McGuire v. Commonwealth
Supreme Court of the United States
A statute of Massachusetts* enacts, that “ all buildings, places, or tenements, used for the illegal keeping or sale of intoxicating , liquors, shall be deemed common nuisances,” and makes the keeping of such nuisance an offence punishable with fine and imprisonment. McGuire kept and maintained such a tenement at No. 6 Derby Square, Salem, Essex County, Massachusetts, and was indicted, in one of the courts of Massachusetts, accordingly.
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A statute of Massachusetts* enacts, that “ all buildings, places, or tenements, used for the illegal keeping or sale of intoxicating , liquors, shall be deemed common nuisances,” and makes the keeping of such nuisance an offence punishable with fine and imprisonment. McGuire kept and maintained such a tenement at No. 6 Derby Square, Salem, Essex County, Massachusetts, and was indicted, in one of the courts of Massachusetts, accordingly. His defence was a license granted to him under the Internal Revenue Act of the United States, approved July 1, 1862.† That act provides that no person shall…
1Opinion of the CourtJustice Nelson
The court below decided that the license received under the act of Congress gave to the defendant no right to keep or sell intoxicating liquors in violation of the State law.
Whatever, might be the effect of this license as to the rights under it, in the absence of other provisions of the act of Congress — a question not involved in the case, and, therefore,.not material to be noticed — it is quite clear that it conferred no right or authority on the defendant below, and hence furnished no defence to the indictment under the law of the State.
The 67th section of the act of Congress enacts,…
2Cited by22 opinions
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