1908 United States Supreme Court case
| Ware & Leland v. Mobile County |
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| Full case name | 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 |
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| Citations | 209 U.S. 405 (more)28 S. Ct. 526; 52 L. Ed. 855; 14 Ann. Cas. 1031 |
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| Prior | Judgment for defendants. |
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| 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. |
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- 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
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| Majority | Day, joined by unanimous |
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| US Constitution Article I, Sec. 8. |
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]
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