Legal Opinion

Glasgow v. Moyer

Supreme Court of the United States

Decided June 7, 1912No. 1123PublishedCited by 137 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT • OF GEORGIA. The facts are stated in the opinion. Section 211 of the Penal Code is unconstitutional' Congress exceeded its constitutional power in not confining the depositing matter in some authorized receptacle of the United States, or for delivery through the United States mail.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT • OF GEORGIA. The facts are stated in the opinion. Section 211 of the Penal Code is unconstitutional' Congress exceeded its constitutional power in not confining the depositing matter in some authorized receptacle of the United States, or for delivery through the United States mail. There is no authority for this kind of legislation under the grant in § 8 of Art. I, “to establish Post Offices and Post Roads.” This statute, by its broad terms, certainly exceeds the powers of Congress to enact, and is, therefore,…

1Opinion of the CourtJustice McKenna

This appeal is prosecuted to review the order of the. District Court denying petition of appellant to be discharged in proceedings for habeas corpus from the custody of the Warden Of the United States Penitentiary at Atlanta,' Georgia.

The petition alleges the following: On the 21st of July, 1911, while appellant was temporarily in Wilmington, Delaware, he was arrested and charged with peddling books without a license and was convicted in the Municipal Court of the city and fined $5.00. The judgment was almost immediately remitted and he was re-arrested and charged with having deposited in the…

2Cases cited3 opinions

  1. Harlan v. McGourinSupreme Court of the United States · 1910
  2. Matter of GregorySupreme Court of the United States · 1911
  3. In Re LincolnSupreme Court of the United States · 1906

3Cited by137 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  3. Berger v. United StatesSupreme Court of the United States · 1921
  4. Brown v. DavenportSupreme Court of the United States · 2022
  5. Bowen v. JohnstonSupreme Court of the United States · 1939

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