Wm. H. Moore & Co. v. State

Stewart, J., delivered the opinion of the Court. Some tobacco belonging to private individuals, stored in the warehouses of the State, where it had been carried in pursuance of the law for inspection, was destroyed by fire. The owners claim that the State is legally bound to indemnify them for the loss. ⁴⁸³ Having no power to institute suit against the State, without special leave, the Act of 1876, ch. 370, was passed, authorizing them to bring suit against the State, tor the purpose of ascertaining, through the Courts, if the State is liable to them for the value of the tobacco, and if so, the extent of the damages. This suit was brought in pursuance of the said Act, to recover from the State the damages claimed.

A general demurrer was filed in behalf of the State to the declaration of the plaintiffs making the claim. The Circuit Court sustained the demurrer, and the plaintiffs have appealed, and the question is — Was any error committed hy the Court in so ruling ? From the origin of the government of the State, laws have been passed for the inspection of tobacco. Amongst other objects, with a view of raising revenue for public use, and the tobacco was required to be brought to the warehouses of the State for that purpose.

Whether these inspection laws have been wise it is not our province to determine. That power resides in the Legislature. The State, in the organization of the Federal Government, having reserved the power of passing inspection laws, has since enacted such regulations as it deemed judicious and necessary for that purpose. In regard to the