Vigliotti v. Commonwealth of Pennsylvania, No. 530

CourtUnited States Supreme Court
Writing for the CourtBRANDEIS
Citation258 U.S. 403,42 S.Ct. 330,66 L.Ed. 686
PartiesVIGLIOTTI v. COMMONWEALTH OF PENNSYLVANIA
Docket NumberNo. 530
Decision Date10 April 1922

258 U.S. 403
42 S.Ct. 330
66 L.Ed. 686
VIGLIOTTI

v.

COMMONWEALTH OF PENNSYLVANIA.

No. 530.
Argued March 14, 1922.
Decided April 10, 1922.

Messrs. Frank Davis, Jr., of Washington, D. C., and H. S. Dumbauld, of Uniontown, Pa., for plaintiff in error.

[Argument of Counsel from pages 403-406 intentionally omitted]

Page 406

Mr. Geo. E. Alter, of Pittsburgh, Pa., for the Commonwealth of pennsylvania.

Page 407

Mr. Justice BRANDEIS delivered the opinion of the Court.

In the court of quarter sessions of Fayette county, Pa., Vigliotti was found guilty of selling, during the spring of 1920, spirituous liquor without a license, in violation of section 15 of the Act of May 13, 1887 (P. L. 108), known as the Brooks Law (Pa. St. 1920, § 14007). The liquor so sold was a preparation called 'Jamaica ginger,' containing 88 per cent. of alcohol. The defendant claimed seasonably that the state law as applied deprived him of rights guaranteed by the federal Constitution, because the sales complained of had been made after January 16, 1920, when the Eighteenth Amendment became effective, after which the Volstead Act was the only law applicable to sales of intoxicating liquors. This claim was overruled by the trial court; the defendant was sentenced; the judgment was affirmed by both the Superior Court (75 Pa. Sup. Ct. 366) and the Supreme Court of the state (271 Pa. 10, 115 Atl. 20), and the case comes here on writ of error under section 237 of the Judicial Code as amended (Comp. St. § 1214). The question presented for our decision is whether the provision of the Brooks Law here applied had been superseded by the Eighteenth Amendment and the Volstead Act (41 Stat. 305).

The Brooks Law, as construed by the courts of the state. prohibits every sale of spirituous liquor without a license, excepting only such sales as are made by druggists, and these are forbidden to sell intoxicating liquors except on prescription of a regular physician. The law applies, however small the percentage of alcohol, and although the liquor is not intoxicating. It applies to liquor sold solely for industrial uses. It does not purport to confer upon any one anywhere the right to a license, nor does it authorize the sale of liquor in any city or county having a special prohibitory law. It merely grants to the appropriate officials, where such authority exists, discretion to

Page 408

give or to withhold the license under the conditions prescribed. In case of an indictment...

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61 practice notes
  • Chapman v. Boynton, No. 1734.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • May 13, 1933
    ...which the Eighteenth Amendment prohibits. United States v. Lanza, 260 U. S. 377, 43 S. Ct. 141, 67 L. Ed. 314; Vigliotti v. Pennsylvania, 258 U. S. 403, 42 S. Ct. 330, 66 L. Ed. 686. Since this question has been definitely decided, it ceases to be a federal While it may not be necessary to ......
  • State v. Moore
    • United States
    • United States State Supreme Court of Idaho
    • December 30, 1922
    ...no power to deal with the subject of intoxicating liquors except the power to license and regulate. (Vigliotti v. Com. of Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 66 L.Ed. 686; Commonwealth v. Vigliotti, 271 Pa. 10, 115 A. 20; People v. Nickerson, 236 Mass. 281, 10 A. L. R. 1568, 128 N.E. ......
  • Commonwealth v. Stofchek
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1936
    ...700, 34 S.Ct. 464, 58 L.Ed. 803; Commonwealth v. Vigliotti, 271 Pa. 10, 115 A. 20, affirmed Vigliotti v. Commonwealth of Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 66 L.Ed, 686; In re Hoover (D.C.) 30 F. This state has adopted many acts aimed at the beneficial supervision of the traffic in i......
  • Blumenthal v. United States, No. 10596-10600
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 9, 1937
    ...Amendment and the enactment of the Volstead Act, but regulatory laws were not necessarily so repealed. Vigliotti v. Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 331, 66 L.Ed. 686; Kennedy v. United States, 265 U.S. 344, 44 S.Ct. 501, 68 L.Ed. 1045; McCormick & Co. v. Brown, 286 U.S. 131, 52 S.......
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61 cases
  • Chapman v. Boynton, No. 1734.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • May 13, 1933
    ...which the Eighteenth Amendment prohibits. United States v. Lanza, 260 U. S. 377, 43 S. Ct. 141, 67 L. Ed. 314; Vigliotti v. Pennsylvania, 258 U. S. 403, 42 S. Ct. 330, 66 L. Ed. 686. Since this question has been definitely decided, it ceases to be a federal While it may not be necessary to ......
  • State v. Moore
    • United States
    • United States State Supreme Court of Idaho
    • December 30, 1922
    ...no power to deal with the subject of intoxicating liquors except the power to license and regulate. (Vigliotti v. Com. of Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 66 L.Ed. 686; Commonwealth v. Vigliotti, 271 Pa. 10, 115 A. 20; People v. Nickerson, 236 Mass. 281, 10 A. L. R. 1568, 128 N.E. ......
  • Commonwealth v. Stofchek
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 26, 1936
    ...700, 34 S.Ct. 464, 58 L.Ed. 803; Commonwealth v. Vigliotti, 271 Pa. 10, 115 A. 20, affirmed Vigliotti v. Commonwealth of Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 66 L.Ed, 686; In re Hoover (D.C.) 30 F. This state has adopted many acts aimed at the beneficial supervision of the traffic in i......
  • Blumenthal v. United States, No. 10596-10600
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 9, 1937
    ...Amendment and the enactment of the Volstead Act, but regulatory laws were not necessarily so repealed. Vigliotti v. Pennsylvania, 258 U.S. 403, 42 S.Ct. 330, 331, 66 L.Ed. 686; Kennedy v. United States, 265 U.S. 344, 44 S.Ct. 501, 68 L.Ed. 1045; McCormick & Co. v. Brown, 286 U.S. 131, 52 S.......
  • Request a trial to view additional results

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