Crutcher v. Commonwealth of Kentucky
Citation | 11 S.Ct. 851,141 U.S. 47,35 L.Ed. 649 |
Parties | CRUTCHER v. COMMONWEALTH OF KENTUCKY |
Decision Date | 25 May 1891 |
Court | United States Supreme Court |
This case arose at Frankfort, Franklin county, Ky., upon an indictment found against Crutcher, the plaintiff in error, in the Franklin circuit court, for acting and doing business as agent for the United States Express Company, alleged to be an express company not incorporated by the laws of Kentucky, but trading and doing business as a common carrier by express of goods, merchandise, money, and other things of value in and through the county and state aforesaid, without having any license so to do either for himself or the company. Crutcher, being arrested and brought before the court, tendered a special plea setting forth the facts with regard to his employment and the business of the company, and, among other things, that said company was a joint-stock company, incorporated and having its principal office in the city of New York in the state of New York, which plea was refused. He then pleaded 'not guilty,' and the parties filed an agreed statement of facts; and by consent the matters of law and fact were submitted to the court, and the defendant was found guilty and sentenced to pay a fine of $100 and the costs of prosecution. The agreed statement of facts was as follows: The detailed statement referred to, market 'X,' showed the total amount of business done by the company at the Frankfort office in November, 1888, to have been $226.71, of which $56.14, or not quite one-fourth of the whole, was business done entirely within the state; and the remainder, $170.57, was done partly within and partly without the state; that is, the goods were brought into the state from places without the state, or were carried from the state to places without the state. Of course the latter, or largest, portion was comprised within the category of interstate commerce. The defendant upon these facts moved for a new trial which was refused, and also for an arrest of judgment, which was denied, and a bill of exceptions was taken. The case was then appealed to the court of appeals of Kentucky, and the judgment was affirmed. The ground taken for reversing the judgment was that the statute of Kentucky under which the indictment was found was repugnant to the power given to congress by the constitution of the United States to regulate commerce among the several states.
The law in question was passed in 1860, and is as follows:
An amendatory act passed in 1866 raised the license fee to $5, and imposed a fee of $5 for filing copy of charter, and $10 for filing an original or annual statement. The supreme court of Kentucky, in disposing of the case, gave the following opinion, (Crutcher v. Commonwealth, 12 S. W. Rep. 141:) The court then referred to the cases of Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. Rep. 564, and to Railway Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. Rep. 28, and concluded as follows: 'We cannot perceive how any burden has been placed by the state upon interstate commerce by the...
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