huron
cement
detroit
argued
february
decided
april
criminal
provisions
smoke
abatement
code
city
detroit
constitutional
applied
prosecution
emission
dense
black
smoke
appellant
ships
docked
port
detroit
even
though
ships
operate
interstate
commerce
inspected
approved
licensed
federal
government
purpose
accordance
comprehensive
system
regulation
enacted
congress
pp
federal
inspection
laws
designed
afford
protection
perils
maritime
navigation
preempt
field
prevent
local
regulation
protect
health
enhance
cleanliness
local
community
local
regulation
involved
unconstitutionally
burden
federal
licenses
issued
vessels
pp
criminal
provisions
smoke
abatement
code
applied
appellant
ships
impose
undue
burden
interstate
commerce
alfred
lindbloom
argued
cause
appellant
brief
charles
wright
laurence
masselink
john
hathaway
argued
cause
appellees
brief
nathaniel
goldstick
john
roger
justice
stewart
delivered
opinion
appeal
judgment
michigan
draws
question
constitutional
validity
certain
provisions
detroit
smoke
abatement
code
applied
ships
owned
appellant
operated
interstate
commerce
appellant
michigan
corporation
engaged
manufacture
sale
cement
maintains
fleet
five
vessels
uses
transport
cement
mill
alpena
michigan
distributing
plants
located
various
bordering
great
lakes
two
ships
crapo
boardman
equipped
scotch
marine
boilers
vessels
docked
loading
unloading
necessary
order
operate
deck
machinery
keep
boilers
fired
clean
fires
periodically
fires
cleaned
ship
boiler
stacks
emit
smoke
density
duration
exceeds
maximum
standards
allowable
detroit
smoke
abatement
code
structural
alterations
required
order
insure
compliance
code
criminal
proceedings
instituted
detroit
recorder
appellant
agents
violations
city
law
periods
vessels
docked
port
detroit
appellant
brought
action
state
circuit
enjoin
city
prosecuting
pending
litigation
recorder
otherwise
enforcing
smoke
ordinance
vessels
except
emission
smoke
caused
improper
firing
improper
use
equipment
upon
said
vessels
circuit
refused
grant
relief
michigan
affirmed
appeal
lodged
noted
probable
jurisdiction
support
claim
ordinance
constitutionally
applied
appellant
ships
two
basic
arguments
advanced
first
asserted
since
vessels
equipment
including
boilers
inspected
approved
licensed
operate
interstate
commerce
accordance
comprehensive
system
regulation
enacted
congress
city
detroit
may
legislate
way
effect
impose
additional
inconsistent
standards
secondly
argument
made
even
congress
expressly
field
municipal
ordinance
materially
affects
interstate
commerce
matters
uniformity
necessary
concluded
neither
contentions
prevail
federal
constitution
prohibit
application
appellant
vessels
criminal
provisions
detroit
ordinance
ordinance
enacted
manifest
purpose
promoting
health
welfare
city
inhabitants
legislation
designed
free
pollution
air
people
breathe
clearly
falls
within
exercise
even
traditional
concept
compendiously
known
police
power
exercise
power
instrumentalities
may
act
many
areas
interstate
commerce
maritime
activities
concurrently
federal
government
gibbons
ogden
wheat
cooley
board
wardens
port
philadelphia
steamboat
new
york
rea
morgan
louisiana
minnesota
rate
cases
wilmington
transp
california
railroad
vandalia
public
service
stewart
rivara
welch
new
hampshire
basic
limitations
upon
local
legislative
power
area
clear
enough
controlling
principles
reiterated
years
host
decisions
evenhanded
local
regulation
effectuate
legitimate
local
public
interest
valid
unless
preempted
federal
action
erie
new
york
washington
napier
atlantic
coast
line
missouri
pacific
porter
service
transfer
virginia
unduly
burdensome
maritime
activities
interstate
commerce
minnesota
barber
morgan
virginia
bibb
navajo
freight
lines
determining
whether
state
regulation
preempted
federal
action
intent
supersede
exercise
state
police
power
matters
covered
federal
legislation
inferred
mere
fact
congress
seen
fit
circumscribe
regulation
occupy
limited
field
words
intent
implied
unless
act
congress
fairly
interpreted
actual
conflict
law
state
savage
jones
see
also
reid
colorado
asbell
kansas
welch
new
hampshire
maurer
hamilton
determining
whether
state
imposed
undue
burden
interstate
commerce
must
borne
mind
constitution
conferring
upon
congress
regulation
commerce
never
intended
cut
legislating
subjects
relating
health
life
safety
citizens
though
legislation
might
indirectly
affect
commerce
country
legislation
great
variety
ways
may
affect
commerce
persons
engaged
without
constituting
regulation
within
meaning
constitution
sherlock
alling
austin
tennessee
louisville
nashville
kentucky
minnesota
rate
cases
boston
maine
armburg
collins
american
buslines
state
may
impose
burden
materially
affects
interstate
commerce
area
uniformity
regulation
necessary
hall
decuir
southern
pacific
arizona
bibb
navajo
freight
lines
although
verbal
generalizations
motion
decide
concrete
cases
nevertheless
within
framework
basic
principles
issues
present
case
must
determined
many
years
congress
maintained
extensive
comprehensive
set
controls
ships
shipping
federal
inspection
steam
vessels
first
required
stat
requirement
continued
ever
since
stat
stat
stat
stat
stat
stat
stat
stat
stat
stat
steam
vessels
carry
passengers
must
pass
inspection
annually
every
two
years
failure
meet
standards
invoked
law
results
revocation
inspection
certificate
refusal
issue
new
one
unlawful
vessel
operate
without
certificate
inspections
broad
nature
covering
boilers
unfired
pressure
vessels
appurtenances
thereof
also
propelling
auxiliary
machinery
electrical
apparatus
equipment
vessels
subject
inspection
law
provides
boiler
shall
allowed
used
constructed
whole
part
defective
material
form
design
workmanship
age
use
reason
unsafe
apparent
face
legislation
however
purpose
federal
inspection
statutes
insure
seagoing
safety
vessels
subject
inspection
thus
makes
clear
inspection
boilers
related
equipment
purpose
seeing
equipment
may
safely
employed
service
proposed
safety
passengers
crew
criterion
thrust
federal
inspection
laws
clearly
limited
affording
protection
perils
maritime
navigation
cf
ace
waterways
fleming
supp
see
also
steamship
joliffe
wall
contrast
sole
aim
detroit
ordinance
elimination
air
pollution
protect
health
enhance
cleanliness
local
community
congress
recently
recognized
importance
legitimacy
purpose
provided
recognition
dangers
public
health
welfare
injury
agricultural
crops
livestock
damage
deterioration
property
hazards
air
ground
transportation
air
pollution
hereby
declared
policy
congress
preserve
protect
primary
responsibilities
rights
local
governments
controlling
air
pollution
support
aid
technical
research
devise
develop
methods
abating
pollution
provide
federal
technical
services
financial
aid
state
local
government
air
pollution
control
agencies
public
private
agencies
institutions
formulation
execution
air
pollution
abatement
research
programs
stat
committee
recognizes
primary
responsibility
state
local
governments
prevent
air
pollution
bill
propose
exercise
police
power
federal
government
provision
invades
sovereignty
counties
cities
sess
additional
argument
advanced
however
based
upon
mere
existence
federal
inspection
standards
upon
fact
appellant
vessels
actually
licensed
enrolled
national
government
asserted
vessels
thus
given
dominant
federal
right
use
navigable
waters
free
local
impediment
imposed
detroit
ordinance
scope
privilege
granted
federal
licensing
scheme
well
delineated
state
may
exclude
waters
ship
operating
federal
license
gibbons
ogden
wheat
state
may
require
local
occupation
license
addition
federally
granted
condition
precedent
use
waters
moran
new
orleans
enrolled
licensed
vessel
may
required
share
costs
benefits
enjoys
huse
glover
pay
fair
taxes
imposed
domicile
transportation
wheeling
subjected
local
license
imposts
exacted
use
navigable
waterway
harman
chicago
see
also
sinnot
davenport
mere
possession
federal
license
however
immunize
ship
operation
normal
incidents
local
police
power
constituting
direct
regulation
commerce
thus
federally
licensed
vessel
exempt
local
pilotage
laws
cooley
board
wardens
port
philadelphia
local
quarantine
laws
morgan
steamship
louisiana
board
health
local
safety
inspections
kelly
washington
local
regulation
wharves
docks
packet
catlettsburg
indeed
gone
far
hold
state
exercise
police
power
may
actually
seize
pronounce
forfeiture
vessel
licensed
coasting
trade
laws
engaged
trade
smith
maryland
present
case
obviously
even
approach
extreme
detroit
ordinance
requires
compliance
orderly
reasonable
scheme
community
regulation
ordinance
exclude
licensed
vessel
port
detroit
destroy
right
free
passage
hold
local
regulation
burdens
federal
license
constitutionally
invalid
ii
claim
detroit
ordinance
quite
apart
effect
federal
legislation
imposes
appellant
ships
undue
burden
interstate
commerce
needs
extended
discussion
state
regulation
based
police
power
discriminate
interstate
commerce
operate
disrupt
required
uniformity
may
constitutionally
stand
hennington
georgia
lake
shore
south
ohio
pennsylvania
gas
public
service
milk
board
eisenberg
excursion
michigan
suggested
local
ordinance
applicable
alike
person
firm
corporation
within
city
discriminates
interstate
commerce
regulation
general
application
designed
better
health
welfare
community
appellant
argues
local
governments
might
impose
differing
requirements
air
pollution
pointed
none
record
contains
nothing
suggest
existence
competing
conflicting
local
regulations
cf
bibb
navajo
freight
lines
conclude
impermissible
burden
commerce
shown
judgment
affirmed
footnotes
compare
napier
atlantic
coast
line
concluded
locomotive
boiler
inspection
act
intended
occupy
field
justice
douglas
justice
frankfurter
concurs
dissenting
treats
controversy
merely
inspection
case
city
detroit
supplementing
federal
inspection
system
state
washington
kelly
washington
state
inspection
system
touched
matters
federal
laws
regulations
left
untouched
type
case
rare
case
state
law
adopts
standards
requirements
federal
law
allowed
exact
permit
addition
one
demanded
federal
law
california
zook
criminal
prosecution
shipowner
officers
two
vessels
using
equipment
vessels
federal
government
says
may
used
stake
possible
fine
owner
fine
jail
sentence
officers
appellant
federal
certificate
vessels
john
boardman
crapo
others
one
issued
march
coast
guard
crapo
typical
certificate
said
vessel
permitted
navigated
one
year
great
lakes
certificate
specifies
boilers
may
used
main
boilers
number
year
built
mfr
manitowoc
boiler
wks
also
specifies
fuel
used
used
boilers
fuel
coal
appellant
operating
vessel
waters
detroit
dock
fined
criminally
using
precise
equipment
covered
federal
certificate
said
use
equipment
violate
smoke
ordinance
city
detroit
federal
statutes
give
coast
guard
power
inspect
boilers
freight
vessels
every
two
years
provide
coast
guard
approves
vessel
equipment
throughout
certificate
effect
shall
made
requirements
detroit
smoke
ordinance
squarely
conflict
federal
statute
section
ordinance
prohibits
emission
kind
smoke
times
prevented
vessels
equipped
scotch
marine
boilers
appellant
vessels
use
section
ordinance
makes
unlawful
use
furnace
combustion
equipment
device
city
without
certificate
operation
issues
inspection
section
provides
annual
inspection
every
furnace
combustion
equipment
used
within
city
section
provides
owner
previously
notified
three
violations
ordinance
within
consecutive
period
shall
notified
show
cause
commissioner
equipment
sealed
hearing
commissioner
finds
adequate
corrective
means
employed
remedy
situation
equipment
shall
sealed
section
provides
fine
imprisonment
days
upon
conviction
violation
provision
ordinance
day
violation
permitted
exist
constitutes
separate
offense
thus
plain
ordinance
requires
inspection
approval
equipment
inspected
approved
coast
guard
also
sealing
equipment
even
though
approved
coast
guard
detroit
ordinance
certificate
operation
issue
scotch
marine
boiler
even
though
approved
coast
guard
words
equipment
approved
licensed
federal
government
use
navigable
waters
pass
muster
local
law
local
law
required
federally
licensed
vessels
observe
local
speed
laws
obey
local
traffic
regulations
dock
certain
times
prescribed
conditions
local
laws
war
federal
license
complementary
kelly
washington
supra
marked
precisely
distinction
allowed
state
inspection
hull
machinery
tugs
required
federal
statutes
noted
state
rules
changed
federal
standards
structure
equipment
vessels
meet
different
fate
state
law
comprehensive
code
excepts
vessels
subject
inspection
laws
provisions
may
deemed
fall
within
class
regulations
congress
alone
provide
example
congress
may
establish
standards
designs
structure
equipment
vessels
may
prescribe
rules
operation
properly
left
diverse
action
state
washington
might
prescribe
standards
designs
equipment
rules
one
sort
oregon
another
california
another
follow
respects
state
act
must
fail
federal
state
statutes
directed
subject
equipment
locomotives
operate
upon
object
suggested
power
delegated
commission
exerted
respect
minor
changes
additions
true
legal
significance
also
urged
even
commission
power
prescribe
automatic
firebox
door
cab
curtain
done
made
requirement
inconsistent
state
legislation
also
true
without
legal
significance
fact
commission
seen
fit
exercise
authority
full
extent
conferred
bearing
upon
construction
act
delegating
power
hold
state
legislation
precluded
boiler
inspection
act
construe
intended
occupy
field
seen
detroit
ordinance
contains
provisions
making
unlawful
operate
appellant
equipment
without
certificate
city
providing
sealing
equipment
case
three
violations
within
period
says
sanctions
presently
issue
reserves
decision
validity
concerns
enforcement
criminal
provisions
ordinance
yet
authority
local
government
fine
people
send
jail
using
interstate
commerce
precise
equipment
federal
regulatory
agency
certified
approved
burden
criminal
sanctions
owners
officers
particularly
involves
risk
imprisonment
may
indeed
far
serious
mere
sealing
equipment
yet
whether
fine
imprisonment
considered
effect
federal
certificate
crippling
however
issue
present
case
stated
comes
making
criminal
port
detroit
use
certificate
issued
paramount
federal
law
mintz
baldwin
upheld
requirement
state
inspection
certificate
federal
certificate
might
issued
cf
california
thompson
never
believe
recognized
right
local
law
make
use
unquestionably
legal
federal
license
criminal
offense
today
disregard
doctrine
long
accepted
succinctly
stated
term
pennsylvania
wheeling
belmont
bridge
state
law
hinder
obstruct
free
use
license
granted
act
congress
confusion
burden
arising
imposition
one
state
requirements
equipment
federal
government
approved
emphasized
kelly
washington
supra
passage
already
quoted
requirements
detroit
may
lax
another
port
cf
people
cunard
white
star
variety
requirements
equipment
may
provide
order
meet
air
pollution
needs
underlines
importance
letting
coast
guard
license
serve
authority
vessel
use
ports
equipment
certifies
provides
part
inspection
steam
vessel
completed
secretary
department
coast
guard
operating
approves
vessel
equipment
throughout
shall
make
subscribe
certificate
effect
trial
opinion
said
agreed
impossible
prevent
emission
kind
smoke
prohibited
smoke
ordinance
vessel
equipped
scotch
marine
boilers
boardman
two
boilers
two
doors
one
steam
air
jet
door
crapo
three
boilers
two
doors
one
steam
air
jet
door
steam
jets
installed
suggestion
benjamin
linsky
former
chief
bureau
smoke
abatement
city
testimony
showed
also
plaintiff
used
chemical
attempt
reduce
smoke
plaintiff
urges
done
everything
possibly
equipment
prevent
emission
smoke
shown
trial
fleet
subject
periodic
inspection
coast
guard
issues
search
sic
inspection
crapo
docked
detroit
times
average
docking
time
hours
boardman
docked
detroit
times
year
average
stay
hours
vessels
constantly
engaged
interstate
foreign
commerce
period
smith
maryland
contrary
vessel
enrolled
laws
allowed
forfeited
maryland
dredging
oysters
violation
maryland
law
enrollment
vessels
serves
limited
purpose
smith
maryland
supra
explained
stewart
rivara
said
purpose
enrollment
vessels
give
privileges
american
vessels
well
protection
flag
enrollment
without
give
enrolled
vessel
license
disregard
variety
pilotage
health
local
laws
opinion
famous
case
cooley
board
port
wardens
written
justice
curtis
also
wrote
smith
maryland
left
obeyed
vessels
local
regulations
approved
cooley
case
never
qualified
license
ply
vessel
penalized
movement
navigable
waters
federal
license
instant
case
however
specifically
describes
equipment
fuel
vessels
allowed
use
detroit
permitted
make
use
criminal