Plaintiffs, residents of Georgia, sued to enjoin the enforcement of a South Carolina statute imposing on shrimp boats a license fee one-hundred times greater for nonresident owners than for resident owners, and requiring all shrimp to be unloaded, packed, and stamped in South Carolina before shipments into other states. The suit was based on the alleged contravention of the privileges and immunities and commerce clauses of the Constitution of the United States. Plaintiff's petition was dismissed by the trial court. On appeal, held, reversed. The disparity in resident and nonresident license fees constituted discrimination against nonresidents in violation of interstate privileges and immunities; to require that all shrimp be unloaded, packed, and stamped in South Carolina burdened interstate commerce in a manner forbidden to the states. Toomer v. Witsell, 334 U.S. 385, 68 S.Ct. 1156 (1948).
Charles D. Bell,
CONSTITUTIONAL LAW - PRIVILEGES AND IMMUNITIES - COMMERCE CLAUSE-PROPRIETARY INTEREST OF STATE IN ITS NATURAL RESOURCES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss1/14