Legal Opinion

Rosenthal v. New York

Supreme Court of the United States

Decided December 2, 1912No. 28PublishedCited by 86 opinions

ERROR TO THE COUNTY COURT OF MONROE COUNTY, IN THE STATE OF NEW YORK. The faets, which involve the constitutionality of a statute cf New York relating to dealers in junk, are stated in the opinion. Chapter 326 of the Laws of 1903, is • unconstitutional even as interpreted by the New York Court of Appeals. The laws relating to criminally receiving stolen property ás they existed prior to 1903, were adequate to protect against the evils involved.

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ERROR TO THE COUNTY COURT OF MONROE COUNTY, IN THE STATE OF NEW YORK. The faets, which involve the constitutionality of a statute cf New York relating to dealers in junk, are stated in the opinion. Chapter 326 of the Laws of 1903, is • unconstitutional even as interpreted by the New York Court of Appeals. The laws relating to criminally receiving stolen property ás they existed prior to 1903, were adequate to protect against the evils involved. Chapter 308, Laws of 1903, compels every junk dealer to obtain a license. See People v. Wilson, 151 N. Y. 403; People v. Dowling, .84 N. Y. 478, 485.…

1Opinion of the CourtJustice Pitney

The plaintiff in error pleaded guilty to an indictment charging him with “the crime of criminally receiving stolen property,” in that he, being a dealer in and collector of junk, metals and second-hand materials, did feloniously buy and receive, from persons nairfed, certain copper wire, “the same then and there .consisting of copper wire used by and belonging to a telephone company, to wit, used by and being the goods, chattels and personal property of the Bell Telephone Company, of Buffalo, . . then lately stolen, taken and carried away from the possession of the said Bell Telephone…

2Cases cited17 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  4. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  5. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911

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3Cited by86 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  3. Shapiro v. United StatesSupreme Court of the United States · 1948
  4. Patsone v. PennsylvaniaSupreme Court of the United States · 1914
  5. Miller v. WilsonSupreme Court of the United States · 1915

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