MISSOURI PAC. RY. CO. v. KANSAS

No. 14.

248 U.S. 276 (1919)

MISSOURI PACIFIC RAILWAY COMPANY v. STATE OF KANSAS.

Supreme Court of United States.

Decided January 7, 1919.


Attorney(s) appearing for the Case

Mr. W.P. Waggener and Mr. J.M. Challiss for plaintiff in error.

Mr. Jas. P. Coleman, Mr. S.M. Brewster, Attorney General of the State of Kansas, and Mr. Wayne B. Wheeler for defendant in error.

Mr. Everett P. Wheeler and Mr. Eliot Tuckerman, by leave of court, filed a brief as amici curiae, in support of the construction rejected in this case. See post, p. 599.


MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

To avoid penalties sought to be imposed upon it for illegally carrying intoxicating liquors from another State into Kansas, the defendant railroad, plaintiff in error, asserted as follows: (1) That the state law was void as an attempt by the State to regulate commerce and thus usurp the authority alone possessed by Congress; (2) that if such result was sought to...

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