United States v. Kesterson

FRANKLIN E. KENNAMER, District Judge.

An indictment was returned into this court, charging the defendants with possession of whisky for sale as retail liquor dealers, within the jurisdiction of this court, without having paid the special excise tax of $1,000, in violation of section 206, title 26 USCA. The defendants have demurred to the indictment, challenging the constitutionality of the act of Congress, as set forth in section 206," supra, because it violates the provisions of article 1, § 8, el. 1, of the Constitution of the United Stqtes, which reads as follows: “Section 8. The Congress…