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U.S. Supreme Court

William Jameson & Co. v. Morgenthau, 307 U.S. 171 (1939)

William Jameson & Co. v. Morgenthau

No. 717

Argued May 1, 1939

Decided May 15, 1939

307 U.S. 171


1. Section 3 of the Act of August 24, 1937, providing for a court of three judges and a direct appeal to this Court, is not applicable unless the questions raised as to the constitutional validity of an Act of Congress are substantial. P. 307 U. S. 172.

2. There is no substance in the contention that the Twenty-first Amendment gives to the States complete and exclusive control over commerce in intoxicating liquors, unlimited by the commerce clause, and hence that Congress has no longer authority to control the importation of these commodities into the United States. P. 307 U. S. 172.

3. A suit challenging the validity of regulations and administrative action under the Federal Alcohol Administration Act, but raising no substantial question of constitutional validity as to the Act itself, is not within § 3 of the Act of August 24, 1937, providing for a three-judge District Court, and direct appeal to this Court, in cases of attack upon an "Act of Congress" upon the ground that "such Act or any part thereof is repugnant to the Constitution of the United States." P. 307 U. S. 173.

4. Lacking jurisdiction to review the merits on an appeal mistakenly taken under § 3 of the Act of August 24, 1937, this Court vacates the decree below and remands the case to the District Court for further proceedings to be taken independently of that section. P. 307 U. S. 174.

25 F.Supp. 771, decree vacated.

Appeal from a decree of the District Court denying an application for a preliminary injunction and dismissing the bill in a suit to enjoin enforcement of provisions of the Alcohol Administration Act and of regulations thereunder. chanrobles.com-red

Page 307 U. S. 172