toomer
witsell
argued
decided
june
rehearing
denied
see
appeal
district
eastern
district
south
carolina
toomer
witsell
robert
falligant
aaron
kravitch
savannah
appellants
david
robinson
washington
monroe
fulmer
columbia
appellees
chief
justice
vinson
delivered
opinion
suit
enjoin
unconstitutional
enforcement
several
south
carolina
statutes
governing
commercial
shrimp
fishing
maritime
belt
coast
state
appellants
initiated
action
five
individual
fishermen
citizens
residents
georgia
fish
dealers
organization
incorporated
florida
appellees
south
carolina
officials
charged
enforcement
statutes
federal
district
convened
hear
upheld
statutes
denied
injunction
dismissed
suit
direct
appeal
noted
probable
jurisdiction
fishery
south
carolina
attempts
regulate
statutes
question
part
larger
shrimp
fishery
extending
north
carolina
florida
shrimp
area
migratory
type
swimming
south
late
summer
fall
returning
northward
spring
since
federal
regulation
fishery
four
intimately
concerned
gone
separate
ways
devising
conservation
regulatory
measures
action
followed
somewhat
parallel
lins
efforts
secure
uniformity
throughout
fishery
large
fruitless
integral
nature
fishery
many
commercial
shrimpers
including
appellants
like
start
trawling
carolinas
summer
follow
shrimp
coast
florida
state
desirous
securing
residents
opportunity
shrimp
way
apparently
concerned
channeling
residents
business
derived
local
waters
restrictions
fishing
marginal
sea
even
prohibitions
invited
retaliation
point
fishery
effectively
partitioned
state
lines
bilateral
bargaining
official
level
come
method
whereby
one
obtain
citizens
right
shrimp
waters
adjacent
south
carolina
forbids
trawling
shrimp
state
inland
habitat
young
shrimp
first
months
life
also
provides
closed
season
mile
maritime
belt
spawning
season
march
july
validity
regulations
questioned
statutes
appellants
challenge
relate
shrimping
open
season
belt
section
south
carolina
code
provides
waters
area
shall
common
people
state
taking
fish
section
imposes
tax
pound
green
raw
shrimp
taken
waters
section
amended
requires
payment
license
fee
shrimp
boat
owned
resident
one
owned
resident
another
statute
integrated
code
conditions
issuance
licenses
years
thereafter
submission
proof
applicants
paid
south
carolina
income
taxes
profits
operations
state
preceding
year
requires
boats
licensed
trawl
shrimp
state
waters
dock
south
carolina
port
unload
pack
stamp
catch
shipping
transporting
another
state
waters
thereof
violation
fishing
laws
enti
ls
suspension
violator
license
well
maximum
fine
imprisonment
year
combination
fine
year
imprisonment
first
confronted
outset
appellees
contention
rejected
district
injunctive
relief
inappropriate
case
regardless
validity
challenged
statutes
since
appellants
failed
show
imminence
irreparable
injury
come
clean
hands
corporate
appellant
agree
appellees
showing
enforcement
statute
work
irreparable
injury
record
shows
corporation
association
fish
dealers
operates
fishing
boats
indeed
neither
record
appellants
brief
sheds
light
statutes
affect
corporation
let
alone
enforcement
cause
irreparable
injury
circumstances
corporation
standing
ask
federal
take
extraordinary
step
restraining
enforcement
state
statutes
remainder
opinion
therefore
addressed
individual
appellants
case
agreed
appellees
attempting
enforce
statutes
also
clear
compliance
income
tax
statute
required
payment
large
sums
money
south
carolina
provides
means
recovery
defiance
carried
risk
heavy
fines
long
imprisonment
withdrawal
fishing
test
case
taken
south
carolina
courts
perhaps
resulted
substantial
loss
business
compensation
obtained
except
income
tax
statute
conclude
appellants
sufficiently
showed
imminence
irreparable
injury
plain
adequate
complete
remedy
law
appellants
position
income
tax
unconstitutional
south
carolina
require
georgia
residents
pay
south
carolina
income
taxes
profits
made
operations
south
carolina
waters
another
south
carolina
statute
however
permits
taxpayer
believes
tax
cause
pay
tax
protest
sue
state
recover
amounts
paid
absence
showing
appellants
take
advantage
procedure
raise
constitutional
objections
tax
say
adequate
remedy
law
individual
appellants
previously
convicted
shrimping
season
inland
waters
district
held
previous
misconduct
relation
constitutionality
challenged
statutes
call
application
clean
hands
maxim
agree
second
appellants
press
contention
correct
dispose
case
urge
south
carolina
jurisdiction
coastal
waters
beyond
mark
california
relied
upon
proposition
appellants
seem
concede
correctly
neither
holding
implication
case
deciding
asserted
claim
paramount
rights
belt
pointedly
quoted
supplied
emphasis
statement
skiriotes
florida
also
clear
florida
interest
proper
maintenance
sponge
fishery
state
stt
ute
far
applied
conduct
within
territorial
waters
florida
absence
conflicting
federal
legislation
within
police
power
state
since
present
case
evinces
conflict
south
carolina
regulatory
scheme
assertion
federal
power
district
properly
concluded
state
sufficient
interests
shrimp
fishery
within
three
miles
coast
may
exercise
police
power
protect
regulate
fishery
follow
existence
power
regulate
however
power
need
exercised
within
confines
generally
applicable
constitutional
limitations
view
take
heart
case
whether
south
carolina
admitted
power
exercised
proceed
various
aspects
problem
third
appellants
contend
imposes
tax
pound
green
shrimp
taken
maritime
belt
taxes
imports
unduly
burdens
interstate
commerce
violation
art
constitution
agree
merit
position
since
south
carolina
power
regulate
fishing
belt
least
federal
government
made
conflicting
assertion
power
fish
caught
belt
considered
realistic
sense
word
appellants
urge
however
tax
imposed
shrimp
caught
outside
well
within
mile
limit
face
statute
effect
appellants
call
attention
south
carolina
decision
interpreting
since
benefit
interpretation
state
courts
since
suit
injunction
present
concrete
factual
situation
involving
application
statute
shrimping
beyond
imaginary
line
inappropriate
us
rule
abstract
extent
state
power
tax
regard
statute
violate
commerce
clause
discriminate
interstate
commerce
shrimp
taxable
event
taking
shrimp
occurs
shrimp
said
entered
flow
interstate
commerce
fourth
appellants
vigorous
attack
directed
amended
requires
south
carolina
pay
license
fees
one
hundred
times
great
residents
must
pay
purpose
effect
statute
contend
conserve
shrimp
exclude
thereby
create
commercial
monopoly
south
carolina
residents
statute
said
violate
privileges
immunities
clause
art
iv
constitution
equal
protection
clause
fourteenth
amendment
article
iv
far
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follows
citizens
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entitled
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faith
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state
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republic
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league
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virginia
wall
line
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ago
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citizens
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leeway
analyzing
local
evils
prescribing
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mind
turn
consideration
constitutionality
statute
south
carolina
plainly
frankly
discriminates
record
leaves
little
doubt
discrimination
great
practical
effect
virtually
exclusionary
appellees
seriously
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argue
since
statute
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terms
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clause
speaks
citizens
argument
agree
without
force
case
justification
statute
appellees
urge
state
obvious
purpose
conserve
shrimp
supply
suggest
designed
head
impending
threat
excessive
trawling
record
casts
doubt
statements
event
appellees
argument
assumes
means
adopted
attain
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objectives
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purpose
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indicated
outlaw
classifications
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fact
unless
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indicate
constitute
peculiar
source
evil
statute
aimed
connection
appellees
mention
without
elucidation
fishing
methods
used
size
boats
allegedly
greater
cost
enforcing
laws
one
statement
appellees
brief
might
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construed
mean
state
conservation
program
shrimp
requires
expenditure
funds
beyond
collected
license
residents
contribute
nothing
record
indicates
residents
use
larger
boats
different
fishing
methods
residents
cost
enforcing
laws
appreciably
greater
substantial
amount
state
general
funds
devoted
shrimp
conservation
assuming
facts
necessarily
support
remedy
drastic
near
equivalent
total
exclusion
state
without
power
example
restrict
type
equipment
used
graduate
license
fees
according
size
boats
even
charge
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merely
compensate
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enforcement
burden
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impose
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expenditures
taxes
residents
pay
closing
eyes
reality
believe
concluded
reasonable
relationship
danger
represented
citizens
class
severe
discrimination
practiced
upon
thus
must
held
unconstitutional
unless
commercial
shrimp
fishing
maritime
belt
falls
within
unexpressed
exception
privileges
immunities
clause
appellees
strenously
urge
exception
argument
runs
follows
ever
since
roman
times
animals
ferae
naturae
reduced
individual
possession
ownership
considered
res
nullius
part
community
interests
hence
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control
sovereign
governmental
authority
recently
thought
expressed
saying
fish
game
common
property
citizens
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unit
government
sort
trustee
exercises
benefit
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case
fish
also
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government
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lakes
streams
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fish
within
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corpus
trust
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lend
support
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one
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mccready
virginia
actually
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state
action
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citizens
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independent
reasons
justifying
discrimination
case
sanctioned
virginia
statute
applied
hibit
citizens
virginia
citizens
planting
oysters
tidal
waters
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said
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mere
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analogy
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planting
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mccready
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related
fish
remain
virginia
removed
man
present
case
hand
deals
fish
migrate
waters
several
coast
south
carolina
temporarily
secondly
mccready
case
involved
regulation
fishing
inland
waters
whereas
statute
questioned
directed
regulation
shrimping
marginal
sea
thus
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hand
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precedent
might
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fall
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mccready
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factors
make
present
case
distinguishable
render
theory
weak
prop
south
carolina
statute
shrimp
migratory
makes
apposite
justice
holmes
statement
missouri
holland
put
claim
state
upon
title
lean
upon
slender
reed
wild
birds
possession
anyone
possession
beginning
ownership
indeed
fifteen
years
mccready
decision
unanimous
indicated
rule
case
might
apply
fish
fact
activity
belt
south
carolina
statute
regulates
equal
relevance
considering
applicability
ownship
doctrine
california
indicated
preclude
state
regulation
activity
marginal
sea
case
hold
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colonies
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whole
ownership
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fiction
expressive
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importance
people
state
power
preserve
regulate
exploitation
important
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vital
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consideration
constitutional
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state
exercise
power
like
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discriminate
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citizens
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lead
us
conclusion
mccready
exception
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cover
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hold
commercial
shrimping
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like
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within
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maintain
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clause
fourteenth
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argument
since
unnecessary
disposition
present
case
fifth
appellants
contend
requires
owners
shrimp
boats
fishing
maritime
belt
south
carolina
dock
south
carolina
port
unload
pack
stamp
catch
tax
stamp
transporting
another
state
burdens
interstate
commerce
shrimp
violation
art
constitution
record
shows
high
proportion
shrimp
caught
waters
along
south
carolina
coast
appellants
others
shipped
interstate
commerce
also
uncontradicted
evidence
appellants
costs
materially
increased
necessity
shrimp
unloaded
packed
south
carolina
ports
rather
home
bases
georgia
maintain
docking
warehousing
refrigeration
packing
facilities
addition
inevitable
concomitant
statute
requiring
work
done
south
carolina
even
though
economically
disadvantageous
fishermen
divert
south
carolina
employment
business
unight
otherwise
go
georgia
necessary
tendency
statute
impose
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rigidity
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pattern
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appellees
contest
fact
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thereby
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extent
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shrimp
caught
waters
south
carolina
coast
however
rely
fact
commerce
affected
fish
rather
commodity
urge
south
carolina
ownership
shrimp
constitutionally
prohibit
shipments
follows
imply
state
impose
lesser
restrictions
issue
shipments
considerable
authority
starting
geer
connecticut
support
contention
state
may
confine
consumption
fish
game
wholly
within
state
limits
need
pause
consider
whether
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belt
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fish
taken
inland
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state
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full
power
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shipments
time
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shipments
burden
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haydel
held
abuse
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enter
order
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interstate
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louisiana
statute
permitted
shipment
shrimp
louisiana
heads
hulls
previously
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case
following
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representative
people
state
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shrimp
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people
taking
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thereby
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johnson
haydel
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reache
basis
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case
similar
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relating
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similarly
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case
south
carolina
attempted
retain
use
people
shrimp
caught
marginal
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indeed
state
eager
stimulate
interstate
shipments
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employment
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industry
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assume
south
carolina
retain
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pressed
individual
appellants
corporate
appellant
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save
one
relating
income
taxes
south
carolina
power
absence
conflicting
federal
claim
regulate
fishing
marginal
sea
south
carolina
code
though
state
exercised
power
manner
consistent
restraints
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imposes
upon
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equitable
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respect
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tax
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black
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justice
frankfurter
justice
jackson
joins
concurring
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portion
entitled
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join
opinion
agree
south
carolina
exceeded
power
control
fisheries
within
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rest
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new
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understanding
regarding
power
fisheries
common
understanding
reflected
mccready
virginia
mccready
case
isolated
decision
looked
askance
symbol
one
weightiest
doctrines
law
expressed
momentum
legal
history
preceded
around
turn
clustered
voluminous
body
rulings
host
state
cases
applied
mccready
doctrine
power
control
game
fisheries
benefit
citizens
day
formulated
amplitude
mccready
doctrine
referring
regulation
distribution
public
domain
common
property
resources
people
state
enjoyment
may
limited
citizens
aliens
citizens
truax
raich
state
project
powers
resources
seeking
control
channels
commerce
among
one
thing
say
food
supply
may
reduced
control
state
feeding
people
locally
consumed
state
power
clause
restriction
upon
exercise
wholly
different
thing
state
provide
citizens
shall
engaged
commerce
among
even
though
based
locally
available
food
supply
exercise
basic
right
state
feed
maintain
give
enjoyment
people
state
regulates
sending
products
across
state
lines
commerce
among
state
intev
ention
subordinate
commerce
clause
nub
decision
packing
haydel
south
carolina
attempted
regulation
commerce
shrimp
among
exceeded
restrictions
commerce
clause
justice
rutledge
concurring
agree
result
opinion
subject
one
interpretation
qualification
opinion
fifth
part
requirement
owners
boats
fishing
maritime
belt
dock
south
carolina
port
unload
pack
stamp
catch
tax
purposes
transporting
another
state
merely
lation
commerce
burdening
sense
materially
increasing
shipper
costs
many
valid
regulations
commerce
regulation
question
goes
farther
aimed
terms
directly
interstate
commerce
alone
thus
seem
discriminatory
intent
effect
upon
commerce
moreover
opinion
character
applied
practical
purposes
block
commerce
since
exactly
sort
state
regulation
commerce
clause
designed
strike
agree
one
stand
considerations
also
think
applicable
nullify
license
fees
levied
nonresidents
since
upon
record
transportation
catches
seem
exclusively
interstate
commerce
practically
footnotes
convened
pursuant
judicial
code
appeal
authorized
judicial
code
see
johnson
lindner
shrimp
industry
south
atlantic
gulf
dept
commerce
bureau
fisheries
investigational
annual
state
board
fisheries
least
three
florida
georgia
south
carolina
belong
atlantic
marine
fisheries
commission
one
principal
aims
secure
enactment
uniform
fisheries
laws
commission
established
pursuant
interstate
compact
ratified
least
thirteen
eastern
duties
however
largely
consultive
advisory
date
efforts
produced
little
way
concrete
results
insofar
south
altantic
shrimp
fishery
concerned
see
stat
ann
ann
et
seq
ann
supp
annual
state
board
fisheries
id
id
id
see
amended
act
ann
amended
session
laws
acts
act
see
also
statements
state
planning
board
revising
shrimp
laws
nonresident
licenses
placed
par
reciprocal
basis
south
atlantic
group
existing
regulations
fishermen
discriminated
state
planning
board
bull
ann
supp
ann
waters
bottoms
bays
rivers
creeks
marshes
within
state
within
three
miles
point
along
low
water
mark
coast
thereof
heretofore
conveyed
grant
legislature
lawful
compact
state
shall
continue
remain
common
people
state
taking
fish
following
fisheries
tax
hereby
imposed
upon
fish
fisheries
products
taken
canned
shucked
shipped
market
pound
green
shrimp
one
cent
prior
imposed
resident
shrimpers
alike
boat
tax
per
ton
personal
license
tax
tax
shrimp
trawl
net
ann
taxes
possible
exception
imposing
boat
tax
graduated
tonnage
apparently
remain
effect
addition
amended
follows
owners
shrimp
boats
residents
state
south
carolina
shall
take
license
boat
owned
said
license
shall
dollars
per
year
owners
shrimp
boats
state
south
carolina
one
boats
licensed
south
carolina
past
three
years
shall
take
license
boat
owned
said
license
shall
one
hundred
fifty
dollars
per
year
owners
shrimp
boats
nonresidents
state
south
carolina
one
boats
licensed
past
three
years
shall
take
license
boat
owned
said
license
shall
two
thousand
five
hundred
dollars
per
year
acts
act
appellants
qualify
licenses
hence
subject
provision
introduced
legislature
passed
south
carolina
house
representatives
bill
amend
contain
provision
provision
inserted
amendment
senate
instance
senator
beaufort
county
coastal
county
adjoining
georgia
see
house
bill
senate
bill
senate
journal
may
pp
charleston
news
courier
may
cols
parts
statute
attacked
case
limit
number
boats
may
licensed
forbid
altogether
issuance
licenses
even
payment
fee
residents
grant
licenses
fish
waters
south
carolina
residents
lower
fee
id
board
fisheries
issuing
licenses
year
thereafter
shall
require
proof
owner
boat
paid
income
taxes
due
state
south
carolina
profits
made
operations
south
carolina
preceding
year
id
boats
licensed
state
trawl
shrimp
waters
state
south
carolina
shall
land
dock
point
south
carolina
shall
unload
catch
shrimp
pack
properly
stamp
shipping
transporting
another
state
waters
thereof
stamping
refers
tax
stamps
acts
act
code
ann
appellees
stress
american
federation
labor
watson
think
doctrine
case
applicable
one
arguments
made
supra
note
see
third
division
opinion
infra
page
page
statutes
except
relating
state
income
taxes
however
agree
district
neither
need
interpretation
statutes
special
circumstance
requiring
federal
stay
action
pending
proceedings
state
courts
see
note
supra
code
ann
section
provides
taxpayer
may
institute
suit
recover
amounts
paid
within
thirty
days
payment
protest
see
argent
lumber
query
appellants
also
contend
south
carolina
limited
boundaries
mark
asserted
power
maritime
belt
district
held
statute
cited
appellants
need
given
effect
attribute
even
construed
impose
constitutional
limit
power
future
legislatures
see
note
supra
see
american
federation
labor
watson
cf
rescue
army
municipal
see
hope
natural
gas
hall
lacoste
dept
conservation
oliver
iron
mining
lord
heisler
thomas
colliery
coe
errol
see
note
supra
see
paul
virginia
wall
travis
yale
towne
mfg
travis
yale
towne
mfg
supra
note
page
page
ward
maryland
wall
see
also
chalker
birmingham
shaffer
carter
see
travis
yale
towne
mfg
parties
stipulated
year
pay
higher
fees
residents
boats
licensed
boats
licensed
even
presumably
owned
persons
fished
south
carolina
waters
three
preceding
years
thus
eligible
licenses
since
appellees
conceded
oral
argument
licenses
taken
see
note
supra
see
blake
mcclung
chalker
birmingham
travis
yale
towne
mfg
relevant
note
statute
imposes
limitation
number
resident
boats
may
licensed
stipulated
number
boats
fell
total
number
boats
licensed
increased
time
reports
state
board
fisheries
several
years
back
expressing
solicitude
need
conservation
measures
reveal
equal
concern
methods
increasing
market
shrimpäby
advertising
air
shipments
contain
frequent
references
economic
importance
shrimp
industry
state
report
example
said
shrimp
business
state
quite
industry
employs
numbers
men
boat
crews
spend
large
sums
money
repairs
gasoline
oil
food
besides
money
spent
individuals
personally
connection
possibility
air
shipments
large
consuming
centers
new
york
report
said
air
transportation
increase
consumption
seafoods
large
quantities
also
create
much
greater
demand
shrimp
seafoods
universe
place
sections
seldom
consumed
result
many
people
get
sold
idea
eating
report
section
shrimp
concluded
statement
able
make
report
certainly
pleasure
state
board
fisheries
able
show
catch
shrimp
season
nearly
twice
large
previous
year
see
stat
ann
supp
fla
act
ann
johnson
lindner
shrimp
industry
south
ata
ntic
gulf
dept
commerce
bureau
fisheries
investigational
south
carolina
imposed
graduated
tax
years
past
code
ann
see
also
ann
stat
ann
supp
extended
exposition
appears
majority
opinion
geer
connecticut
appellees
rely
also
upon
patsone
pennsylvania
haavik
alaska
packers
patsone
case
involved
pennsylvania
statute
forbidding
resident
aliens
kill
game
possess
firearms
useful
purpose
record
concluded
say
pennsylvania
legislature
warranted
assuming
resident
aliens
time
peculiar
source
evil
desired
prevent
statute
therefore
held
violate
fourteenth
amendment
theory
case
substantial
reason
discrimination
beyond
mere
fact
alienage
haavik
case
involved
validity
act
congress
alaskan
statute
imposing
nonresidents
residents
fishing
license
fee
upholding
statute
pointed
concerned
taxation
state
considering
power
congress
authorize
tax
added
fee
reasonable
contribution
toward
protection
local
government
afforded
manchester
massachusetts
case
appellant
citizen
rhode
island
convicted
violating
massachusetts
statute
regulated
fishing
buzzard
bay
upheld
massachusetts
power
enact
regulation
pointed
statute
discrimination
favor
citizens
massachusetts
citizens
ibid
see
pound
introduction
philosophy
law
fiction
apparently
gained
currency
partly
result
confusion
roman
term
imperium
governmental
power
regulate
dominium
ownership
power
fish
game
origin
imperium
ibid
see
note
supra
see
note
supra
district
thought
fountain
packing
johnson
cases
rendered
inapplicable
case
bayside
fish
flour
gentry
california
statute
upheld
case
however
far
different
type
one
dealing
statute
effect
limited
number
fish
reduced
fish
flour
apart
processed
sold
forms
rejecting
appellant
argument
statute
unconstitutionally
burdened
interstate
commerce
said
way
limits
regulates
movement
sardines
outside
state
movement
manufactured
product
state
outside
act
regulates
manufacture
within
state
direct
operation
intended
actual
wholly
local
district
also
said
requirements
reasonable
means
maintaining
good
reputation
products
originating
south
carolina
appellees
pretend
statute
results
better
preservation
shrimp
healthful
form
moreover
since
shrimp
caught
shores
south
carolina
indistinguishable
taken
shores
neighboring
purchasers
reason
suppose
shrimp
packed
georgia
inferior
products
south
carolina