In re Bergen

Citations

• 115 F. 339
• 1900 U.S. App. LEXIS 4965

Syllabus

<p>1. Interstate Commerce — State Law Regulating Sale of Liquors — Constitutionality.</p> <p>Sess. Laws Kan. 1885, c. 149, § 12, which makes it a criminal offense to “take or receive any order for intoxicating liquors from any person in this state, other than a person authorized to sell the same as in this act provided,” as applied to a commercial traveler or agent for a liquor house having Its place of business in another state, who solicits and takes orders in Kansas from persons who desire liquors for their own use, and not for sale, which orders he forwards to his principal for acceptance or rejection, is an attempted interference with interstate commerce, and void, as in violation of the commerce clause of the federal constitution.1</p> <p>2. Same — Effect of Wilson Act.</p> <p>Act Aug. 8, 1890 (26 Stat. 313), commonly known as the “Wilson Act,” goes no further than to permit the police laws of a state to be applied to liquors which have been shipped into the state as an article of interstate commerce after such liquors have reached the end of the shipment and have been delivered to the consignee.</p>