Ex-Parte Livingston
Nevada Supreme Court
Application for habeas corpus. The facts are stated in the opinion. I. The act under which petitioner was convicted. is unconstitutional. It embraces more than one subject, viz., the subject of selling liquors, and the subject of gambling and games of chance, and the subject of the duties and punishment of peace officers. (Davis v. State, 7 Md. 151; 61 Am. Dec. 331; Cool. Con. Lim., Sec. 173.) The act applies to grocery stores and restaurants where liquor is sold. II.
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Application for habeas corpus. The facts are stated in the opinion. I. The act under which petitioner was convicted. is unconstitutional. It embraces more than one subject, viz., the subject of selling liquors, and the subject of gambling and games of chance, and the subject of the duties and punishment of peace officers. (Davis v. State, 7 Md. 151; 61 Am. Dec. 331; Cool. Con. Lim., Sec. 173.) The act applies to grocery stores and restaurants where liquor is sold. II. The true and actual subject or object of the act must be expressed in the title. (People v. Hills, 35 N. Y. 453; State v.…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Petitioner, having been arrested for a violation of the “ act fixing the time for the opening and closing of saloons and gaming- houses,” (Stat. 1889, 71,) asks to be discharged from custody, upon the ground that said act is unconstitutional. The authority of the legislature, under the police power of the state, to pass acts regulating or prohibiting the sale of spirituous liquors, or regulating or suppressing gambling, is unquestioned. (State v. Ah Chew, 16 Nev. 55; 40 Am. Rep. 488; State v. Donovan, 20 Nev. 75.) This authority is expressly admitted by counsel for…
2Cases cited12 opinions
- Montclair v. RamsdellSupreme Court of the United States · 1883
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Jonesboro City v. Cairo & St. Louis RailroadSupreme Court of the United States · 1884
- Carter County v. SintonSupreme Court of the United States · 1887
- State ex rel. Coffin v. AthertonNevada Supreme Court · 1886
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3Cited by7 opinions
- Ex Parte BoyceNevada Supreme Court · 1904
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- Sheriff v. MillerNevada Supreme Court · 1977
- Schwanekamp v. Modern Woodmen of AmericaMontana Supreme Court · 1912
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