Heyman v. Hays
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. The facts, which involve the constitutionality under the commerce clause of the Federal Constitution of a privilege tax imposed by state authority on a wholesale liquor business confined exclusively to filling mail orders from points outside the State, are stated in the opinion. Chapter 479 is not repugnant to the commerce clause of the Federal Constitution.
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ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. The facts, which involve the constitutionality under the commerce clause of the Federal Constitution of a privilege tax imposed by state authority on a wholesale liquor business confined exclusively to filling mail orders from points outside the State, are stated in the opinion. Chapter 479 is not repugnant to the commerce clause of the Federal Constitution. It should be'construed with other constitutional provisions and statutes which are in pari materia with it. See Constitution of Tennessee, Art. 1, § 28; Code provisions rendering the…
1Opinion of the CourtChief Justice White
As a prelude we give a mere outline of the relevant laws of Tennessee. In 1909 the manufacture in the State of “intoxicating liquors for the purpose of sale” was prohibited. All liquors were included except alcohol of a stated degree of proof “for chemical, pharmaceutical, medical, and bacteriological purposes.” The state court held this act constitutional. Motlow v. State, 125 Tennessee, 547. In the same year (1909) the sale of liquors as a beverage was forbidden within four miles of any schoolhouse, public or private, whether school was in session or not. This law was held constitutional…
2Cases cited8 opinions
- Savage v. JonesSupreme Court of the United States · 1912
- Woodruff v. ParhamSupreme Court of the United States · 1869
- West v. Kansas Natural Gas Co.Supreme Court of the United States · 1911
- W. W. Cargill Co. v. MinnesotaSupreme Court of the United States · 1901
- Nathan v. LouisianaSupreme Court of the United States · 1850
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3Cited by37 opinions
- Dawson v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1921
- Memphis Natural Gas Co. v. StoneSupreme Court of the United States · 1948
- Ozark Pipe Line Corp. v. MonierSupreme Court of the United States · 1925
- Missouri-Kansas-Texas R. Co. v. Northern Oklahoma Rys.Court of Appeals for the Eighth Circuit · 1928
- State v. Lone Star Gas Co.Court of Appeals of Texas · 1935
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