Page:Harvard Law Review Volume 32.djvu/82

48 48 HARVARD LAW REVIEW The Lottery Act of March 2, 1895,^^ provides: "That any person who shall cause to be . . . carried from one State to another in the United States, any paper . . . shall be punishable." The Pure Food Act provides: ^* "That the introduction into any state . . . or shipment to any foreign country of any article of food 'or drugs ... is hereby prohibited; and any person who shall ship or deliver for shipment from any State . . . to any other State ... or to a foreign country . . . shall be guilty of a misdemeanor." The White Slave Act of June 25, 1910,^^ provides in section 2: "That any person who shall knowingly transport ... in interstate or foreign commerce . . . any woman or girl . . . shall be deemed guilty of a felony." The Webb-Kenyon Act of March i, 1913,^^ provides: "That the shipment or transportation ... of any spirituous . . . liquor of any kind, from one State . . . into any other State ... in violation of any law of such State ... is hereby prohibited." The cases were not overruled. They were distinguished on the ground that in the Child Labor Case the goods shipped are of themselves harmless and no evil attends their interstate trans- portation. With reference to the cases cited, the court said: "They rest upon the character of the particular subjects dealt with and the fact that the scope of governmental authority, state or national, August 20, 1912, c. 308, 37 Stat. 315 (nursery stock); Act of March 4, 1913, c. 145, 37 Stat. 828, 832 (virus antitoxins). Similar prohibitions as to importation in foreign commerce are contained in the following statutes: Act of June 26, 184S, c. 70, 9 Stat. 237 (drugs and medicinal preparations); Act of August 30, 1890, c. 839, 26 Stat. 414, § 2 (food); Act of October i, 1890, 26 Stat. 567, c. 1244, 610, 613 (tea); Buttfield v. Stranahan, 192 U. S. 470 (1904); Act of August 27, 1894, c. 349, 28 Stat. 509, 552, § 24; repeated in subsequent Tariff Acts of July 24, 1897, 30 Stat. 151, 211, c. II, § 31; August 5, 1909, 36 Stat. 11, 87, c. 6, § 14; October 3, 1913, 38 Stat. 114, 19s, c. 16 (convict-made goods); Act of Jvme 20, 1906, c. 3442, 34 Stat. 313 (sponges); The Abby Dodge, 223 U. S. 166 (1912); Act of April 9, 1912, c. 75, § 10, 37 Stat. 81 (white phosphorus matches); Act of July 31, 1912, c. 263, 37 Stat. 240 (prize-fight films); Weber v. Freed, 239 U. S. 325 (1915)- " C. 191, 28 Stat. 963. " Act of June 30, 1906, c. 3915, 34 Stat. 768, § 2. " C. 395, 36 Stat. 825. " C. 90, 37 Stat. 699.