State v. Redmon
Wisconsin Supreme Court
Eepobted from the municipal court of Brown county: N. J. MoNAHAN, Judge. Eeports in two prosecutions under sec. 1636p, Stats. (Laws of 1907, eh. 266). The first action was for a violation of such chapter September 5, 1907, and the second for a violation thereof August 26, 1907. The person whose rights under such law were violated in the latter was a passenger between points within the state, and the one in the former was an interstate passenger.
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Eepobted from the municipal court of Brown county: N. J. MoNAHAN, Judge. Eeports in two prosecutions under sec. 1636p, Stats. (Laws of 1907, eh. 266). The first action was for a violation of such chapter September 5, 1907, and the second for a violation thereof August 26, 1907. The person whose rights under such law were violated in the latter was a passenger between points within the state, and the one in the former was an interstate passenger. The report shows that defendant was convicted in each case in due form of law, and the existence of all circumstances necessary to raise the question…
1Opinion of the Court
MaRshall, T.
It is conceded that the legislation in question was an attempt to exercise the police power of the state which is inherent in sovereign authority under such limitations as exist in the national and state constitutions, and' that if as a police regulation it is not legitimate it is not the law though possessing the form thereof. A legislative enactment approved by the executive and duly published is not necessarily a law or binding on any one in respect to his liberty, his business, or his property. It is such if it is susceptible of passing the judicial test of whether it is…
2Cases cited29 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Mugler v. KansasSupreme Court of the United States · 1887
- Plessy v. FergusonSupreme Court of the United States · 1896
- Lawton v. SteeleSupreme Court of the United States · 1894
- Matter of Application of JacobsNew York Court of Appeals · 1885
24 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Coulter v. PoolCalifornia Supreme Court · 1921
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Jacobs v. MajorWisconsin Supreme Court · 1987
- Bonnett v. VallierWisconsin Supreme Court · 1908
67 more not listed; retrieve them via the Exa API.