exports.[1759]

Inspection Laws

Inspection laws "are confined to such particulars as, in the estimation
of the legislature and according to the customs of trade, are deemed
necessary to fit the inspected article for the market, by giving the
purchaser public assurance that the article is in that condition, and of
that quality, which makes it merchantable and fit for use or
consumption."[1760] In Turner _v._ Maryland[1761] the Supreme Court
listed as recognized elements of inspection laws, the "quality of the
article, form, capacity, dimensions, and weight of package, mode of
putting up, and marking and branding of various kinds, * * *" .[1762] It
sustained as an inspection law a charge for storage and inspection
imposed upon every hogshead of tobacco grown in the State and intended
for export, which the law required to be brought to a State warehouse
to be inspected and branded. The Court has cited this section as a
recognition of a general right of the States to pass inspection laws,
and to bring, within their reach articles of interstate, as well as of
foreign, commerce.[1763] But on the ground that, "it has never been
regarded as within the legitimate scope of inspection laws to forbid
trade in respect to any known article of commerce, irrespective of its
condition and quality, merely on account of its intrinsic nature and the
injurious consequences of its use or abuse," it held that a State law
forbidding the importation of intoxicating liquors into the State could
not be sustained as an inspection law.[1764] Since the adoption of the
Twenty-first Amendment, such State legislation is valid whether
classified as an inspection law or not.

Clause 3. No State shall, without the Consent of Congress, lay any Duty
of Tonnage, keep Troops, or Ships of War in time of Peace, enter into
any Agreement or Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such imminent Danger as
will not admit of delay.

TONNAGE DUTIES

The prohibition against tonnage duties embraces all taxes and duties,
regardless of their name or form, whether measured by the tonnage of the
vessel or not, which are in effect charges for the privilege of
entering, trading in, or lying in a port.[1765] But it does not extend
to charges made by State authority, even if graduated according to
tonnage,[1766] for services rendered to the vessel, such as pilotage,
towage, charges for loading and unload