American Express Company v. Iowa

The American Express Company received at Rock Island, Illinois, on or about March 29, 1900, four boxes of merchandise to be carried to Tama, Iowa, to be there delivered to four different persons, one of the packages being consigned to each. The shipment was C. O. D., $3 to be collected on each package, exclusive of 35 cents for carriage on each. On March 31 the merchandise reached Tama, and on that day was seized in the hands of the express agent. This was based on an information before a justice of the peace, charging that the packages contained intoxicating liquor held by the express company for sale. The express company and its agent answered, setting up the receipt of the packages in Illinois, not for sale in Iowa, but for carriage and delivery to the consignees. An agreed statement of facts was stipulated admitting the receipt, the carriage, and the holding of the packages as above stated. The seizure was sustained. Appeal was taken to a district court. The express company and its agent amended their answer, specially setting up the commerce clause of the Constitution of the United States. There was judgment in favor of the express company, and the state of Iowa appealed to the supreme court and obtained a reversal. 118 Iowa, 447, 92 N. W. 66. This writ of error was prosecuted.

Mr. Lewis Cass Ledyard for plaintiffs in error.

[Argument of Counsel from pages 134-138 intentionally omitted]

Mr. Charles W. Mullan for defendant in error.

[Argument of Counsel from pages 138-140 intentionally omitted]

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court: