Legal Opinion · Dissent

Pearce v. Moffatt

Idaho Supreme Court

Decided June 17, 1939No. 6664Published

1Dissent

MORGAN, J.,

Dissenting. — The sole question presented for our consideration is as to the validity of the ordinance and statute quoted in the foregoing opinions. Appellant contends these enactments are a proper exercise of the police power of the state and respondents contend they violate article 1, section 13, of the Constitution of Idaho, wherein it is provided that no person shall be deprived of liberty or property without due process of law, and the Fourteenth Amendment to the Constitution of the United States which prohibits the state from depriving any person of liberty, or property,…

2Cases cited14 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Lawton v. SteeleSupreme Court of the United States · 1894
  3. Sinking-Fund CasesSupreme Court of the United States · 1879
  4. Patton v. City of BellinghamWashington Supreme Court · 1934
  5. In re CraneIdaho Supreme Court · 1915

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