Legal Opinion

State ex rel. Marion v. Reynolds

Montana Supreme Court

Decided May 3, 1894PublishedCited by 2 opinions

Application for writ of habeas corpus. I. The act is constitutional. The right to engage in the occupation or business of keeping a beer hall, and engaging in the sale of liquor where women are employed for the purposes of the business therein carried on is not an inherent right of citizens. (Mg parte Christensen, 85 Cal. 213; Mx parte Sing Lee, 96 Cal. 359; 31 Am. St. Rep. 218; In re Maguire, 57 Cal. 605, 610; 40 Am. Rep. 125; Mx parte Filehlin, 96 Cal. 360; 31 Am.

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Application for writ of habeas corpus. I. The act is constitutional. The right to engage in the occupation or business of keeping a beer hall, and engaging in the sale of liquor where women are employed for the purposes of the business therein carried on is not an inherent right of citizens. (Mg parte Christensen, 85 Cal. 213; Mx parte Sing Lee, 96 Cal. 359; 31 Am. St. Rep. 218; In re Maguire, 57 Cal. 605, 610; 40 Am. Rep. 125; Mx parte Filehlin, 96 Cal. 360; 31 Am. St. Rep. 223; Crowley v. Christensen, 137 U. S. 91; McKinney v. State, 3 Wyo. 727.) II. It is not objectional as class…

1Opinion of the Court

Per CÚRIAM.

This is an application for discharge from imprisonment, through the writ of habeas corpus.

It appears that relator was indicted and convicted under the provisions of section 261, page 578, of the Compiled Statutes, which reads as follows: “That hereafter it shall be unlawful *384for any person or persons, company or corporation, to sell or dispose of any spirituous, vinous, or malt liquors in any room, ball, or other place where women or minors are employed or are allowed to assemble for the purpose of the business therein carried on.” And the penalty of fine in the sum of three hundred…

2Cases cited2 opinions

  1. State v. SullivanMontana Supreme Court · 1890
  2. In re McCutcheonMontana Supreme Court · 1890

3Cited by2 opinions

  1. Adams v. CroninSupreme Court of Colorado · 1902
  2. Nelson v. State Ex Rel. GrossSupreme Court of Florida · 1946

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