City of Tarkio v. Cook
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. 0. A. Anthony, Judge. (1) This ordinance is clearly violative of section 28, article 4, of the constitution of the state of Missouri, in this: it is double. R. S. 1889, p. 70; State v. Miller, 45 Mo. 495; City of Kansas v. Payne, 71 Mo. 159; State exrel. v. Mead, 71 Mo. 266. Regulating the room is not germane to the ordinance. State v. Per singer, 76 Mo. 346; Cooley’s Const.
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Appeal from Atchison Circuit Court. — Hon. 0. A. Anthony, Judge. (1) This ordinance is clearly violative of section 28, article 4, of the constitution of the state of Missouri, in this: it is double. R. S. 1889, p. 70; State v. Miller, 45 Mo. 495; City of Kansas v. Payne, 71 Mo. 159; State exrel. v. Mead, 71 Mo. 266. Regulating the room is not germane to the ordinance. State v. Per singer, 76 Mo. 346; Cooley’s Const. Lim. [5 Ed.], 178; People v. Parks, 58 Cal. 624; Euler v. People, 49 N. Y., 132; State ex rel. v. Miller, 100 Mo. 439; Murphy v. State, 73 Tenn. 373; State v. Burnett, 27 Kan.…
1Opinion of the CourtMacearlane, J.
After an appeal from the mayor’s court, of the city of Tarkio, and upon a trial in the circuit court, defendant was convicted of the violation of an ordinance of said city, and the payment of a fine of $25 adjudged against him, from which he appealed to this court, on the ground that said ordinance was in violation of section 28, article 4, of the constitution of the state.
I. The .ordinance was entitled “An ordinance to regulate billiard halls, and to regulate, levy, and collect license on billiard and other tables upon which games are played for amusement, and to prohibit gambling therein.”…
2Cases cited7 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- State v. ClarkeSupreme Court of Missouri · 1873
- State v. HayesSupreme Court of Missouri · 1884
- Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Ex parte HaskellCalifornia Supreme Court · 1896
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- City of St. Louis v. LiessingSupreme Court of Missouri · 1905
- State Ex Rel. Newman v. City of LaramieWyoming Supreme Court · 1929
- Craig v. City of MacOnSupreme Court of Missouri · 1976
51 more not listed; retrieve them via the Exa API.