Settled doctrines relied upon • "[S]ince warehouses engaged in the storage of grain for interstate or foreign commerce are in the federal domain,
United States v. Hastings, 296 U.S. 188, Congress may, if it chooses, take unto itself all regulatory authority over them (see
New York Central R. Co. v. New York & Pennsylvania Co., 271 U.S. 124 ), share the task with the States, or adopt as federal policy the state scheme of regulation. See
Prudential Ins. Co. v. Benjamin, 328 U.S. 408, 430-436, 1155-1159.
The question in each case is what the purpose of Congress was."(emphasis added) • "
[I]n a field which the States have traditionally occupied[, see]
Munn v. Illinois, 94 U.S. 113;
Davies Warehouse Co. v. Bowles, 321 U.S. 144, 148-149, 477, 478 ...
we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Napier v. Atlantic Coast Line R. Co., 272 U.S. 605, 611, 209;
Allen-Bradley Local v. Wisconsin Employment Relations Board, 315 U.S. 740, 749, 825.(emphasis added) • Such a purpose may be evidenced in several ways: :#"The scheme of federal regulation may be so
pervasive as to make reasonable the inference that Congress left no room for the States to supplement it.
Pennsylvania R. Co. v. Public Service Commission, 250 U.S. 566, 569, 40 S. Ct. 36, 37;
Cloverleaf Butter Co. v. Patterson, 315 U.S. 148, 786." (emphasis added) :#"Or the Act of Congress may touch a
field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
Hines v. Davidowitz, 312 U.S. 52." (emphasis added) :#"Likewise,
the object sought to be obtained by the federal law and the character of obligations imposed by it may reveal the same purpose.
Southern R. Co. v. Railroad Commission, 236 U.S. 439;
Charleston & W.C.R. Co. v. Varnville Furniture Co., 237 U.S. 597, Ann.Cas.1916D, 333;
New York Central R. Co. v. Winfield, 244 U.S. 147, L.R.A.1918C, 439, Ann.Cas.1917D, 1139; Napier v. Atlantic Coast Line R. Co., supra." (emphasis added) :#"Or the state policy may produce a
result inconsistent with the objective of the federal statute.
Hill v. Florida, 325 U.S. 538." (emphasis added)
Intent of Congress In this case, the Court determined that Congress's intent, when it amended § 6 and § 29 of the Act, was to eliminate the dual state and federal regulation of any warehouse that chose to obtain a federal license: It is often a perplexing question whether Congress has precluded state action or by the choice of selective regulatory measures has left the police power of the States undisturbed except as the state and federal regulations collide.
Townsend v. Yeomans, 301 U.S. 441;
Kelly v. Washington, 302 U.S. 1;
South Carolina State Highway Dept. v. Barnwell Bros., 303 U.S. 177, 625;
Union Brokerage Co. v. Jensen, 322 U.S. 202, 152 A.L.R. 1072. ... The amendments to § 6 and § 29, read in light of the Committee Reports, say to us in plain terms that a licensee under the Federal Act can do business "without regard to State acts"; that the matters regulated by the Federal Act cannot be regulated by the States; that, on those matters, a federal licensee (so far as his interstate or foreign commerce activities are concerned) is subject to regulation by one agency and by one agency alone. [Footnote 12] That is to say, Congress did more than make the Federal Act paramount over state law in the event of conflict. It remedied the difficulties which had been encountered in the Act's administration by terminating the dual system of regulation.
Conclusion: The test, therefore, is whether the matter on which the State assets the right to act is in any way regulated by the Federal Act. If it is, the federal scheme prevails though it is a more modest, less pervasive regulatory plan than that of the State. By that test each of the nine matters we have listed is beyond the reach of the Illinois Commission since on each one Congress has declared its policy in the Warehouse Act. The provisions of Illinois law on those subjects must therefore give way by virtue of the Supremacy Clause. U.S.Const., Art. VI, Cl. 2. ==Dissent==