United States v. Doremus
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OP TEXAS. The ease is stated in the opinion. A reading of the indictment shows that the first two counts and each succeeding two counts must be read together in order to make out the offense intended to be charged.
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OP TEXAS. The ease is stated in the opinion. A reading of the indictment shows that the first two counts and each succeeding two counts must be read together in order to make out the offense intended to be charged. Looking at § 2 of the act, in connection with the title and all the other provisions thereof, it is clear that the key to its meaning is in the distinction made between producers of, and dealers in, these drugs, on the one hand, and consumers of them on the other. The former must register and pay the special…
1Opinion of the CourtJustice Day
Doremus wás indicted for violating § 2 of the so-called Harrison Narcotic Drug Act. 38 Stat. 785; 6 U. S. Comp. Stats. 1916, § 6287g. Upon demurrer to the indictment the District Court held the section unconstitutional for the reason that it was not a revenue measure, and was an invasion of the police power reserved to the States. 246 Fed. Rep. 958. The case is here under the Criminal Appeals Act, 34 Stat. 1246.
There are ten counts in the indictment. The first two were treated by the court below as sufficient to raise the constitutional' question decided. The first count in substance charges…
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