Shaw v. City of Atlanta
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Bell. March 21, 1912. The plaintiff in error was convicted in two cases of violating the provisions of an ordinance of the City of Atlanta, a copy of which is as follows: “Any person, firm, or corporation who shall keep for unlawful sale in any store, house, room, office, cellar, stand, booth, stall, or other place, or shall have contained for unlawful sale in any barrel, keg, can, demijohn, or other package, any spirituous,…
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Certiorari; from Fulton superior court — Judge Bell. March 21, 1912. The plaintiff in error was convicted in two cases of violating the provisions of an ordinance of the City of Atlanta, a copy of which is as follows: “Any person, firm, or corporation who shall keep for unlawful sale in any store, house, room, office, cellar, stand, booth, stall, or other place, or shall have contained for unlawful sale in any barrel, keg, can, demijohn, or other package, any spirituous, fermented, or malt liquors for such sale, shall on conviction be punished by fine not exceeding five hundred dollars, or…
1Opinion of the CourtPottle, J.
Prior to the passage of the act of Congress known as the “Wilson act” the right of a citizen of one State to import intoxicating liquor from another State and sell it in the original package could not be taken away by the State. Intoxicating liquor being a legitimate subject of commerce, the police power of the State did not become operative until after the original package was *394broken and the contents had become intermingled with the general mass of property in the State. The right to sell “was an inseparable incident to the right to import.” Bowman v. Chicago Ry. Co., 135 U. S. 466 (8 Sup.…
2Cases cited19 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Helvering v. O'DONNELLSupreme Court of the United States · 1938
- Randolph's v. Quidnick Co.Supreme Court of the United States · 1890
- Adams Express Co. v. KentuckySupreme Court of the United States · 1907
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