1900.] HASTINGS—POLICE POWER OF THE STATE. S0T 
CHAPTER: Xie 
PoLICcE POWER PREVAILS AGAINST PROPERTY, But Nor AGAINST 
COMMERCE. 
The case of * Mugler vs. Kansas ended the contention of liquor 
dealers and manufacturers that prohibitory laws are an unconstitu- 
tional attack on their property. Peter Mugler was prosecuted in 
Saline county, Kansas, for manufacturing intoxicating liquors 
without a permit. Ziebold & Hagelin, of Atchison county, in that 
state, were proceeded against to have their brewery in that county 
declared a nuisance and abated, also that they be enjoined from 
using it as a brewery except in accordance with Kansas laws. 
Mugler’s case was decided against him in the state courts, and he 
procured a writ of error from the Supreme Court of the United 
States. Ziebold & Hagelin’s case was transferred by them to the 
United States Circuit Court of Kansas and there tried and dis- 
missed, and appealed by the state to the federal Supreme Court. 
So there were two actions—one brought by Mugler to reverse 
the convictions against him in the state court, and the other 
brought by the state to reverse the action of the federal Circuit 
Court in dismissing its proceedings against the Atchison brewers. In 
both cases the question was the constitutionality of the Kansas 
constitution and legislation. 
In 1868 that state had passed a law making it a misdemeanor to 
sell intoxicants without a license and requiring that all places 
where liquors were so sold should be deemed common nuisances 
and abated as such. In 1880 the state adopted an amendment to 
its constitution forever forbidding the manufacture and sale of 
intoxicating liquors in that state except for medicinal, mechanical 
and scientific purposes. To enforce this amendment, in February, 
188t, the legislature of the state passed an act requiring the obtain- 
ing of a permit for the manufacture or sale of liquors for such pur- 
poses, and forbidding all other sales, and providing a system of 
penalties for violation of the act. 
t 123 U. S., 623 (1887). 
