Page:Missouri Pacific Railroad Co. v. Porter (168 Ark. 22).pdf/2

ARK.]
 * 1) COMMERCE—CONTROL OVER COMMERCE WITH NON-ADJACENT FOREIGN COUNTRIES.—Congress, by the Cummins Amendment to the Carmack Amendment (Comp. Stat. § 8604a) did not cover the subject of commerce with non-adjacent foreign counties, and hence a stipulation in a bill of lading covering a shipment to England, exempting the carrier from liability for loss by fire, is void under Crawford & Moses' Dig., § 843.
 * 2) COMMERCE—CONSTRUCTION OF ACT OF CONGRESS.—Crawford & Moses' Dig., § 843, prohibiting carriers from limiting their statutory and common-law liability by contract, is not, as to inland carriers, superseded by Interstate Commerce Act § 25, ¶ 4, amended by Transportation Act of 1920, § 441 (U. S. Comp. St., 1923 Supp. § 8596a.), which relates only to carriers by water.

Appeal from Pulaski Circuit Court, Third Division; Marvin Harris, Judge; affirmed.

E. B. Kinsworthy and R. E. Wiley, for appellant.

It is not denied that this shipment constituted foreign commerce The power to regulate commerce given to congress by the Constitution is exclusive, and a regulation of foreign commerce by the Congress under that power is exclusive and supersedes any State statute or rule. Cons. U.S. Art. 1, § 8. Where Congress has entered the 'field and assumed control of the subject, the the law applicable to every case within that subject is determined by Federal legislation, and the common law rules as applied in Federal tribunals, 241 U.S. 327, 60 L. Ed. 1022; 240 U.S. 612, 60 L. Ed. 827; 243 U.S. 592, 61 L. Ed. 921; 107 U.S. 102, 27 L. Ed. 325. If Congress has entered a certain field of regulation by passing legislation relative to the subject, the States are restrained from doing so, although Congress may not have covered the entire field or enacted anything inconsistent with the particular State regulation sought to be applied. 222 U.S. 370, 56 L. Ed. 237; 236 U.S. 439, 56 L. Ed. 661; 242 U.S. 255, 61 L. Ed. 276; 237 U.S. 597, 59 L. Ed. 1137, 1140; 162 Pac. 111; 212 Mo. 658; 19 L.R.A. (N.S.) 326; 236 U.S. 439, 59 L. Ed. 661, 665; 244 U.S. 147, 61 L. Ed. 1045; 222 U.S. 424, 56 L. Ed. 257; 76 So. 505; Cummins Amendment, 4 Fed. Stat. Ann. (2nd Ed.) 506, 507.