Mugler v. Kansas

123 U.S. 623 (1887)

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Nature of the Case

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Facts

Three cases are involved with the first two against Mugler (D), and the third against Ziebold & Hagelin (D) each case relating to the manufacture and sale of intoxicating liquors under Kansas law. Mugler (D) was fined, in each case, one hundred dollars, and ordered to be committed to the county jail until the fine was paid. Each judgment was affirmed by the Supreme Court of Kansas. Mugler (D) claims he was denied rights, privileges, and immunities guaranteed by the Constitution of the United States. For Ziebold & Hagelin (D) P wanted them adjudged a common nuisance and to be shut down. Ziebold & Hagelin (D) denied the allegations and stated that their building was built long before the prohibition statutes and that they were erected for the purpose of manufacturing beer, and cannot be put to any other use; and, if not so used, they will be of little value. They claim the statute is void under the Fourteenth Amendment of the Constitution of the United States. Their suit was removed to the Circuit Court of the United States and a motion to remand it to the state court was denied. P declared that the manufacture and sale of intoxicating liquors should be forever prohibited in that State, except for medical, scientific, and mechanical purposes. All three defendants had engaged in the manufacture of beer. The buildings and machinery are of little value if not used for the purpose of manufacturing beer; that is to say if the statutes are enforced against Ds the value of their property will be very materially diminished. Ds all claimed that the statute abridged the privileges or immunities of citizens of the United States. The circuit court ruled for Ds, and P appealed to the United States Supreme Court. The Supreme Court granted certiorari.