CONSTITUTIONAL LAW-COMMERCE CLAUSE-VALIDITY OF NEW YORK MILK LICENSING LAW

A New York statute required the licensing of all milk dealers in the state, and authorized the refusal of such a license upon a finding by the commissioner of agriculture that its issuance would "tend to a destructive competition in a market already adequately served." Petitioner, an out-of-state corporation, sought a license for an additional plant for the processing of milk to be purchased locally and to be distributed out of state, but was denied a license on the ground stated in the statute as quoted above. Denial of the license was sustained by the New York Court of Appeals. On appeal to the United States Supreme Court, held, reversed.

H. P. Hood & Sons, Inc. v. Du Mond, (U.S. 1949) 69 S. Ct.

657.