Legal Opinion

Ruhstrat v. People

Illinois Supreme Court

Decided April 17, 1900PublishedCited by 51 opinions

Writ of Error to the Criminal Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. The plaintiff in error was prosecuted and convicted for violation of an act of the legislature of Illinois, entitled “An act to prohibit the use of the national flag or emblem for any commercial purposes or as an advertising medium,” approved April 22, 1899, in force July 1, 1899. (Laws of Ill. 1899, p. 234). The following is a copy of the act in question: “Sec. 1. It shall be…

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Writ of Error to the Criminal Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. The plaintiff in error was prosecuted and convicted for violation of an act of the legislature of Illinois, entitled “An act to prohibit the use of the national flag or emblem for any commercial purposes or as an advertising medium,” approved April 22, 1899, in force July 1, 1899. (Laws of Ill. 1899, p. 234). The following is a copy of the act in question: “Sec. 1. It shall be unlawful for any person, firm, organization or corporation to use or display the national flag or emblem, or any drawing,…

1Opinion of the CourtJustice Magruder

The provisions of the constitution of Illinois, which the terms of the act of April 22, 1899, known as the “Flag law,” are alleged to contravene, are sections 1, 2 and 4 of article 2 and section 22 of article 4. Section 1 of artide 2 is as follows: “All men are by nature free and independent, and have certain inherent and inalienable rights—among these are life, liberty, and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving' their just powers from the consent of the governed.” Section 2 is as follows: “No person…

2Cases cited19 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  3. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  4. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  5. Matter of Application of JacobsNew York Court of Appeals · 1885

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3Cited by51 opinions

  1. Western Theological Seminary v. City of EvanstonIllinois Supreme Court · 1927
  2. State v. RedmonWisconsin Supreme Court · 1907
  3. State ex rel. Zillmer v. KreutzbergWisconsin Supreme Court · 1902
  4. People ex rel. Friend v. City of ChicagoIllinois Supreme Court · 1913
  5. Ex Parte DrexelCalifornia Supreme Court · 1905

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