United States Supreme Court Cases & Opinions

U.S. Supreme Court

De Bary & Co. v. Louisiana, 227 U.S. 108 (1913)

De Bary & Company v. Louisiana

No. 696

Motion to affirm submitted January 10, 1913

Decided January 27, 1913

227 U.S. 108

Syllabus

Under the Wilson Act of August 8, 1890, 26 Stat. 313, a state may impose a license for regulating the sale of liquor in original packages brought from foreign countries, as well as that brought from other states.

Where a statute refers to "all" liquors transported into a state or territory, the point of origin is immaterial, and the law applies to liquors alike from other states and from foreign countries.

The intent of Congress in enacting the Wilson Act was to give the several states power to deal with all liquors coming from outside to within their respective limits, and this purpose would be defeated if the act were construed so as not to include liquors from foreign countries as well as from other states.

An act of Congress, such as the Wilson Act, will not be so construed as to confer upon foreign producers of an article a right specifically denied to domestic producers of that article.

130 La. 1090 affirmed.

Page 227 U. S. 109

The facts, which involve the construction of the Wilson Act, are stated in the opinion.