Joseph McKenna

“ These exceptions constitute the inequalities of the statute upon which plaintiff in error bases his contention. He is not one of the excepted classes. He is a retail dealer of liquor; maybe a saloon keeper, but of that the record does not clearly inform us. If, between his occupation and the excepted occupation, there is such difference as to justify a difference of legislation, necessarily he cannot complain; and, we think, there is a manifest difference. It is equally manifest if we should regard him as 'giving away' his liquor. ”

“ Applying the Constitution and the decision, plaintiff in error asserts that the district in which his offense was committed was necessarily the area of the operation of the statute, and it is only jurors selected from such district that will be indifferent between the state and him. It is only such jurors, he urges, that are his peers; and he defines a peer to be one 'capable of committing a like crime, and suffering a like punishment, and liable to a like disgrace.'
There are two answers to the contention. ”

“ The first contention can only be sustained if the statute treat plaintiff in error differently from what it does others who are in the same situation as he,-that is, in the same relation to the purpose of the statute. ”