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A prosperous grain dealer, Sturge visited the West Indies (1836 37) to learn the effects of the statute of August 28, 1833, that abolished slavery de jure in the British colonies but substituted an easily abused "apprenticeship" system.
The sole dissenter was Justice John Paul Stevens, who said, "If conditions of confinement are such that a detainee has been punished twice in violation of the double jeopardy clause, it is irrelevant that the scheme has been previously labeled as civil without full knowledge of the effects of the statute".
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Before both Committees, Members of Congress expressed concern about the effect of the statute on state laws.
In other words, the alleged effect of the statute is to convert the private carriers into common carriers by legislative fiat.
That such is the scope and effect of the statute in question was recognized by the supreme court of Illinois in the present case.
The Circuit Court suggested that previous decisions, delivered by lower courts, had not considered the effect of the statute on ordinary citizens.
"Defendants' legitimate regulatory interests do not outweigh the burden on voters whose right to vote in the upcoming election would be burdened by the joint effect of the statute and the directive," Judge Eric Clay wrote.
The object and effect of the statute are, therefore, to obstruct inter-state commerce, and to discriminate between the property of citizens of one State and that of citizens of other States.
The right to recover penalties or to forfeit charters of domestic, or the permits of foreign, corporations, for acts committed before the going into effect of the statute, was reserved.
While, in considering the natural operation and effect of the statute, as amended, we are not limited to the particular facts of the case at the bar, they present an illuminating illustration.
Its findings with respect to the need for and effect of the statute as a safety measure, although challenged in some particulars which we do not regard as material to our decision, are likewise supported by evidence.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com