Fairbank v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OE THE UNITED .STATES E0R THE DISTRICT OF MINNESOTA. On March Y, 1900, plaintiff in error was convicted in the District Court of. the United States for the District of Minnesota on the charge of issuing as agent of the Northern Pacific Railway Company an export bill of lading upon certain wheat exported from Minnesota to Liverpool, England, without affixing thereto an internal revenue stamp, as required by the act of June 13, 1898, e. 448, 30…
Read the full summary
ERROR TO THE DISTRICT COURT OE THE UNITED .STATES E0R THE DISTRICT OF MINNESOTA. On March Y, 1900, plaintiff in error was convicted in the District Court of. the United States for the District of Minnesota on the charge of issuing as agent of the Northern Pacific Railway Company an export bill of lading upon certain wheat exported from Minnesota to Liverpool, England, without affixing thereto an internal revenue stamp, as required by the act of June 13, 1898, e. 448, 30 Stat. 448. Upon that conviction ho was sentenced to pay a fine of ,$25. His contention on the trial was that that act, so…
1Opinion of the CourtJustice Beewee
The constitutionality of an act of Congress is a matter always requiring the most careful consideration. The presumptions are in favor of constitutionality, and before a court is justified in holding that the legislative power has been exercised beyond the limits granted, or in conflict' with, restrictions imposed by the fundamental law, the excess or conflict should be clear. And yet, when clear, if written constitutions are to be regarded as of value, the duty of the court is plain to uphold the Constitution, although in so doing the legislative enactment falls'. The reasoning in support of…
2Cases cited58 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Boyd v. United StatesSupreme Court of the United States · 1886
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
53 more not listed; retrieve them via the Exa API.
3Cited by200 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- Downes v. BidwellSupreme Court of the United States · 1901
- McGrain v. DaughertySupreme Court of the United States · 1927
- Kansas v. ColoradoSupreme Court of the United States · 1907
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
195 more not listed; retrieve them via the Exa API.