In re Oberg

The petitioner was constable of Astoria precinct, and having arrested a sailor on board of a sea-going vessel as an absconding debtor, he was himself arrested under the provisions of section -6 of the act of 1889, which *407made such arrests unlawful, and for which he was fined the sum of twenty dollars. Upon default in the payment of such fine, he was committed to jail, and thereupon sued out a writ of habeas corpus. Upon the hearing, the trial court held that the act of 1889 was unconstitutional and void, and discharged the petitioner. While the brief indicates other objections to the act, the…