Legal Opinion

Lansburgh v. District of Columbia

Court of Appeals for the D.C. Circuit

Decided December 7, 1897No. 749PublishedCited by 8 opinions

In error, to the Police Court of the District of Columbia. The Court in its opinion stated the case as follows: The plaintiffs in error were convicted in the Police Court of the District of Columbia and sentenced to pay fines of $100 each, under an information charging them with having “engaged in the business of a gift enterprise.”

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In error, to the Police Court of the District of Columbia. The Court in its opinion stated the case as follows: The plaintiffs in error were convicted in the Police Court of the District of Columbia and sentenced to pay fines of $100 each, under an information charging them with having “engaged in the business of a gift enterprise.” The trial was by the court, a jury having been waived, and the judgment of conviction was rendered upon evidence disclosing the following facts: The defendant, Gustave Lansburgh, is a member of a partnership styled Lansburgh & Bro., engaged in business in the city…

1Opinion of the CourtJustice Shepard

1. It is not denied that the power of Congress to legislate in respect of matters affecting the public health, safety, peace and morals within the District of Columbia, is the same as that of the State legislatures within their several jurisdictions. It is neither greater nor less; for “all of the guarantees of the Constitution respecting life, liberty and property are equally for the benefit of all citizens of the United States residing permanently or temporarily in the District of Columbia, as of those residing in the several States of the Union.” Kerr v. Ross, 5 App. D. C. 241, 247, 248;…

2Cases cited19 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Crowley v. ChristensenSupreme Court of the United States · 1890
  4. United States v. SteffensSupreme Court of the United States · 1879
  5. United States v. REESESupreme Court of the United States · 1876

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3Cited by8 opinions

  1. Steffey v. City of CasperWyoming Supreme Court · 1961
  2. Clarence N. Beach v. Government of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1963
  3. Filippo v. REAL ESTATE COM'N OF DISTRICT OF COLUMBIADistrict of Columbia Court of Appeals · 1966
  4. District of Columbia v. John R. Thompson Co.District of Columbia Court of Appeals · 1951
  5. District of Columbia v. John R. Thompson Co.District of Columbia Court of Appeals · 1951

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