Ware & Leland v. Mobile County

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WARE & LELAND, a Copartnership, and J. H. Ware, E. F. Leland, Charles W. Lee, and F. J. Fahey v. Mobile County and the State of Alabama

Supreme Court of the United States

Argued March 10, 1908
Decided April 8, 1908

Full case name:	Ware & Leland v. Mobile County

Citations:	209 U.S. 45; 28 Sup. Ct. 526, 14 Ann. Cas. 1031

Prior history:	Judgment for defendants,

Holding

Contracts for the sales of cotton for future delivery which do not oblige interstate shipments are not subjects of interstate commerce, and that a state tax on persons engaged in buying and selling cotton for future delivery was held not to be a regulation of interstate commerce or beyond the power of the state.

Court membership

Case opinions

Majority by: Day

Laws applied

US Constitution Article I, Sec. 8.

In Ware & Leland v. Mobile County, 209 U.S. 405 , 28 Sup. Ct. 526, 14 Ann. Cas. 1031, (1908), the United States Supreme Court held that contracts for the sales of cotton for future delivery that do not oblige interstate shipments are not subjects of interstate commerce. The Court also held that a state tax on persons engaged in buying and selling cotton for future delivery was not a regulation of interstate commerce, and that the imposition of the tax was not beyond the power of the state.