State v. Baum
Supreme Court of Louisiana
APPEAL from the Seventeenth Judicial District Court, parish of East • Baton Rouge. Sherburne, J. First — The Act Bo. 84, of 1878, undertaking to regulate the observance of the Christian Sabbath, is violative of the Constitutions of Louisiana of 1868 and 1879, and of the treaty of cession of Louisiana.
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APPEAL from the Seventeenth Judicial District Court, parish of East • Baton Rouge. Sherburne, J. First — The Act Bo. 84, of 1878, undertaking to regulate the observance of the Christian Sabbath, is violative of the Constitutions of Louisiana of 1868 and 1879, and of the treaty of cession of Louisiana. Constitution 1868, Art. 12; 1879, Art. 4; Cooley, Constitutional Limitations, 476. Second — The title of the Act Bo. 84, Acts of 1878, does not express the objects embraced in the body of the act, and is, consequently, unconstitutional. Cons. 1868, Art. 114; Cons. 1879, Art. 29. Third — The Act…
1Opinion of the Court
The opinion o£ the Court was delivered by
Poché, J.
This is a prosecution, in the name of the State, and by indictment, for the violation of an ordinance of the police jury of East Baton Rouge, prohibiting the opening on Sundays of places of business for the sale, barter or exchange of intoxicating liquors and all kinds of merchandise.
In a motion to quash the indictment, and in a motion in arrest of judgment, the defendant brings to our consideration numerous defences, but, under the view which we take of the case, we shall notice only the following:
1st. That Act No. 84, approved March 13,1878,…
2Cited by5 opinions
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