Legal Opinion

Bartemeyer v. Iowa

Supreme Court of the United States

Decided March 18, 1874PublishedCited by 170 opinions

Error to the Supreme Court of Iowa; the case being thus: Bartemeyer, the plaintiff' in error, was tried before a justice of the peace on the charge of selling intoxicating liquors, on the 8th of March, 1870, to one Timothy Hickey, in Davenport Township, in the State of Iowa, and was acquitted.

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Error to the Supreme Court of Iowa; the case being thus: Bartemeyer, the plaintiff' in error, was tried before a justice of the peace on the charge of selling intoxicating liquors, on the 8th of March, 1870, to one Timothy Hickey, in Davenport Township, in the State of Iowa, and was acquitted. On an appeal to the Circuit Court of the State the defendant filed the following plea: “And now comes the defendant, F. Bartemeyer, and for plea to the information in this cause says: He admits that at the time and place mentioned-in said information he did sell and deliver to one Timothy Hickey one…

1Opinion of the CourtJustice Miller

The ease has been submitted to us on printed argument. That on the part of the plaintiff in error has taken a very-wide range, and is largely composed ,of the arguments familiar to all, against th'e right of the States to regulate traffic in intoxicating liquors. So far as this argument deals with the mere question of regulating this traffic, or even its total prohibition, as it may have been affected by anything in the Federal Constitution prior to the recent amendments of that instrument, we do not propose to enter into a discussion. Up to that time it had been considered as falling within…

2Cited by170 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Poe v. UllmanSupreme Court of the United States · 1961
  3. Twining v. New JerseySupreme Court of the United States · 1908
  4. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  5. Leisy v. HardinSupreme Court of the United States · 1890

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