Ware & Leland v. Mobile County

Ware & Leland v. Mobile County, 209 U.S. 405 (1908), is a case in which 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.[1] 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.[2]

Ware & Leland v. Mobile County
Argued March 10, 1908
Decided April 8, 1908
Full case nameWare & 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
Citations209 U.S. 405 (more)
28 S. Ct. 526; 52 L. Ed. 855; 14 Ann. Cas. 1031
Case history
PriorJudgment 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
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · David J. Brewer
Edward D. White · Rufus W. Peckham
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · William H. Moody
Case opinion
MajorityDay, joined by unanimous
Laws applied
US Constitution Article I, Sec. 8.

See also

References
  1. Ware & Leland v. Mobile County, 209 U.S. 405, 412-13 (1908).
  2. Ware & Leland, 209 U.S. at 412.



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