currin
wallace
argued
january
decided
january
lanier
greenville
royster
oxford
roberts
greenville
petitioners
robert
jackson
sol
robert
mcconnaughey
dayton
ohio
respondents
chief
justice
hughes
delivered
opinion
plaintiffs
tobacco
warehousemen
auctioneers
oxford
north
carolina
seek
declaratory
tobacco
inspection
act
august
unconstitutional
injunction
enforcement
circuit
appeals
reversing
district
sustained
validity
act
directed
dismissal
bill
complaint
granted
certiorari
october
act
scope
purpose
secs
applies
transactions
involving
sale
tobacco
auction
commonly
conducted
auction
markets
transactions
carried
tobacco
producers
persons
engaged
business
buying
selling
tobacco
commerce
defined
commerce
interstate
foreign
within
territories
district
columbia
congress
finds
classification
tobacco
according
type
grade
characteristics
affects
prices
received
uniform
standards
classification
inspection
evaluation
tobacco
susceptible
speculation
manipulation
control
fluctuations
prices
quality
determinations
occur
constituting
burden
upon
commerce
use
uniform
standards
imperative
protection
producers
others
engaged
commerce
public
interest
therein
secretary
agriculture
authorized
investigate
handling
inspection
marketing
tobacco
establish
standards
type
grade
size
condition
characteristics
may
determined
standards
official
standards
secs
secretary
authorized
designate
markets
tobacco
bought
sold
auction
products
customarily
manufactured
therefrom
move
commerce
designate
market
unless
thirds
growers
voting
prescribed
referendum
favor
act
provides
public
notice
market
designated
tobacco
shall
offered
sale
auction
thereon
inspected
certified
authorized
representative
secretary
according
established
standards
proviso
case
competent
inspectors
available
reasons
secretary
unable
provide
inspection
certification
auction
markets
within
type
area
shall
first
designate
markets
greatest
number
growers
may
served
facilities
available
sec
warehousemen
must
provide
space
warehouse
tickets
tags
labels
used
showing
grades
determined
authorized
inspector
sec
secretary
authorized
publish
ute
without
cost
grower
timely
information
supply
demand
location
disposition
quality
condition
market
prices
sec
violation
requirement
inspection
certification
designated
markets
made
misdemeanor
punishable
fine
imprisonment
one
year
sec
market
practices
led
enactment
disclosed
record
described
length
report
committee
agriculture
house
representatives
submission
bill
growers
sort
tobacco
market
best
tied
bundles
brought
auction
warehouse
put
baskets
weighed
placed
rows
warehouse
floor
ticket
pile
warehousemen
auction
tobacco
acting
representatives
growers
receiving
fees
rates
fixed
state
law
auction
goes
forward
extreme
one
basket
every
ten
auctioneer
proceeding
along
one
side
row
buyers
moving
auction
conducted
technical
vocabulary
intelligible
initiated
bids
made
understood
gestures
sale
completed
grower
accepts
bid
may
decline
bid
take
tobacco
away
bidders
representatives
tobacco
companies
speculators
experts
grades
committee
reported
possession
grade
price
information
buyers
lack
part
growers
places
growers
severe
handicap
marketing
tobacco
opens
way
abuses
practices
farmers
ized
thought
committee
purchaser
needs
expert
grades
order
protect
interest
sale
growers
accorded
protection
also
appears
record
speed
sale
buyers
opportunity
make
satisfactory
examination
tobacco
consequently
many
errors
made
although
average
buyers
supposed
suffer
seriously
effect
methods
used
introduce
unusual
degree
uncertainty
prices
grower
may
receive
tobacco
particular
grade
operation
act
federal
inspectors
examine
tobacco
hour
sale
pull
samples
pile
place
tickets
indicating
grade
day
displayed
warehouse
report
indicating
average
price
government
grades
sold
previous
day
weekly
reports
issued
preceding
week
secretary
promulgated
regulations
effective
january
later
official
standard
grades
tobacco
prescribed
secretary
designated
markets
throughout
country
compulsory
inspection
grading
north
carolina
tobacco
marketed
forty
auction
markets
three
oxford
goldsboro
farmville
designated
view
lack
expertly
trained
inspectors
graders
markets
north
carolina
designated
defendants
say
markets
named
selected
previous
years
department
established
places
voluntary
inspection
tobacco
farm
products
inspection
growers
familiar
benefits
accruing
federal
action
relation
oxford
market
question
required
referendum
upwards
ballots
distributed
growers
sold
market
previous
season
ballots
returned
favor
designation
ballots
returned
per
cent
favorable
plaintiffs
contend
transaction
offering
tobacco
sale
auction
warehouse
floor
transaction
interstate
commerce
hence
subject
congressional
regulation
act
invalid
discriminatory
character
act
provides
unconstitutional
delegation
legislative
power
act
violates
due
process
clause
fifth
amendment
circuit
appeals
found
record
supports
finding
actual
controversy
plaintiffs
defendants
entitling
plaintiffs
invoke
declaratory
judgment
act
see
aetna
life
insurance
company
haworth
urge
tobacco
inherently
interstate
commodity
auction
transaction
sale
title
passed
grower
accepts
price
auction
grower
may
often
reject
bid
may
take
tobacco
away
inspection
required
act
done
prior
offering
sale
sale
delivery
purchaser
tobacco
interstate
commerce
control
reserved
state
objections
untenable
record
shows
sales
consummated
oxford
auction
market
predominantly
sales
interstate
foreign
commerce
principal
purchasers
number
main
engaged
export
trade
manufacture
tobacco
products
appears
given
week
shortly
beginning
suit
approximately
pounds
tobacco
sold
oxford
market
per
cent
definitely
destined
manufacture
north
carolina
per
cent
part
manufacture
north
carolina
part
per
cent
moved
directly
foreign
commerce
fact
growers
bound
accept
bids
certain
instances
reject
remove
auction
immediate
relation
sales
consummated
upon
offers
growers
accept
auction
cases
manifestly
part
transaction
sale
far
sales
shipment
foreign
countries
idle
contend
sales
interstate
foreign
commerce
subject
congressional
regulation
goods
purchased
one
state
transportation
another
commerce
includes
purchase
quite
much
transportation
swift
milling
bondurant
lemke
farmers
grain
stafford
wallace
flanagan
federal
coal
shafer
farmers
grain
packing
haydel
permissible
constitutional
theory
apply
principle
purchases
livestock
swift
stafford
cases
grain
lemke
shafer
cases
deny
application
tobacco
lemke
case
supra
pages
page
condemning
effort
state
control
buying
grain
shipment
referred
power
congress
provide
regulation
transactions
saying
alleged
legislation
interest
grain
growers
essential
protect
fraudulent
purchases
secure
payment
fair
prices
grain
actually
sold
may
true
congress
amply
authorized
pass
measures
protect
interstate
commerce
legislation
character
needed
shafer
case
supra
pages
page
said
right
buy
grain
shipment
ship
interstate
commerce
privilege
derived
state
laws
may
fetter
conditions
common
right
regulation
committed
congress
denied
commerce
clause
constitution
fact
intrastate
interstate
transactions
commingled
tobacco
market
frustrate
restrict
congressional
power
protect
control
committed
care
said
shreveport
case
respect
intrastate
rates
interstate
interstate
intrastate
transactions
carriers
related
government
one
involves
control
congress
state
entitled
prescribe
final
dominant
rule
otherwise
congress
denied
exercise
constitutional
authority
statem
nation
within
national
field
see
also
minnesota
rate
cases
ann
wisconsin
railroad
commission
chicago
stafford
wallace
supra
page
page
transactions
tobacco
market
conducted
indiscriminately
virtually
time
manner
made
necessary
congressional
rule
applied
make
govern
tobacco
thus
offered
sale
authority
regulate
sales
tobacco
market
congress
prescribe
conditions
sales
made
order
give
protection
sellers
purchasers
congress
denied
exercise
constitutional
ity
prescribing
regulations
merely
may
quality
police
regulations
principle
misbranding
food
drugs
embraces
false
misleading
statements
ingredients
commodities
effects
use
see
seven
cases
inspection
establishment
standards
commodities
regarded
colonial
days
appropriate
regulation
trade
authority
enact
inspection
laws
recognized
constitution
art
sec
cl
see
turner
maryland
pacific
company
white
inspection
laws
state
relating
exports
articles
purchased
shipment
subject
paramount
regulatory
power
congress
turner
maryland
supra
pages
page
congress
long
exercised
authority
enacting
laws
inspection
establishment
standards
relation
various
commodities
involved
transactions
interstate
foreign
commerce
fact
inspection
grading
tobacco
take
place
auction
dissociate
former
latter
contrary
obvious
inspection
grading
immediate
relation
sales
interstate
foreign
commerce
congress
thus
undertakes
govern
townsend
yeomans
recently
consideration
legislation
georgia
prescribing
maximum
charges
services
tobacco
warehousemen
conducted
business
manner
similar
prevailing
north
carolina
warehousemen
strongly
insisted
engaged
interstate
foreign
commerce
tobacco
sold
floors
destined
interstate
foreign
shipment
hence
state
without
power
fix
fees
invoked
federal
act
support
contention
found
nothing
federal
act
undertook
regulate
charges
warehousemen
hence
concluded
congress
restricted
requirements
left
state
free
deal
matters
covered
federal
legislation
inconsistent
therewith
authority
congress
enact
tobacco
inspection
act
questioned
complain
act
discriminatory
say
warehousemen
tobacco
markets
north
carolina
sort
business
competing
patronage
among
growers
liberty
conduct
sales
warehouses
without
inspection
certification
reason
selection
shown
lack
sufficient
number
expert
inspectors
made
impracticable
supply
inspection
grading
tobacco
auction
markets
practical
difficulty
mind
congress
directed
reason
others
secretary
unable
provide
inspection
certification
markets
within
type
area
first
designate
greatest
number
growers
may
served
facilities
available
sec
doubt
selection
within
congressional
power
repeatedly
said
power
given
congress
regulate
interstate
foreign
commerce
may
exercised
utmost
extent
acknowledges
limitations
prescribed
constitution
gibbons
ogden
wheat
hold
congress
establishing
regulation
restricted
making
uniform
rules
impose
limitation
constitution
prescribe
requirement
uniformity
connection
commerce
power
art
sec
cl
respect
power
lay
duties
imposts
excises
art
sec
cl
clark
distilling
western
maryland
undoubtedly
exercise
commerce
power
subject
fifth
amendment
monongahela
navigation
cress
louisville
joint
stock
land
bank
radford
amendment
unlike
fourteenth
equal
protection
clause
labelle
iron
works
steward
machine
davis
assumed
might
discrimination
injurious
character
bring
operation
due
process
clause
fifth
amendment
different
matter
contention
mere
lack
uniformity
exercise
commerce
power
renders
action
congress
invalid
contention
find
warrant
essence
plenary
power
conferred
congress
may
exercise
discretion
use
power
congress
may
choose
commodities
places
regulation
shall
apply
congress
may
consider
weigh
relative
situations
needs
congress
restricted
technical
requirement
may
make
limited
applications
resort
tests
may
benefit
experience
deciding
upon
continuance
extension
policy
constitution
free
adopt
choices
question
one
wisdom
power
argument
unconstitutional
delegation
legislative
power
equally
untenable
case
congress
attempted
abdicate
transfer
others
essential
legislative
functions
vested
constitution
art
sec
sec
cl
see
panama
refining
ryan
schechter
corporation
always
recognized
legislation
must
often
adapted
conditions
involving
details
impracticable
legislature
deal
directly
said
constitution
never
regarded
denying
congress
necessary
resources
flexibility
practicality
enable
perform
function
laying
policies
establishing
standards
leaving
selected
instrumentalities
making
subordinate
rules
within
prescribed
limits
determination
facts
policy
declared
legislature
apply
without
capacity
give
authorizations
sort
anomaly
legislative
power
many
circumstances
calling
exertion
futility
panama
refining
ryan
supra
cases
general
provision
may
made
power
given
act
general
provisions
fill
details
wayman
southard
wheat
think
tobacco
inspection
act
belongs
class
far
growers
tobacco
concerned
required
referendum
involve
delegation
legislative
authority
congress
merely
placed
restriction
upon
regulation
withholding
operation
given
market
growers
voting
favor
similar
conditions
frequently
found
police
regulations
cusack
company
city
chicago
case
group
producers
may
make
law
force
upon
minority
see
carter
carter
coal
prohibition
inoffensive
legitimate
use
property
imposed
legislature
property
owners
see
washington
ex
rel
seattle
trust
roberge
congress
exercises
legislative
authority
making
regulation
prescribing
conditions
application
required
favorable
vote
upon
referendum
one
conditions
distinction
pointed
hampton
sustaining
tariff
provision
act
september
authority
conferred
upon
president
said
may
feel
unable
conveniently
determine
exactly
exercise
legislative
power
become
effective
dependent
future
conditions
may
leave
determination
time
decision
executive
often
happens
matters
state
legislation
may
left
popular
vote
residents
district
affected
legislation
sense
one
may
say
residents
exercising
legislative
power
exact
statement
power
already
exercised
legislatively
body
vested
power
constitution
condition
legislation
going
effect
made
dependent
legislature
expression
voters
certain
district
unconstitutional
delegation
secretary
agriculture
congress
set
forth
policy
establishment
standards
tobacco
according
type
grade
size
condition
determinable
characteristics
secs
provision
secretary
shall
make
necessary
investigations
end
fix
standards
according
kind
quality
plainly
appropriate
conforms
familiar
legislative
practice
shown
various
statutes
already
mentioned
different
principle
authority
conferred
upon
secretary
treasury
establish
standards
purity
quality
fitness
consumption
kinds
teas
imported
buttfield
stranahan
conferred
upon
interstate
commerce
commission
fix
standards
safety
devices
equipment
louis
iron
mountain
taylor
napier
atlantic
coast
line
conferred
upon
secretary
war
determine
whether
bridges
structures
constitute
unreasonable
obstructions
navigation
specify
prescribe
structural
changes
required
union
bridge
secretary
agriculture
authorized
designate
markets
tobacco
bought
sold
thereon
auction
moves
commerce
sec
calls
ascertainment
fact
intention
congress
clear
markets
thus
ascertained
shall
designated
subject
prescribed
conditions
rapidly
facilities
inspection
available
find
unfettered
discretion
lodged
administrative
officer
requirement
referendum
already
noted
calls
expression
wishes
growers
secretary
acts
merely
administrative
agent
conducting
referendum
provision
suspension
designated
market
competent
inspectors
available
quantity
tobacco
enough
justify
cost
service
sets
forth
definite
well
reasonable
criteria
statute
also
lays
practical
rule
guidance
secretary
selection
markets
event
lack
inspectors
reasons
secretary
unable
furnish
inspection
certification
auction
markets
within
type
area
case
first
designate
auction
markets
greatest
number
growers
may
served
facilities
available
statute
thus
defines
policy
congress
establishes
standards
within
framework
administrative
agent
supply
details
provisions
act
well
within
principle
permissible
delegation
applied
relation
administration
forest
reserve
grimaud
allocation
licenses
wave
lengths
etc
federal
radio
commission
nelson
exercise
powers
conferred
upon
interstate
commerce
commission
new
york
central
securities
corporation
appear
use
authority
instant
case
secretary
acted
arbitrary
capricious
manner
adequate
corps
experts
supply
north
carolina
markets
selected
voluntary
inspection
prior
act
said
unreasonable
course
plaintiffs
invoke
due
process
clause
fifth
amendment
plaintiffs
warehousemen
auctioneers
acting
agents
growers
tobacco
pay
commissions
plaintiffs
thus
position
contesting
regulation
benefit
principals
alleged
interference
business
act
affect
rate
charges
deprive
erty
growers
sure
may
take
tobacco
please
even
assumed
contention
markets
subject
inspection
provision
lose
patronage
afford
ground
resisting
sort
regulation
otherwise
valid
claim
instance
rests
conjecture
proof
agree
circuit
appeals
asserted
difference
prices
obtainable
inspected
markets
compared
inspected
evidence
little
probative
value
loss
business
growers
desire
inspection
seem
record
counterbalanced
gain
business
desire
page
decree
circuit
appeals
affirmed
affirmed
justice
mcreynolds
justice
butler
dissent
footnotes
declaratory
judgment
act
stat
stat
iii
see
section
report
committee
agriculture
june
accompany
methods
similar
followed
georgia
described
townsend
yeomans
referendum
also
smithfield
resulted
unfavorably
see
cotton
standards
act
food
drugs
act
warehouse
act
certification
condition
agricultural
products
shipped
interstate
commerce
farm
products
inspection
act
perishable
agricultural
commodities
act
stat
see
note
farm
products
inspection
act