United States v. Jin Fuey Moy, No. 525
| Court | United States Supreme Court |
| Writing for the Court | Holmes |
| Citation | 241 U.S. 394,60 L.Ed. 1061,36 S.Ct. 658 |
| Parties | UNITED STATES, Plff. in Err., v. JIN FUEY MOY |
| Decision Date | 05 June 1916 |
| Docket Number | No. 525 |
v.
JIN FUEY MOY.
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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Rogers v. Loether, No. 71-1145.
...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 ......
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Thompson v. Washington, No. 71-2049.
...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......
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Ashwander v. Tennessee Valley Authority, Nos. 403
...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......
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Al Bahlul v. United States, No. 11–1324.
...(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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Rogers v. Loether, No. 71-1145.
...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.
...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......
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Ashwander v. Tennessee Valley Authority, Nos. 403
...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. ......
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Al Bahlul v. United States, No. 11–1324.
...(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......