The case of Jay Delamater, Plff. in Err. vs. State of South Dakota revolves around the issue of a state's authority to regulate or prevent the carrying on of business within its borders, even if it involves interstate commerce. In this particular case, the business in question was the selling or offering for sale of intoxicating liquors. The Supreme Court of the United States decided that while South Dakota had the power to prevent the sale of intoxicating liquors within its territory, it lacked the authority to regulate or prevent the carrying on of the business of Jay Delamater within its borders.
The case involved an annual license charge imposed by a state law on the business of selling or offering for sale intoxicating liquors. The Supreme Court held that the law was an unconstitutional burden on interstate commerce and that it was not authorized by the Wilson Act. The Wilson Act, passed in 1890, provided that all intoxicating liquors transported into any state or territory of the United States should be subject to the operation and effect of the laws of such state or territory, as though such liquors had been produced in such state or territory. However, the Supreme Court held that the law in question went beyond what was permitted by the Wilson Act.