United States v. Jin Fuey Moy, No. 525

CourtUnited States Supreme Court
Writing for the CourtHolmes
Citation241 U.S. 394,60 L.Ed. 1061,36 S.Ct. 658
PartiesUNITED STATES, Plff. in Err., v. JIN FUEY MOY
Decision Date05 June 1916
Docket NumberNo. 525

241 U.S. 394
36 S.Ct. 658
60 L.Ed. 1061
UNITED STATES, Plff. in Err.,

v.

JIN FUEY MOY.

No. 525.
Argued December 7, 1915.
Decided June 5, 1916.

Page 395

Assistant Attorney General Wallace and Mr. W. C. Herron for plaintiff in error.

[Argument of Counsel from pages 395-396 intentionally omitted]

Page 397

Messrs. H. Ralph Burton, Levi Cooke, George X. McLanahan, and William Strite McDowell for defendant in error.

[Argument of Counsel from pages 397-399 intentionally omitted]

Page 399

Mr. Justice Holmes delivered the opinion of the court:

This is an indictment under § 8 of the act of December 17, 1914, chap. 1, 38 Stat. at L. 785, 789. It was quashed by the district court on the ground that the statute did not apply to the case. 225 Fed. 1003. The indictment charges a conspiracy with Willie Martin to have in Martin's possession opium and salts thereof, to wit, one dram of morphine sulphate. It alleges that Martin was not registered with the collector of internal revenue of the district, and had not paid the special tax required; that the defendant, for the purpose of executing the conspiracy, issued to Martin a written prescription for the morphine sulphate, and that he did not issue it in good faith, but knew that the drug was not given for medicinal purposes, but for the purpose of supplying one addicted to the use of opium. The question is whether the possession conspired for is within the prohibitions of the act.

The act 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.' By § 1 the persons mentioned in the title are required to register, and to pay

Page 400

a special tax at the rate of $1 per annum, with certain exceptions, and it is made unlawful for the persons required to register to produce, etc., the drugs without having registered and paid the special tax. All provisions of law relating to special taxes are extended to this tax. By § 2 it is declared unlawful for any person to sell or give away the drugs mentioned without a written order, provided for, excepting deliveries by physicians, etc., or on their order, and certain other cases. Then, after provision for returns, it is made unlawful by § 4 for any person who shall not have registered and paid the special tax to send, carry, or deliver the drugs in such commerce as Congress controls, again with exceptions. By § 6 preparations containing certain small proportions of the drugs are excluded from the operation of the act, under conditions. By § 7 internal revenue tax laws are made applicable, and then comes § 8, under which the indictment is framed.

By § 8 it is declared unlawful for...

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313 practice notes
  • Rogers v. Loether, No. 71-1145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 29, 1972
    ...construed, if fairly possible, so as to avoid not only the conclusion that it is unconstitutional, but also grave doubts upon that score." 241 U.S. 394, 401, 36 S.Ct. 658, 659, 60 L.Ed. 1061. See also United States v. Campos-Serrano, 404 U.S. 293, 92 S.Ct. 471, 30 L.Ed.2d 457.467 F.2d 1124 ......
  • Thompson v. Washington, No. 71-2049.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 10, 1973
    ...S.Ct. 285, 76 L.Ed. 598 (1932); Lucas v. Alexander, 279 U.S. 573, 577, 49 S.Ct. 426, 73 L.Ed. 851 (1929); United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061 (1916); United States v. Delaware & Hudson Co., 213 U.S. 366, 408, 29 S.Ct. 527, 53 L.Ed. 836 (1909). 30 Co......
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • February 17, 1936
    ...1108. 8 E.g., United States v. Delaware & Hudson Co., 213 U.S. 366, 407, 408, 29 S.Ct. 527, 53 L.Ed. 836; United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061, Ann.Cas.1917D, 854; Baender v. Barnett, 255 U.S. 224, 41 S.Ct. 271, 65 L.Ed. 597; Texas v. Eastern Texas R......
  • Al Bahlul v. United States, No. 11–1324.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 14, 2014
    ...(2006) (emphases added), it is not “fairly possible” to read the statute to apply only prospectively. United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061 (1916) (Holmes, J.).Hamdan II perceived a “tight causal link between (i) Congress's belief that the statute cod......
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313 cases
  • Rogers v. Loether, No. 71-1145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 29, 1972
    ...if fairly possible, so as to avoid not only the conclusion that it is unconstitutional, but also grave doubts upon that score." 241 U.S. 394, 401, 36 S.Ct. 658, 659, 60 L.Ed. 1061. See also United States v. Campos-Serrano, 404 U.S. 293, 92 S.Ct. 471, 30 L.Ed.2d 457.467 F.2d 1124 Even i......
  • Thompson v. Washington, No. 71-2049.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 10, 1973
    ...S.Ct. 285, 76 L.Ed. 598 (1932); Lucas v. Alexander, 279 U.S. 573, 577, 49 S.Ct. 426, 73 L.Ed. 851 (1929); United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061 (1916); United States v. Delaware & Hudson Co., 213 U.S. 366, 408, 29 S.Ct. 527, 53 L.Ed. 836 (1909). 3......
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • February 17, 1936
    ...8 E.g., United States v. Delaware & Hudson Co., 213 U.S. 366, 407, 408, 29 S.Ct. 527, 53 L.Ed. 836; United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061, Ann.Cas.1917D, 854; Baender v. Barnett, 255 U.S. 224, 41 S.Ct. 271, 65 L.Ed. 597; Texas v. Eastern Texas R. ......
  • Al Bahlul v. United States, No. 11–1324.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 14, 2014
    ...(2006) (emphases added), it is not “fairly possible” to read the statute to apply only prospectively. United States v. Jin Fuey Moy, 241 U.S. 394, 401, 36 S.Ct. 658, 60 L.Ed. 1061 (1916) (Holmes, J.).Hamdan II perceived a “tight causal link between (i) Congress's belief that the statute cod......
  • Request a trial to view additional results

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