Legal Opinion · Dissent
Johnson v. Yellow Cab Transit Co.
Court of Appeals for the Tenth Circuit
Decided July 26, 1943No. 2697Published
1DissentMurrah, Circuit Judge
The State of Oklahoma has asserted the power to seize and confiscate a shipment of intoxicating liquor, while being transported by a common carrier to the Ft. Sill Military Reservation, which is enclaved within the State of Oklahoma. The asserted power to seize and confiscate the shipment of liquor in question is an attempted exercise of the police power of the State in its purest form, because it relates to a declared public policy, affecting the public morals of the State's inhabitants. The police power of the state is an indispensable prerogative of state sovereignty, and “at times the…
2Cases cited27 opinions
- Eubank v. City of RichmondSupreme Court of the United States · 1912
- Ziffrin, Inc. v. ReevesSupreme Court of the United States · 1939
- State Bd. of Equalization of Cal. v. Young's Market Co.Supreme Court of the United States · 1936
- Sligh v. KirkwoodSupreme Court of the United States · 1915
- Penn Dairies, Inc. v. Milk Control Comm'n of Pa.Supreme Court of the United States · 1943
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