In re Sims
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. All the material facts of this case are stated in the opinion herein, filed July 6, 1894. Our contention is that the power sought to be conferred by chapter 149, Laws of 1885, is violative of both the constitu- tion of the state of Kansas and the constitution of the United States, and hence is void.
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Original Proceeding in Habeas Corpus. All the material facts of this case are stated in the opinion herein, filed July 6, 1894. Our contention is that the power sought to be conferred by chapter 149, Laws of 1885, is violative of both the constitu- tion of the state of Kansas and the constitution of the United States, and hence is void. We say it is especially in violation of §§ 5 and 15 of the bill of rights of the constitution of Kansas, and of articles 5 and 14 of the amendments to the constitution of the United States. The legislature cannot exercise a power retained by the people, or not…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The petitioner was restrained of his liberty by the sheriff of Allen county, under a commitment issued by the county attorney for refusal to answer questions propounded to him touching violations of the prohibitory liquor law. Paragraph 2543 of the General Statutes of 1889 makes it the duty of the county attorney, when notified of any violation of the prohibitory law, to issue his subpoena commanding witnesses to appear before him, to swear such witnesses, examine them, reduce their testimony to writing, and cause it to be subscribed by such…
2Cases cited13 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- Malone v. MurphySupreme Court of Kansas · 1864
- Foreman v. CarterSupreme Court of Kansas · 1872
- Martin v. InghamSupreme Court of Kansas · 1888
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3Cited by45 opinions
- Leek v. TheisSupreme Court of Kansas · 1975
- State Ex Rel. Schneider v. BennettSupreme Court of Kansas · 1976
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Guardian Title Co. v. BellSupreme Court of Kansas · 1991
- State v. MitchellSupreme Court of Kansas · 1983
40 more not listed; retrieve them via the Exa API.