Legal Opinion

United States v. Sugar

District Court, E.D. Michigan

Decided July 10, 1917No. 5875PublishedCited by 10 opinions

Maurice Sugar and others were indicted for conspiracy to unlawfully and willfully aid and abet and procure persons to violate the Conscription Act. On motion to quash indictment.

1Opinion of the Court

TUTTLE, District Judge.

Defendants have moved to quash the indictment herein, alleging that it charges in a single count two distinct offenses, that the acts of the defendants recited do not constitute an offense against the United States, and that the Conscription Act, on which such indictment is based, is unconstitutional for various reasons stated.

The statute in question is the act of Congress known as the Conscription Act, which was approved on May 18, 1917. The purpose of the act is the raising of national armies for the prosecution of the war against Germany, declared by Congress a few…

2Cases cited36 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  4. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  5. Martin v. Hunter's LesseeSupreme Court of the United States · 1816

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3Cited by10 opinions

  1. May v. United StatesCourt of Appeals for the D.C. Circuit · 1949
  2. Richter v. United StatesCourt of Appeals for the Ninth Circuit · 1950
  3. Penn Mutual Life Insurance v. IretonIdaho Supreme Court · 1937
  4. Ex parte BlazekovicDistrict Court, E.D. Michigan · 1918
  5. Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1927

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