People v. . Ewer
New York Court of Appeals
Appeal from order of the general term of the supreme court in the first judicial department, made July 3, 1893, which affirmed an order of special term overruling demurrers of the relator to returns to writs of habeas corpus and certiorari, dismissing said writs and remanding her to custody.
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Appeal from order of the general term of the supreme court in the first judicial department, made July 3, 1893, which affirmed an order of special term overruling demurrers of the relator to returns to writs of habeas corpus and certiorari, dismissing said writs and remanding her to custody. Charlotte Ewer was arrested, upon a police magistrate’s warrant, charged with a misdemeanor, in violation of section 292 of-the Penal Code, by exhibiting her child, Mildred Ewer, as a dancer at the Broadway theatre in New York city. The examination before the magistrate sustained the' charge and showed…
1Opinion of the Court
GRAY, J.—The
question we shall determine upon this appeal is, whether the statute under which the appellant was arrested violates any just and personal rights secured to her by the constitution of the state. If it is such an interference with the legal relation of parent and child as exceeds the limits within which the legislature, exercising the sovereign power' of the state, may regulate and control that relation, then it is the duty of the courts to declare its unconstitutionality. But if it is within a proper and legitimate exercise of legislative functions, the courts may not interfere.…
2Cases cited4 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . KingNew York Court of Appeals · 1888
- People v. . RosenbergNew York Court of Appeals · 1893
3Cited by51 opinions
- Prince v. MassachusettsSupreme Court of the United States · 1944
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- People v. . HavnorNew York Court of Appeals · 1896
- Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
- Matter of ViemeisterNew York Court of Appeals · 1904
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