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The Harrison Narcotic Act was held constitutional by the United States Supreme Court in United States v. Doremus, 249 U. S. 86, decided, March 3, 1919. The defendant offered no argument against constitutionality, and yet four of the nine justices dissented from the judgment. Moreover, the doubt as to its correctness, shown by the divided vote, has increased. In a decision just rendered in United States v. Daugherty, Jan. 4, 1926, the court said:
The constitutionality of the Antinarcotic act, touching which this court so sharply divided in United States v. Doremus, 249 U. S. 86, was not raised below and has not been again considered. The doctrine approved in Hammer v. Dagenhart, 247 U. S. 251; Child Labor Tax Case, 259 U. S. 20; Hill v. Wallace, 259 U. S. 44, 67, and Linder v. United States, 268 U. S. 5, may necessitate a review of that question if
UNITED STATES SUPREME COURT DISTRUSTS THE HARRISON NARCOTIC ACT. JAMA. 1926;86(9):627–628. doi:10.1001/jama.1926.02670350037014