o protect interstate commerce if
legislation of that character is needed."

The differentiation of the above two cases is twofold. The statute under
review in the earlier one was of the ordinary type of inspection law and
was applied without discrimination to fruits designed for the home and
the interstate market. The North Dakota act was far more drastic,
approximating an attempt on the part of the State to license interstate
commerce. What is even more important, however, the later case
represents a new rule of law, and one which at the time the Florida act
was before the Court had not yet been heard of. This is embodied in the
head note of the case in the following words: "The business of buying
grain in North Dakota, practically all of which is intended for shipment
to, and sale at, terminal markets in other States, conformably to the
usual and general course of business in the grain trade, is interstate
commerce."[965] The application of this rule in the field of state
taxation was mentioned on a previous page.[966]

STATE CONSERVATION AND EMBARGO MEASURES: THE MILK CASES

Certain recent cases have had to deal with State regulation of the milk
business. In Nebbia _v._ New York,[967] decided in 1934, that State's
law regulating the price of milk was sustained by the Court against
objections based on the due process clause of Amendment XIV. A year
later, in Baldwin _v._ Seelig[968] the refusal of a license under the
same act to a dealer who had procured his milk at a lower minimum price
than producers were guaranteed in New York, was set aside as an
unconstitutional interference with interstate commerce. However, a
Pennsylvania statute requiring dealers to obtain licenses was sustained
as to one who procured milk from neighboring farms and shipped it all
into a neighboring State for sale.[969] The purpose of the act,
explained Justice Roberts, was to control "a domestic situation in the
interest of the welfare of the producers and consumers," and its
application to the kind of case before the Court was essential to its
effective enforcement and affected interstate commerce only
incidentally.[970] But when a distributor of milk in Massachusetts, who
already had two milk stations in Eastern New York, was refused a license
for a third on the ground, among others, that the further diversion of
milk to Massachusetts would deprive the local market of a supply needed
during the short season, a narrowly divided Court int