Johnson v. Maryland
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP FREDERICK COUNTY, STATE OP MARYLAND.* This was a prosecution based on § 143 of Art. 56 of the Code of Public General Laws of Maryland, as amended by c. 85, Acts of 1918. The opinion states the case. To assert that there may be reasonable regulation of a federal operation or agency by a State acting under its police power, is to deny the complete sovereignty of the Federal Government in the discharge of its constitutional functions.
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ERROR TO THE CIRCUIT COURT OP FREDERICK COUNTY, STATE OP MARYLAND.* This was a prosecution based on § 143 of Art. 56 of the Code of Public General Laws of Maryland, as amended by c. 85, Acts of 1918. The opinion states the case. To assert that there may be reasonable regulation of a federal operation or agency by a State acting under its police power, is to deny the complete sovereignty of the Federal Government in the discharge of its constitutional functions. McCulloch v. Maryland, 4 Wheat. 316, 429, 431, 432, 436; Tennessee v. Davis, 100 U. S. 257, 263; Henderson v. Mayor, 92 U. S. 259,…
1Opinion of the CourtJustice Holmes
The plaintiff in error was an employee of the Post Office Department of the United States and while driving a government motor truck in the transportation of mail over a post road from Mt. Airy, Maryland, to Washington, was arrested in Maryland, and. was tried, convicted and fined for so driving without having obtained a license from the State. He saved his constitutional rights by motion to quash, by. special pleas which were overruled upon de>murrer and by motion in arrest of judgment. The facts were admitted and the naked question is whether the State has power to require such an employee…
2Cases cited6 opinions
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