Lawrence Weber v. Frederick Freed, No. 644

CourtUnited States Supreme Court
Writing for the CourtWhite
Citation60 L.Ed. 308,36 S.Ct. 131,239 U.S. 325
Docket NumberNo. 644
Decision Date13 December 1915
PartiesL. LAWRENCE WEBER, Appt., v. FREDERICK S. FREED, Deputy Collector of United States Customs in Charge of the Port of Newark, N. J

239 U.S. 325
36 S.Ct. 131
60 L.Ed. 308
L. LAWRENCE WEBER, Appt.,

v.

FREDERICK S. FREED, Deputy Collector of United States Customs in Charge of the Port of Newark, N. J.

No. 644.
Argued December 1, 1915.
Decided December 13, 1915.

Page 326

Messrs. Benjamin F. Spellman and Charles A. Towne for appellant.

[Argument of Counsel from page 326 intentionally omitted]

Page 327

The court declined to hear Assistant Attorney General Warren for appellee.

[Argument of Counsel from page 327 intentionally omitted]

Page 328

Mr. Chief Justice White delivered the opinion of the court:

The act of July 31, 1912 (§ 1, chap. 263, 37 Stat. at L. 240, Comp. Stat. 1913, § 10,416), makes it unlawful 'to bring or to cause to be brought into the United States from abroad, any film or other pictorial representation of any prize fight or encounter of pugilists, under whatever name, which is designed to be used or may be used for purposes of public exhibition.' With this provision in force, in April, 1915, the appellant brought to the port of entry of the city of Newark in the state of New Jersey photographic films of a pugilistic encounter or prize fight which had taken place at Havana, and demanded of the deputy collector of customs in charge the right to enter the films. On refusal of the official to permit the entry, appellant filed his bill of complaint to enforce the right to enter by a mandatory injunction and by other appropriate relief to accomplish the purpose in view. The ground relied on for the relief was the averment that the prohibition of the act of Con-

Page 329

gress in question was repugnant to the Constitution because, in enacting the same, 'Congress exceeded its designated powers under the Constitution of the United States, and attempted, under the guise of its powers under the commerce clause, to exercise police power expressly reserved in the states.' The collector moved to dismiss on the ground that the bill stated no cause of action because the assailed provision of the act of Congress was constitutional, and therefore on the face of the bill there was no jurisdiction to award the relief sought.

The motion was sustained and a decree of dismissal was rendered, and it is this decree which it is sought to reverse by the appeal which is before us, the propositions relied upon to accomplish that result but reiterating in various forms of statement the contention as to the repugnancy to the Constitution of the provision of the...

To continue reading

Request your trial
52 practice notes
  • United States v. Edwards, No. 866-Y.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • April 4, 1936
    ...added.) The act of 1912 prohibiting the transportation of prize fight pictures (18 U.S. C.A. § 405), sustained in Weber v. Freed (1915) 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann.Cas.1916C, The Webb-Kenyon Act of 1913 (c. 90, 37 Stat. 699 27 U.S.C.A. § 122), prohibiting shipment of intox......
  • Burco, Inc. v. Whitworth, No. 3983
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 22, 1936
    ...use was prohibited in order to prevent the use of interstate commerce to promote that which was illegal in the state. In Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann.Cas.1916C, 317, it was held that Congress had power to prohibit the importation of pictorial representations......
  • United State v. Kahriger, No. 167
    • United States
    • United States Supreme Court
    • March 9, 1953
    ...the same result through the commerce power. That power was enough to bar transportation of pictures of prize fights, Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308; to seize contraband eggs after shipment had ended, Hipolite Egg Co. v. United States, 220 U.S. 45, 56, 31 S.Ct. 364,......
  • Nebbia v. People of State of New York, No. 531
    • United States
    • United States Supreme Court
    • March 5, 1934
    ...of lottery tickets, Lottery Case, 188 U.S. 321, 23 S.Ct. 321, 47 L.Ed. 492; transportation of prize fight films, Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann. Cas. 1916C, 317; the shipment of adulterated food, Hipolite Egg Co. v. United States, 220 U.S. 45, 31 S.Ct. 364, 55......
  • Request a trial to view additional results
52 cases
  • United States v. Edwards, No. 866-Y.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • April 4, 1936
    ...added.) The act of 1912 prohibiting the transportation of prize fight pictures (18 U.S. C.A. § 405), sustained in Weber v. Freed (1915) 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann.Cas.1916C, The Webb-Kenyon Act of 1913 (c. 90, 37 Stat. 699 27 U.S.C.A. § 122), prohibiting shipment of intox......
  • Burco, Inc. v. Whitworth, No. 3983
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 22, 1936
    ...use was prohibited in order to prevent the use of interstate commerce to promote that which was illegal in the state. In Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann.Cas.1916C, 317, it was held that Congress had power to prohibit the importation of pictorial representations......
  • United State v. Kahriger, No. 167
    • United States
    • United States Supreme Court
    • March 9, 1953
    ...the same result through the commerce power. That power was enough to bar transportation of pictures of prize fights, Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308; to seize contraband eggs after shipment had ended, Hipolite Egg Co. v. United States, 220 U.S. 45, 56, 31 S.Ct. 364,......
  • Nebbia v. People of State of New York, No. 531
    • United States
    • United States Supreme Court
    • March 5, 1934
    ...of lottery tickets, Lottery Case, 188 U.S. 321, 23 S.Ct. 321, 47 L.Ed. 492; transportation of prize fight films, Weber v. Freed, 239 U.S. 325, 36 S.Ct. 131, 60 L.Ed. 308, Ann. Cas. 1916C, 317; the shipment of adulterated food, Hipolite Egg Co. v. United States, 220 U.S. 45, 31 S.Ct. 364, 55......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT