jin fuey moy argued december decided june assistant attorney general wallace herron plaintiff error ralph burton levi cooke george mclanahan william strite mcdowell defendant error justice holmes delivered opinion indictment act december chap stat quashed district ground statute apply case fed indictment charges conspiracy willie martin martin possession opium salts thereof wit one dram morphine sulphate alleges martin registered collector internal revenue district paid special tax required defendant purpose executing conspiracy issued martin written prescription morphine sulphate issue good faith knew drug given medicinal purposes purpose supplying one addicted use opium question whether possession conspired within prohibitions act act entitled act provide registration collectors internal revenue impose special tax upon persons produce import manufacture compound deal dispense sell distribute give away opium coca leaves salts derivatives preparations purposes persons mentioned title required register pay special tax rate per annum certain exceptions made unlawful persons required register produce drugs without registered paid special tax provisions law relating special taxes extended tax declared unlawful person sell give away drugs mentioned without written order provided excepting deliveries physicians order certain cases provision returns made unlawful person shall registered paid special tax send carry deliver drugs commerce congress controls exceptions preparations containing certain small proportions drugs excluded operation act conditions internal revenue tax laws made applicable comes indictment framed declared unlawful person registered paid special tax possession control said drugs possession control made presumptive evidence violation section proviso section shall apply employee registered person certain others qualifications possession drugs prescribed good faith physician registered act possession others finally provided exemptions need negatived indictment burden proving shall upon defendant district judge considered act revenue act general words person must confined class persons act previously purporting deal government hand contends act passed two others order carry international opium convention stat congress gave appearance taxing measure order give coating constitutionality really police measure strained powers legislature means says taking words plain literal sense statute must construed fairly possible avoid conclusion unconstitutional also grave doubts upon score ex rel atty delaware ed sup know judicially opium produced difficulties case less hardly warranted assumption act purports deal produce congress events contemplated production therefore act must construed hypothesis takes place opium produced obviously gravest question power raised attempt congress make possession opium crime de witt wall ed government invokes article constitution treaties made authority shall law land question arises statute treaty statute purport execution treaty calls registration taxing act provision us required opium convention whether section entitled supremacy claimed government treaties say least another grave question reasonably possible act read avoid foregoing consideration gains additional force penalty imposed upon person violates requirements act fine imprisonment five years discretion words escape warrant conclusion congress meant strain powers almost quite breaking point order make probably large proportion citizens preparation opium possession criminal least prima facie criminal subject serious punishment made possible may assumed statute moral end well revenue view opinion district treating ends reached revenue measure within limits revenue measure right approaching issue point view conclude person registered taken mean person must taken refer class statute undertakes deal persons required register true exemption possession drugs prescribed good faith physician powerful argument taken broader meaning every question construction unique argument prevail one case may inadequate another exemption emption stands alongside one saves employees registered persons nurses supervision physician far vague may mind persons carrying doctor orders rather patients general purpose seems apply possession exemptions similar applied registration even moment scope intent act lost sight proviso enough overcome dominant considerations prevail mind judgment affirmed justice hughes justice pitney dissent