MCGUIRE V. THE COMMONWEALTH
Decision Date | 01 January 1865 |
Citation | 70 U. S. 387 |
Court | U.S. Supreme Court |
ERROR TO THE SUPERIOR
COURT OF MASSACHUSETTS
1. A license granted by the United States under the internal Revenue Act of July 1, 1862, to carry on the business of the wholesale liquor dealer in a particular state named, does not, although it have been granted in
consideration for a fee paid give the licensee power to carry on the business in violation of the state laws forbidding such business to be carried on within its limits.
2. The preceding case affirmed as to the point of jurisdiction; point No. 1 of the syllabus.
A statute of Massachusetts [Footnote 1] enacts, that "all buildings, places, or tenements, used for the illegal keeping or sale of intoxicating liquors, shall be deemed common nuisances," and makes the keeping of such nuisance an offense punishable with fine and imprisonment. McGuire kept and maintained such a tenement at No. 6 Derby Square, Salem, Essex County, Massachusetts, and was indicted, in one of the courts of Massachusetts, accordingly.
Mr. McGuire's license thus ran:
McGuire was found and adjudged guilty, and the case having been taken to the superior court of the State of Massachusetts, and the judgment below affirmed, the case was now here under the well known 25th section of the Judiciary Act, authorizing reexamination of a final judgment in the highest court of a state, in which is drawn in question the validity of an authority exercised under the United States, the decision being against the validity.
The court below decided that the license received under the act of Congress gave to the defendant no...
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...the federal law found a business in existence, and it taxed it without undertaking to give it any protection whatever.-- McGuire v. Com., 70 U.S. 387, 3 Wall. 387; Pervear v. Com., 72 U.S. 475, 5 Wall. 475. would have prevented the state from taxing the same traffic at the same time? Is it ......
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... ... constitution, as they shall judge to be for the good and ... welfare of the commonwealth, and of the subjects of the same ... It is much easier to perceive and realize the existence and ... sources of this power than to mark its ... liquors. This question is determined by the license cases ... found, eo nomine, McGuire v. Com. , ... 70 U.S. 387, 3 Wall. 387, 18 L.Ed. 226, and License Tax ... Cases , 72 U.S. 462, 5 Wall. 462, 18 L.Ed. 497, in which ... the ... ...
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