uted of the welfare of all the
States and that of each State is made greater by a division of its
resources, * * *, with every other State, and those of every other State
with it. This was the purpose, as it is the result, of the interstate
commerce clause of the Constitution of the United States."[960] In
Pennsylvania _v._ West Virginia[961] the same doctrine was enforced in
disallowance of a West Virginia statute whereby that State sought to
require that a preference be accorded local consumers of gas produced
within the State. West Virginia's argument that the supply of gas within
the State was waning and no longer sufficed for both the local and the
interstate markets, and that therefore the statute was a legitimate
measure of conservation in the interest of the people of the State, was
answered in the words just quoted.
In the above cases the State prohibition overturned was directed
specifically to shipments beyond the State. In two other cases the State
enactments involved reached all commerce, both domestic and interstate
without discrimination. In the first of these, Sligh _v._ Kirkwood,[962]
the Court upheld the application to oranges which were intended for the
interstate market of a Florida statute prohibiting the sale, shipment,
or delivery for shipment of any citrus fruits which were immature or
otherwise unfit for consumption. The burden thus imposed upon interstate
commerce was held by the Court to be incidental merely to the effective
enforcement of a measure intended to safeguard the health of the people
of Florida. Moreover, said the Court, "we may take judicial notice of
the fact that the raising of citrus fruits is one of the great
industries of the State of Florida. It was competent for the
legislature to find that it was essential for the success of that
industry that its reputation be preserved in other States wherein such
fruits find their most extensive market."[963] In Lemke _v._ Farmers
Grain Co.,[964] on the other hand, a North Dakota statute which confined
the purchase of grain within that State to those holding licenses from
the State and which regulated prices, was pronounced void under the
commerce clause. To the argument that such legislation was "in the
interest of the grain growers and essential to protect them from
fraudulent purchases, and to secure payment to them of fair prices for
the grain actually sold," the Court answered that, "Congress is amply
authorized to pass measures t
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