United States v. Sumner

Thompson, J.:

Defendants challenge the authority of the district attorney to bring this action and the power of the court to take cognizance of it, upon the ground that the State having expressly refused to pass legislation providing for the enforcement of the National Prohibition Act (41 U. S. Stat. at Large, 305) by its officers or in its courts, such power and authority is thereby impliedly denied them. This is an erroneous and vicious conception. The National Prohibition Act is the supreme law of the land, and neither the State, its citizens or its courts can override it. The State derives…