Legal Opinion · Dissent

People v. . Hawkins

New York Court of Appeals

Decided October 11, 1898Published

Appeal from a judgment of the appellate division affirming ■a judgment entered on a decision sustaining a demurrer to the indictment.

1Dissent

BARTLETT, J. (dissenting).

The courts below have held the law (chapter 931, Laws 1896) regulating the sale of convict-made goods in this state to be in violation of the provisions of the Federal Constitution vesting in Congress the power to regulate commerce among the several states (Const, U. S. art. 1, § 8, subd. 3), and consequently void. It is urged that the act also violates the United States Constitution, providing as follows : “ The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states ” (Id. art. 4, § 2, subd, 1); also giving…

2Cases cited11 opinions

  1. Coe v. ErrolSupreme Court of the United States · 1886
  2. Kidd v. PearsonSupreme Court of the United States · 1888
  3. Matter of Application of JacobsNew York Court of Appeals · 1885
  4. Plumley v. MassachusettsSupreme Court of the United States · 1894
  5. Budd v. New YorkSupreme Court of the United States · 1892

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