United States Supreme Court Cases & Opinions

U.S. Supreme Court

Di Santo v. Pennsylvania, 273 U.S. 34 (1927)

Di Santo v. Pennsylvania

No. 288

Argued October 27, 1926

Decided January 3, 1927

273 U.S. 34

Syllabus

A state law requiring persons, other than railroad or steamship companies, who engage within the state in the sale of steamship tickets or orders for transportation to or from foreign countries, to procure a license, by giving proof of moral character, paying a small annual fee, and filing a bond as security against fraud or misrepresentation to purchasers, is a direct burden on foreign commerce, contravening the commerce clause of the Constitution, and cannot be sustained as a proper exercise of the state police power to prevent possible fraud. P. 273 U. S. 35.

So held as applied to one who was authorized by four steamship companies to sell their tickets at a specified place and who was supplied by them with tickets, advertising matter, schedules of sailings, and other information and authorized by them to collect the money for the tickets sold and required to give bonds to the respective companies and to account to each for moneys receive for its tickets, less a percentage for his remuneration.

285 Pa. 1 reversed.

Error to a judgment of the Supreme Court of Pennsylvania sustaining a conviction of Di Santo, for selling steamship tickets without first having procured a license as required by a law of that state.

Page 273 U. S. 35