Page:Federal Reporter, 1st Series, Volume 2.djvu/637

 630 FEDEEAL EEPOETEB. �labor of a country; to fit thein for exportation; or it may be for domestic use. They act uporl the subjeet belore it be- comes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose. They form a portion of that immense mass of legislation which embraces everything within the territory of a state not surrendered to a general government, ail of which can be most advauta- geously exercised by the states themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internai commerce of a state, and those which respect turnpike roads, ferries, etc., are compo- nent parts of this mass." �If, then, as claimed, the transportation of the remaius of deceased persons to China is a part of foreign commerce, these supervising and inspection laws "act upon the subjeet before it becomes an article of foreign commerce," and while the remains are being "prepared for that purpose." They simply provide that the preparations of the remains for for- eign transportation, while still within the state and under its jurisdiction, shall be made in auch a manner as not to be detrimental to the public health, �The principles relating to sanitary laws recognized in City of New York v. MUn, 11 Pet. 102; Thorpe v. B. d B. B. Co. 27 Vt. 140; The Passer^ger Cases, 7 How. 283; Railroad Ce. V. Huson, 95 U. S. 471, and numerous other cases, are broad enough to cover the provisions in question. In these respects this case differa materially from the Queue Case, reported in 6 Sawyer, 553, and is more like the case arising under the cubic air statute, which we held to be constiu- tional. It being within the constitutional power to regulate the disinterment and removal of the dead, and to provido officers to scrutinize and supervise the operation in order to secure a conformity to the laws, we see no reason why a fee cannot be charged to and collected from those who desire to exercise the privilege, to defray the expanses of the inspec- tion and siipervision. The fee is charged under the law, not for the transportation or for the privilege of carrying the remains out of the country, but to pay the expenses of super- ����