Territory of New Mexico Ex Rel McLean Company v. Denver Rio Grande Railroad Company’s Empirical Analysis

Citation profile

22 federal appellate · 29 district · 62 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 217 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law under consideration, designed to prevent the clandestine removal of property in which a large number of the people of the territory are interested, seems to us an obvious rightful exercise of its power. It is true it affects interstate commerce, but we do not think such was its primary purpose, and while it may have an effect to levy a tax upon this class of property, the main purpose evidently was to protect the people against fraud and wrong.” Id., 203 U.S. at 55 , 27 S.Ct. at 5 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Logan & Bryan v. Postal Telegraph & Cable Co. · 397 F. Supp. 622 - Black Hills Packing Co. v. S. D. Stockgrowers Ass'n

2. ““The purpose of these provisions is apparent, and it is to prevent the criminal or fraudulent appropriation of cattle by requiring the inspection of hides and registration by a record which preserves the name of the shipper and purchaser of the hides, as well as the brands thereon, and by which is afforded some evidence, at least, tending to identify the ownership of the cattle. It is evident that the provision as to the shipment of the hides beyond the limits of the Territory is essential to this purpose, for if the hides can be surreptitiously or criminally obtained and shipped beyond such limits, without inspection or registration, a very convenient door is open to the perpetration of fraud and the prevention of discovery. * * “We see no reason why an inspection law which has for its purpose the protection of the community against fraud and the promotion of the welfare of the people cannot be. passed in the exercise of the police power, when the legislation tends to subserve the purpose in view. In the Territory of New Mexico, and other parts of the country similarly situated, it is highly essential to protect large numbers' of people against criminal aggression upon this class of prop erty. The exercise of the police power may and Should have reference to the peculiar situation and needs of the community. The law under consideration, designed to prevent the clandestine removal of property in which a large number of the people of the Territory are interested, seems to us a”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Hines

3. ““While this is true, it is equally well settled that a state or territory for the same reasons in the exercise of the police power may make rules and regulations, not. conflicting with the legislation of Congress upon the same subject, and not amounting to regulations of interstate commerce. * * * A state or territory has the right to legislate for the safety and welfare of its people, and .Ids right is not taken from it because of the exclusive right of Congress to regulate interstate commerce, except in eases where the attempted exercise of authority by the Legislature is in conflict with an act of Congress or is an attempt to regulate interstate commerce.””

   1 later decision quote this exact passage · from the majority
   e.g. Red C. Oil Mfg. Co. v. Board of Agriculture