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United States v. Shelley, 229 U.S. 239 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Shelley, 229 U.S. 239 (1913)
United States v. Shelley No. 943 Argued April 11, 1913 Decided May 26, 1913 229 U.S. 239
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
The mere mixing of smoking opium with the residue of opium that has been smoked, and heating the same, is not a manufacture of opium for smoking purpose within the meaning of § 36 of McKinley Tariff Law of October 1, 1890.
Criminal statutes ought not to be extended by construction.
A statute which is primarily designed as a taxing act to raise revenue on, and not one to suppress the manufacture of, a specified article will not be construed so as to subject the same substance more than once to the tax ,or to require surveillance over places where the secondary treatment is conducted as well a over the factory of primary manufacture.
The prohibition against manufacturing smoking opium under § 36 of the Tariff Act of 1890 is not more extensive than the clause taxing the article, and if the article produced is not taxable thereunder, there is no violation thereof in its production.
The facts, which involve the construction of provisions of § 36 of the McKinley Tariff Law in regard to the manufacture of opium, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Shelley, 229 U.S. 239 (1913) in 229 U.S. 239 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=V8PQ1HNHARB3EZ1.
MLA: U.S. Supreme Court. "Syllabus." United States v. Shelley, 229 U.S. 239 (1913), in 229 U.S. 239, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=V8PQ1HNHARB3EZ1.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Shelley, 229 U.S. 239 (1913). cited in 1913, 229 U.S. 239. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=V8PQ1HNHARB3EZ1.
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