State v. Harper
Montana Supreme Court
Appeal from District Court, Park County; Albert P. Stark, Judge. Peter Harper was informed against for aiding a woman in obtaining transportation from Minnesota to Montana for an immoral purpose. A demurrer having been sustained to the information and defendant discharged, the state appeals. As contended by defendant below, it has even been held that Congress has'plenary power over the subject of interstate commerce and that laws enacted by it are supreme.
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Appeal from District Court, Park County; Albert P. Stark, Judge. Peter Harper was informed against for aiding a woman in obtaining transportation from Minnesota to Montana for an immoral purpose. A demurrer having been sustained to the information and defendant discharged, the state appeals. As contended by defendant below, it has even been held that Congress has'plenary power over the subject of interstate commerce and that laws enacted by it are supreme. (McCulloch v. Maryland, 4 "Wheat. (XJ. S.) 316, 4 L. Ed. 579; Smith v. State of Alabama, -124 U. S. 465, 31 L. Ed. 508, 8 Sup. Ct. Rep.…
1Opinion of the CourtJustice Sanner
By an information filed in the district court of Park county, the respondent, one Peter Harper, was accused of aiding a woman in obtaining transportation from Woodlake, Minnesota, to Livingston, Montana, for the purpose of concubinage, contrary to the provisions of section 1, Chapter 1, Laws of the Twelfth Legislative Assembly (Laws 1911, p. 3). To this information the respondent demurred, principally upon the ground that the court was without jurisdiction. The demurrer was allowed and, because the objection could not be avoided by another or amended information, the respondent was…
2Cases cited16 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
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3Cited by6 opinions
- Ex Parte AndersonMontana Supreme Court · 1951
- In Re SquiresSupreme Court of Vermont · 1945
- State v. ReedMontana Supreme Court · 1917
- People v. ZookAppellate Division of the Superior Court of California · 1948
- Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1973
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