the District of Alaska sustaining a demurrer to, and dismissing, the amended complaint in a suit brought by the Territory and the Juneau Hardware Company to restrain the local Collector of Customs from confiscating merchandise, shipped or to be shipped by the Hardware Company or others in Alaska, from points in the United States over Canadian Railroads to Canadian ports, and thence to Alaska by British vessels not authorized under § 27 of the Merchant Marine Act, or merchandise to be shipped in like manner from Alaska to the United States.

Page 258 U. S. 109