· 5/16/1904

Ohio Ex Rel. Lloyd v. Dollison

Citations

194 U.S. 445
24 S. Ct. 703
48 L. Ed. 1062
1904 U.S. LEXIS 840

Syllabus

The first eight articles of the amendments to the Constitution of the United States have reference to powers exercised by the. government of the United States, and not to those of the States. The power of the State over the liquor traffic is such that the traffic may be absolutely prohibited, and that being so it may be prohibited conditionally and a local option law does not necessarily deny to any person equal protection of the laws because the sale-of liquor is by the operation of such a law a crime in certain territory and not in other territory. This court will not anticipate the judgment of the state court by deciding’ what persons are qualified to act as jurdrs before the trial and one who is to be tried cannot complain until he is made to suffer. • •' It is not necessarily a deprivation of liberty or property without due. process of law to commit to the judgment of a court the amount of punishment for illegal liquor selling. • The Ohio local option law regulating the sale of liquor is not unconstitutional as depriving one attempting to sell liquor in that if the State in ' which such sale is prohibited of his liberty or property without due process of law or denying him the equal protection of the laws.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that equal protection claim could “only be sustained if the statute treat[s] plaintiff in error differently from what it does others who are in the same situation as he,—that is, in the same relation to the purpose of the statute.”
“It is well established that the first eight articles of the amendments to the Constitution of the United States have reference to powers exercised by the Government of the United States, and not to those of the states.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKenna

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