Mugler v. Kansas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. State legislation which prohibits the manufacture of spirituous,, malt,' vinous, fermented, or other intoxicating liquors within the limits of the State, to be there sold or bartered for general use as a beverage, does not necessarily infringe any right,, privilege or immunity secured by the Constitution of the United States, or by the Amendments thereto.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. State legislation which prohibits the manufacture of spirituous,, malt,' vinous, fermented, or other intoxicating liquors within the limits of the State, to be there sold or bartered for general use as a beverage, does not necessarily infringe any right,, privilege or immunity secured by the Constitution of the United States, or by the Amendments thereto. The prohibition by the State of Kansas, in its Constitution and laws, of the manufacture or sale within the limits of the State of intoxicating liquors for general use there as a beverage,…
1Opinion of the CourtJustice Harlan
These cases involve. an inquiry into the validity of certain statutes of Kansas relating to the manufacture and sale of intoxicating liquors.
The first-two are indictments, charging Mugler, the plaintiff in error, in one case, with having sold, and in the other, with having manufactured, spirituous, vinous, malt, fermented, and other intoxicating liquors, in Saline County, Kansas, without having the license or permit required by the statute. The defendant, having been found guilty, was fined, in each case, one hundred dollars, and ordered to be committed to the county jail until the fine was…
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