Ohio v. Thomas
Supreme Court of the United States
APPEAR FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. ■ Ik this case complaint was made by affidavit by the dairy commissioner of Ohio against' the appellee, alleging that on March 2, 1897,.he violated the act of the legislature of the State of Ohio, passed in 1895, (92 Ohio'State Laws, 23,) in relation to the use of oleomargarine. ■ Appellee was arrested and brought before a justice of the peace, and declined to plead to the charge on the ground that the act…
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APPEAR FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. ■ Ik this case complaint was made by affidavit by the dairy commissioner of Ohio against' the appellee, alleging that on March 2, 1897,.he violated the act of the legislature of the State of Ohio, passed in 1895, (92 Ohio'State Laws, 23,) in relation to the use of oleomargarine. ■ Appellee was arrested and brought before a justice of the peace, and declined to plead to the charge on the ground that the act complained of in the affidavit of the compláinant was performed by him as governor of the soldiers’ home, located in the…
1Opinion of the CourtJustice PeckhaM
The act of the legislature of the State of Ohio, passed May 16, 1868, ceding jurisdiction to the United States, if it had remained in force, would have prevented the state officials from taking jurisdiction in this case. • Congress, however, by tbe act of January 21, 1871, ceded back and relinquished the jurisdiction that had been granted, and provided that it would claim or exercise no jurisdiction thereafter, except as therein mentioned.
If we assume, what the state court decided, that the provisions of the state statute relating to the sale of oleomargarine were intended to apply to and…
2Cases cited7 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Ex Parte SieboldSupreme Court of the United States · 1880
- In Re NeagleSupreme Court of the United States · 1890
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- Baker v. GriceSupreme Court of the United States · 1898
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