Frolickstein v. Mayor of Mobile
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. The appellant in this case was fined twenty-five dollars by the mayor of Mobile, for the violation of a municipal ordinance prohibiting the sale of goods by merchants on Sunday, and carried the case, by appeal, into the city court, where a complaint was filed against him, in the name of “ the mayor, aldermen, and common council of the city of Mobile,” in the following words: “ The plaintiff claims of…
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Appeal from the City Court of Mobile. Tried before the Hon. H. Chamberlain. The appellant in this case was fined twenty-five dollars by the mayor of Mobile, for the violation of a municipal ordinance prohibiting the sale of goods by merchants on Sunday, and carried the case, by appeal, into the city court, where a complaint was filed against him, in the name of “ the mayor, aldermen, and common council of the city of Mobile,” in the following words: “ The plaintiff claims of the defendant the sum of twenty-five dollars, as a penalty for the breach by the defendant of section 305 of a city…
1Opinion of the CourtA. J. Walker, C. J.
The third section of the first article of the constitution prescribes, “that no person within the State shall, upon auy pretense whatever, * * * * * be hurt, molested, or restrained, in his religious sentiments or persuasions, provided he does not disturb others in their religious worship.” It is said that the appellant is a pious Jew, whose religious sentiments and persuasions lead him to the conviction that it is his duty to labor the other six days in the week besides Saturday, and that he is therefore restrained in his religious sentiments or persuasions by a municipal regulation, which…
2Cited by19 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Commonwealth v. HasMassachusetts Supreme Judicial Court · 1877
- Beauvoir Club v. StateSupreme Court of Alabama · 1907
- State v. NicholsWashington Supreme Court · 1902
- Scales v. StateSupreme Court of Arkansas · 1886
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