Austin v. Tennessee
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE TENNESSEE. This was a writ of error to review tbe conviction of Austin for the sale of cigarettes in violation of an act of. the General Assembly of Tennessee, (chap. 30, Acts of 1897,) the material portion of which reads as- follows: “Be it enacted by th¿ General Assembly of the State of Tennessee, That it shall be a misdemeanor for any person, firm or corporation to sell, offer to sell, or to bring into the State for the purpose…
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ERROR TO THE SUPREME COURT OE THE STATE OE TENNESSEE. This was a writ of error to review tbe conviction of Austin for the sale of cigarettes in violation of an act of. the General Assembly of Tennessee, (chap. 30, Acts of 1897,) the material portion of which reads as- follows: “Be it enacted by th¿ General Assembly of the State of Tennessee, That it shall be a misdemeanor for any person, firm or corporation to sell, offer to sell, or to bring into the State for the purpose of selling, giving away, or otherwise disposing of, any cigarettes, cigarette paper, or substitute for the same; and a…
1Opinion of the CourtJustice Brown
It is charged that the act in question, in its application to the facts of this case, is an infringement upon the exclusive power of Congress to regulate commerce between the States. This is the sole question presented for our determination.
We are not disposed to question the general principle that the States cannot, under the guise of inspection or revenue laws, forbid or impede the introduction of products, and more particularly of food products, universally recognized as harmless, Minnesota v. Barber, 136 U. S. 313; Brimmer v. Rebman, 138 U. S. 78, or otherwise burden foreign or interstate…
2Cases cited34 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mugler v. KansasSupreme Court of the United States · 1887
- Brown v. MarylandSupreme Court of the United States · 1827
- Barbier v. ConnollySupreme Court of the United States · 1884
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
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3Cited by153 opinions
- American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Huron Portland Cement Co. v. City of DetroitSupreme Court of the United States · 1960
- Breard v. AlexandriaSupreme Court of the United States · 1951
- Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
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