United States ex rel. Friedman v. United States Express Co.
District Court, W.D. Arkansas
Petition for mandamus by the United States, on relation of Louis Friedman and another, doing business as Friedman & Co., against the United States Express Company. The complainants filed their petition for a mandamus to compel the defendant to accept and transport intoxicating liquors to complainants’ customers residing in that part of the state of Oklahoma commonly known as the Indian Territory.
Read the full summary
Petition for mandamus by the United States, on relation of Louis Friedman and another, doing business as Friedman & Co., against the United States Express Company. The complainants filed their petition for a mandamus to compel the defendant to accept and transport intoxicating liquors to complainants’ customers residing in that part of the state of Oklahoma commonly known as the Indian Territory. The petition was filed under section 10 of the, act of Congress approved March 2,1889 (Act March 2, 1889, c. 382, 25 Stat. 862 LU. S. Comp. St. 1901, p.,3172]), which is as follows: “Sec. 10. That…
1Opinion of the CourtRogers, District Judge
(after stating the facts as above). 'The first question which this demurrer raises is whether the tenth section of the act of March 2, 1889, supra, authorizes this proceeding. That depends upon the further question as to whether the petition brings the case stated within the purview of the'provisions of the interstate commerce law. In the third section of an act to regulate commerce, approved February 4, 1887 (Act Feb. 4, 1887, c. 104, 24 Stat. 380 [U. S. Comp. St. 1901, p. 3155]), it is,provided:
“Sec. 3. That it shall be unlawful for any common carrier subject to the provisions of this act…
2Cases cited33 opinions
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Leisy v. HardinSupreme Court of the United States · 1890
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- United States v. RickertSupreme Court of the United States · 1903
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
28 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- United States Express Co. v. FriedmanCourt of Appeals for the Eighth Circuit · 1911
- Smith, Secretary of State v. State HepburnSupreme Court of Oklahoma · 1910
- McCabe v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- Gearlds v. JohnsonU.S. Circuit Court for the District of Minnesota · 1911