The Constitutional Doctrines of Justice Harlan

Cover The Constitutional Doctrines of Justice Harlan
The Constitutional Doctrines of Justice Harlan
Floyd Barzilia Clark
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An out-of-the-State concern had representatives in Shelby County, Tennessee. These representatives were simply agents, having a definite location for the exhibition of their wares and for taking orders of goods to be shipped into the State. In addition to a license fee of fifty dollars, the State, or rather the county, undertook to levy a tax of two and a half per cent on the profits made by one of these representatives. The plaintiff set up the plea that such a tax by the State amounted to a b...urden upon interstate com- I04 CONSTITUTIONAL DOCTRINES OF JUSTICE HARLAN merce. The court held that this was not such a burden, but that a State has power to tax all property having a situs within its limits whether it is employed in interstate com- merce or not.
" No doubt can be entered of the right of a state Legis- lature to tax trades, professions, and occupations, in the absence of inhibition in the state constitution in that regard, and where a resident citizen engages in general business subject to a particular tax, the fact that the business done chances to consist, for the time being, wholly or partially in negotiating sales between resident and non-resident mer- chants of goods situated in another State does not neces- sarily involve the taxation of interstate commerce, forbidden by the Constitution.


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