Linder v. United States, No. 183

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
Citation39 A. L. R. 229,69 L.Ed. 819,45 S.Ct. 446,268 U.S. 5
PartiesLINDER v. UNITED STATES
Decision Date13 April 1925
Docket NumberNo. 183

268 U.S. 5
45 S.Ct. 446
69 L.Ed. 819
LINDER

v.

UNITED STATES.

No. 183.
Submitted March 9, 1925.
Decided April 13, 1925.

Page 6

Mr. George Turner, of Spokane, Wash., for petitioner.

[Argument of Counsel from pages 6-8 intentionally omitted]

Page 9

The Attorney General, Solicitor General Beck, of Washington, D. C., Assistant Attorney General Donovan, and Mr. Harry S. Ridgely, of Washington, D. C., for the United States.

Page 10

Mr. Justice McREYNOLDS delivered the opinion of the Court.

The court below affirmed the conviction of petitioner by the District Court, Eastern District of Washington, under the following count of an indictment returned therein June 26, 1922. As to all other counts the jury found him not guilty.

Count II. And the grand jurors aforesaid upon their oaths do further present: That Charles O. Linder, whose other or true name is to the grand jurors unknown, hereinafter in this indictment called the defendant, late of

Page 11

the County of Spokane, state of Washington, heretofore, to wit, on or about the 1st day of April, 1922, at Spokane, in the Northern division of the Eastern district of Washington, and within the jurisdiction of this court, did then and there violate the Act of December 17, 1914, entitled 'An act to provide for the registration of, with collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes,' as amended February 24, 1919, in that he did then and there knowingly, willfully and unlawfully sell, barter and give to Ida Casey a compound, manufacture, and derivative of opium, to wit, one (1) tablet of morphine and a compound, manufacture, and derivative of coca leaves, to wit, three (3) tablets of cocaine, not in pursuance of any written order of Ida Casey on a form issued for that purpose by the Commissioner of Internal Revenue of the United States; that the defendant was a duly licensed physician and registered under the act; that Ida Casey was a person addicted to the habitual use of morphine and cocaine and known by the defendant to be so addicted; that Ida Casey did not require the administration of either morphine or cocaine by reason of any disease other than such addiction; that the defendant did not dispense any of the drugs for the purpose of treating any disease or condition other than such addiction; that none of the drugs so dispensed by the defendant was administered to or intended by the defendant to be administered to Ida Casey by the defendant or any nurse, or person acting under the direction of the defendant, nor were any of the drugs consumed or intended to be consumed by Ida Casey in the presence of the defendant, but that all of the drugs were put in the possession or control of Ida Casey with the intention on the part of the defendant that Ida Casey

Page 12

would use the same by self-administration in divided doses over a period of time, the amount of each of said drugs dispensed being more than sufficient or necessary to satisfy the cravings of Ida Casey therefor if consumed by her all at one time; that Ida Casey was not in any way restrained or prevented from disposing of the drugs in any manner she saw fit and that the drugs so dispensed by the defendant were in the form in which said drugs are usually consumed by persons addicted to the habitual use thereof to satisfy their craving therefor and were adapted for consumption—contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States.

The Harrison Narcotic Law, approved December 17, 1914 (38 Stat. 785, c. 1 [Comp. St. §§ 6287g-6287q])—12 sections—is entitled:

'An act to provide for the registration of, with collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes.'

Section 1 provides:

'That on and after the first day of March, nineteen hundred and fifteen, every person [with exceptions not here important] who produces, imports, manufactures, compounds, deals in, dispenses, sells, distributes, or gives away opium or coca leaves or any compound, manufacture, salt, derivative, or preparation thereof, shall register with the collector of internal revenue,' and shall pay a special annual tax of $1.

Also:

'It shall be unlawful for any person required to register under the terms of this act to produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away any of the aforesaid drugs without having registered and paid the special tax provided for in this section. * * * The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury,

Page 13

shall make all needful rules and regulations for carrying the provisions of this act into effect.'

Sec. 2 provides:

'That it shall be unlawful for any person to sell, barter, exchange, or give away any of the aforesaid drugs except in pursuance of a written order of the person to whom such article is sold, bartered, exchanged, or given, on a form to be issued in blank for that purpose by the Commissioner of Internal Revenue. [The giver is required to retain a duplicate and the acceptor to keep the original order for two years, subject to inspection.] Nothing contained in this section shall apply——

'(a) To the dispensing or distribution of any of the aforesaid drugs to a patient by a physician, dentist, or veterinary surgeon registered under this act in the course of his professional practice only: Provided, that such physician, dentist, or veterinary surgeon shall keep a record of all such drugs dispensed or distributed, showing the amount dispensed or distributed, the date, and the name and address of the patient to whom such drugs are dispensed or distributed, except such as may be dispensed or distributed to a patient upon whom such physician, dentist or veterinary surgeon shall personally attend; and such record shall be kept for a period of two years from the date of dispensing or distributing such drugs, subject to inspection, as provided in this act.

'(b) * * *

'(c) * * *

'(d) * * *

'The Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall cause suitable forms to be prepared for the purposes above mentioned. * * * It shall be unlawful for any person to obtain by means of said order forms any of the aforesaid drugs for any purpose other than the use, sale, or distribution thereof by him in the conduct of a lawful business in said drugs or in the legitimate practice of his profession. * * *'-

Page 14

Section 8:

'That it shall be unlawful for any person not registered under the provisions of this act, and who has not paid the special tax provided for by this act, to have in his possession or under his control any of the aforesaid drugs; and such possession or control shall be presumptive evidence of a violation of this section, and also of a violation of the provisions of section one of this act: Provided, that this section shall not apply to any employee of a registered person, or to a nurse under the supervision of a physician, dentist, or veterinary surgeon registered under this act, having such possession or control by virtue of his employment or occupation and not on his own account; or to the possession of any of the aforesaid drugs which has or have been prescribed in good faith by a physician, dentist, or veterinary surgeon registered under this act; or to any United States, state, county, municipal, District, territorial, or insular officer or official who has possession of any said drugs, by reason of his official duties, or to a warehouseman holding possession for a person registered and who has paid the taxes under this act; or to common carriers engaged in transporting such drugs: Provided further, that it shall not be necessary to negative any of the aforesaid exemptions in any complaint, information, indictment, or other writ or proceeding laid or brought under this act; and the burden of proof of any such exemption shall be upon the defendant.'

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117 practice notes
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • 17 Febrero 1936
    ...intrusted to the government.' Chief Justice Marshall, in McCulloch v. Maryland, 4 Wheat. 316, 423, 4 L.Ed. 579; Linder v. United States, 268 U.S. 5, 15, 17, 45 S.Ct. 446, 69 L.Ed. 819, 39 A.L.R. 229. The government's argument recognizes this essential limitation. The government's contention......
  • United States v. Zirpolo, Cr. A. No. 75-67.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 1 Agosto 1968
    ...168 (8 Cir. 1963). Additionally as the Court, in the Marshall case, supra, 355 F.2d at p. 1004, in distinguishing Linder v. United States, 268 U.S. 5, 45 S.Ct. 446, 69 L.Ed. 819 (1925), relied upon by the defendants both there and here, "Nor do we believe that § 1952 constitutes an attempt ......
  • Jointrefugee Committee v. Grath National Council Offriendship v. Grath International Workers Order v. Grath, ANTI-FASCIST
    • United States
    • United States Supreme Court
    • 30 Abril 1951
    ...855, 863—864, 80 L.Ed. 1160; United States v. Butler, 297 U.S. 1, 68—78, 56 S.Ct. 312, 320—325, 80 L.Ed. 477; Linder v. United States, 268 U.S. 5, 17, 45 S.Ct. 446, 448, 69 L.Ed. 819; M'Culloch v. State of Maryland, 4 Wheat. 316, 423, 4 L.Ed. 579. 14. Rule 17(b) of the Federal Rules of Civi......
  • Cloverleaf Butter Co v. Patterson, No. 28
    • United States
    • United States Supreme Court
    • 2 Febrero 1942
    ...must be obtained from statutory provisions reasonably adapted to the constitutional objects of the legislation. Linder v. United States, 268 U.S. 5, 17, 45 S.Ct. 446, 448, 69 L.Ed. 819, 39 A.L.R. 229. But here the respondent's contention is inapplicable because the regulatory provisions in ......
  • Request a trial to view additional results
116 cases
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • 17 Febrero 1936
    ...intrusted to the government.' Chief Justice Marshall, in McCulloch v. Maryland, 4 Wheat. 316, 423, 4 L.Ed. 579; Linder v. United States, 268 U.S. 5, 15, 17, 45 S.Ct. 446, 69 L.Ed. 819, 39 A.L.R. 229. The government's argument recognizes this essential limitation. The government's contention......
  • United States v. Zirpolo, Cr. A. No. 75-67.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 1 Agosto 1968
    ...168 (8 Cir. 1963). Additionally as the Court, in the Marshall case, supra, 355 F.2d at p. 1004, in distinguishing Linder v. United States, 268 U.S. 5, 45 S.Ct. 446, 69 L.Ed. 819 (1925), relied upon by the defendants both there and here, "Nor do we believe that § 1952 constitutes an att......
  • Jointrefugee Committee v. Grath National Council Offriendship v. Grath International Workers Order v. Grath, ANTI-FASCIST
    • United States
    • United States Supreme Court
    • 30 Abril 1951
    ...855, 863—864, 80 L.Ed. 1160; United States v. Butler, 297 U.S. 1, 68—78, 56 S.Ct. 312, 320—325, 80 L.Ed. 477; Linder v. United States, 268 U.S. 5, 17, 45 S.Ct. 446, 448, 69 L.Ed. 819; M'Culloch v. State of Maryland, 4 Wheat. 316, 423, 4 L.Ed. 579. 14. Rule 17(b) of the Federal Rules of Civi......
  • Cloverleaf Butter Co v. Patterson, No. 28
    • United States
    • United States Supreme Court
    • 2 Febrero 1942
    ...must be obtained from statutory provisions reasonably adapted to the constitutional objects of the legislation. Linder v. United States, 268 U.S. 5, 17, 45 S.Ct. 446, 448, 69 L.Ed. 819, 39 A.L.R. 229. But here the respondent's contention is inapplicable because the regulatory provisions in ......
  • Request a trial to view additional results
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