North Dakota Ex Rel. Flaherty v. Hanson
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NORTH DAKOTA. The facts, which involve the constitutionality of a statute of North Dakota, are stated in the opinion. The act complained of, chap. 189, Gen’l Laws, 1907, of •North .Dakota is not a regulation for sale of liquor and is not a proper exercise of the police power of the State.
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ERROR TO THE SUPREME COURT OP THE STATE OP NORTH DAKOTA. The facts, which involve the constitutionality of a statute of North Dakota, are stated in the opinion. The act complained of, chap. 189, Gen’l Laws, 1907, of •North .Dakota is not a regulation for sale of liquor and is not a proper exercise of the police power of the State. It relates only to .the holders of .Federal licenses. , Even if such was the intent of the legislature, effect cannot be so given to it unless the language is plain and unambiguous. Courts cannot imagine an intent and twist the language so as to substitute what the…
1Opinion of the CourtJustice White
By § 18 of the act of February 8, 1875, ch. 36, 18 Stat. 307, as amended by § 4 of the act of March 1,1879, ch. 125, 20 Stat. 327, 333, a special tax of twenty-five dollars is imposed on retail dealers in liquors, as therein defined, and a tax of twenty dollars on a retail dealer in malt liquors. By Rev. Stat., §§ 3232 and 3233 a person is forbidden to engage in or carry on any trade or business made subject to a special tax until the tax has been paid, and it is made the duty of one engaging in a trade or business on which a special tax is imposed by law to register with the collector of the…
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