Wright v. MacFarlane & Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Hawaii. This suit was brought by the appellees (plaintiffs in the court below) to obtain an injunction restraining the appellant, as Treasurer of the Territory of Hawaii, from issuing licenses under or by virtue of certain laws of the territory, and for a decree declaring such laws unconstitutional and void.
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Appeal from the District Court of the United States for the District of Hawaii. This suit was brought by the appellees (plaintiffs in the court below) to obtain an injunction restraining the appellant, as Treasurer of the Territory of Hawaii, from issuing licenses under or by virtue of certain laws of the territory, and for a decree declaring such laws unconstitutional and void. The District Court for the territory of Hawaii entered a decree in favor of the appellees, declaring the laws in question to be in conflict with the Constitution of the United States, and awarded an injunction to the…
1Opinion of the CourtMorrow, Circuit Judge
The court below based its decree in favor of the complainants solely upon the ground that the territorial statute authorizing the treasurer of the territory to grant licenses for -the sale of malt liquors manufactured in Honolulu upon the payment of an annual license of $250 was a discrimination against dealers who were required by other sections of the statute to pay an annual license tax of $1,000 for the privilege of selling any spirituous liquors by the glass or bottle, spirituous liquors being defined by the statute as meaning “any wines, spirits, ale, cider, perry, beer, or other…
2Cases cited18 opinions
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Osborne v. FloridaSupreme Court of the United States · 1897
- American Sugar Refining Co. v. New OrleansSupreme Court of the United States · 1901
- In Re LennonSupreme Court of the United States · 1893
- Wrightman v. Boone CountyCourt of Appeals for the Eighth Circuit · 1898
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3Cited by1 opinion
- Macfarlane & Co. v. WrightDistrict Court, D. Hawaii · 1902