Matter of Application of Jacobs
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 9, 1884, which reversed, an order of Special Term, dismissing a-writ of habeas corpus to inquire into the cause of relator’s imprisonment, and which discharged him from imprisonment. (Reported below, 33 Hun, 374.) ^ The material facts are stated in the opinion The act of 1884 (Chap. 272) is clearly within the police power of the legislature.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 9, 1884, which reversed, an order of Special Term, dismissing a-writ of habeas corpus to inquire into the cause of relator’s imprisonment, and which discharged him from imprisonment. (Reported below, 33 Hun, 374.) ^ The material facts are stated in the opinion The act of 1884 (Chap. 272) is clearly within the police power of the legislature. ( Winehamer v. People, 13 N. Y. 411; Bertholf v. O'Reilly, 74 id. 514; The Slaughter House Cases, 16 Wall. 36 ; Vanderbilt v. Adams, 7 Cow. 349;…
1Opinion of the CourtEarl, J.
The relator Jacobs was arrested on the 14th day of May, 1884, on a warrant issued by a police justice in the city of ¡New York under the act chapter 272 of the Laws of 1884, passed May 12, entitled “ An act to improve the public health by prohibiting the manufacture of cigars and preparation of tobacco in any form in tenement-houses in certain cases, and regulating the use of tenement-houses in certain cases.” On the evidence of the complainant he was by the justice committed for trial, and thereafter upon his petition, a justice of the Supreme Court granted a writ of habeas corpus, to which…
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