State v. Smithson
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The power to regulate commerce between citizens of the different states is exclusive, and belongs to congress alone.
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Appeal from Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The power to regulate commerce between citizens of the different states is exclusive, and belongs to congress alone. Welton v. Slate, 91 U. S. 275; Tiernan v. Rinlter, 102 U. S. 127; Chy Lung v. Freeman, 2 Otto, 275; Railroad ». Illinois, 118 U. S. 573 ; Leisy v. Hardin, 135 U. S. 100; License Cases, 5 Howard, 504. (2) Section 7218 is m contravention of article 1, section 8, of the federal constitution, as to citizens of other states selling in Missouri. Robbins v. Taxing Hist., 120 U. S. 497; Leisy v. Hardin, 135 U. S. 100;…
1Opinion of the CourtGantt, P. J.
Defendant was prosecuted upon information before a justice of the peace in Sullivan county, Missouri. The cause was taken to the circuit court and there heard upon the following agreed statement of facts, made by the prosecuting attorney and the counsel for the defendant:
“agreement.
“State oe Missouri, ss. “Sullivan County,
“I. N. Smithson. ‘ ‘ State of Missouri v.
“Whereas, I. N. Smithson has been arrested by the constable of Jackson township, county of Sullivan, state of Missouri, on a warrant and information sworn out before J. C. Watson, justice of the peace, in and for said township, and…
2Cases cited7 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- MacHine Co. v. GageSupreme Court of the United States · 1880
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
- Simmons v. StateSupreme Court of Missouri · 1848
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3Cited by5 opinions
- City of St. Louis v. McCannSupreme Court of Missouri · 1900
- State v. LooneySupreme Court of Missouri · 1907
- City of Troy v. HarrisMissouri Court of Appeals · 1903
- State v. ParsonsSupreme Court of Missouri · 1894
- State v. LooneyMissouri Court of Appeals · 1906