In re Ashby

The opinion of the court was delivered by

Allen, J. :

The petitioner is restrained of his liberty by the marshal of the city of Fort Scott under a commitment issued by the police judge, pending a continuance of a prosecution brought against him in the police coúrt for a violation of an ordinance of the city of Fort Scott requiring all male residents between the ages of twenty-one and forty-five to perform two days’ labor of ten hours each on the streets of the city, or pay the sum of three dollars. The validity of the ordinance on which the prosecution is based is attacked. An objection has…