Legal Opinion

Adams Express Co. v. Kentucky

Supreme Court of the United States

Decided May 24, 1909No. 144PublishedCited by 25 opinions

ERROR TO THE CIRCUIT COURT OF HART COUNTY, STATE OF KENTUCKY. Section 1307, Kentucky Statutes; 1903, provides: “ Any person who shall sell, lend, give, procure for or furnish spirituous, vinous or malt liquors, or any mixture of either, knowingly, to any person who is an inebriate or in the habit of becoming intoxicated or drunk by the use of any such liquors, or who shall suffer .or permit any such person to drink any such liquors in his barroom, saloon or upon the premises…

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ERROR TO THE CIRCUIT COURT OF HART COUNTY, STATE OF KENTUCKY. Section 1307, Kentucky Statutes; 1903, provides: “ Any person who shall sell, lend, give, procure for or furnish spirituous, vinous or malt liquors, or any mixture of either, knowingly, to any person who is an inebriate or in the habit of becoming intoxicated or drunk by the use of any such liquors, or who shall suffer .or permit any such person to drink any such liquors in his barroom, saloon or upon the premises under his control or in his possession, shall be fined, for each offense, fifty dollars,” etc. - The Adams Express…

1Opinion of the CourtJustice Brewer

The jurisdiction of this court is' not open to dispute. Defendant contended That the Kentucky statute as applied to the transportation.of liquor from State to State was in conflict with the section of the Federal Constitution vesting jurisdiction' in Congress over interstate commerce. This contention was denied by the state court, and thus a question arose under the Federal Constitution decided adversely to the plaintiff in error. Western Turf Association v. Greenberg, 204 U. S. 359.

Liquor, however obnoxious and hurtful it may be in the judgment of many, is a recognized article of commerce.…

2Cases cited7 opinions

  1. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  2. Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
  3. Rhodes v. IowaSupreme Court of the United States · 1898
  4. Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
  5. Western Turf Assn. v. GreenbergSupreme Court of the United States · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Savage v. JonesSupreme Court of the United States · 1912
  2. Kentucky Whip & Collar Co. v. Illinois Central RailroadSupreme Court of the United States · 1937
  3. Louisville & Nashville Railroad v. F. W. Cook Brewing Co.Supreme Court of the United States · 1912
  4. Van Winkle v. StateSupreme Court of Delaware · 1914
  5. Palmer v. Southern Express Co.Tennessee Supreme Court · 1913

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