e State of
railroad lines in another, relieve such corporation from being
incorporated under the laws of the latter State.[1026]

FEDERAL VERSUS STATE LABOR LAWS

One group of cases, which has caused the Court some difficulty and its
attitude in which has perhaps shifted in some measure, deals with the
question of the effect of the Wagner, and, latterly, of the Taft-Hartley
Act on State power to govern labor union activities. In a case decided
in 1945[1027] it was held that a Florida statute which required business
agents of a union operating in the State to file annual reports and pay
an annual fee of one dollar conflicted with the Wagner Act,[1028]
standing, as the Court put it, "'as an obstacle to the accomplishment
and execution of the full purposes and objectives of Congress.'"[1029]
In two cases decided in 1949, however, State legislation regulative of
labor relations was sustained. In one a "cease and desist" order of the
Wisconsin Employment Relations Board[1030] implementing the State
Employment Peace Act, which made it an unfair labor practice for an
employee to interfere with production except by leaving the premises in
an orderly manner for the purpose of going on strike, was found not to
conflict with either the Wagner or the Taft-Hartley Act,[1031] both of
which, the Court asserted, designedly left open an area for State
control. In the other,[1032] the Wisconsin board, acting under the same
statute, was held to be within its powers in labelling as "an unfair
labor practice" the discharge by an employer of an employee under a
maintenance of membership clause which had been inserted in the contract
of employment in 1943 under pressure from the National War Labor Board,
but which was contrary to provisions of the Wisconsin Act. On the other
hand, in 1950, the Court invalidated a Michigan mediation statute, and
in 1951, a Wisconsin Public Utility Anti-Strike Act, on the ground that
these matters were governed by the policies embodied in the Wagner and
Taft-Hartley Acts.[1033]

Commerce With Indian Tribes

UNITED STATES _v._ KAGAMA

Congress is given power to regulate commerce "with the Indian tribes."
Faced in 1886 with a Congressional enactment which prescribed a system
of criminal laws for Indians living on their reservations, the Court
rejected the government's argument which sought to base the act on the
commerce clause. It sustained the act, however, on the following
grounds: "From their very