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DAWSON v. KENTUCKY DISTILLERIES & WAREHOUSE CO.

Nos. 439, 582.

255 U.S. 288 (1921)

41 S.Ct. 272

65 L.Ed. 638

DAWSON, ATTORNEY GENERAL OF THE STATE OF KENTUCKY, ET AL. v. KENTUCKY DISTILLERIES & WAREHOUSE COMPANY. DAWSON, ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY, AND INDIVIDUALLY, ET AL. v. J. & A. FREIBERG COMPANY, INCORPORATED.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Chas. I. Dawson, Attorney General of the Commonwealth of Kentucky, with whom Mr. W.T. Fowler, Assistant Attorney General of the Commonwealth of Kentucky, was on the briefs, for appellants.

Mr. W. Overton Harris, for Louisville Public Warehouse Company, appellant in No. 582.

Mr. William Marshall Bullitt, with whom Mr. Levy Mayer was on the brief, for appellee in No. 439.

Mr. Thomas Kennedy Helm and Mr. Levi Cooke, with whom Mr. Edmund F. Trabue, Mr. John C. Doolan and Mr. James P. Helm, Jr., were on the brief, for appellee in No. 582.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

On March 12, 1920, the Legislature of Kentucky passed and the Governor approved an act which imposed upon every person engaged in the business of manufacturing whisky or "in the business of owning and storing" the same in bonded warehouses within the State what was called an "annual license tax" of fifty cents a gallon upon all whisky either withdrawn from bond or transferred in bond from Kentucky to a point...

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