State v. Holland
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge, W. R. Holland was convicted of unlawfully wearing the badge of an organization of which he was not a member, and appeals from the judgment.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge, W. R. Holland was convicted of unlawfully wearing the badge of an organization of which he was not a member, and appeals from the judgment. The statute under consideration is a clear attempt to delegate legislative functions to the orders or societies mentioned therein, for thereby it is left to them to declare by their constitutions, by-laws, rules and regulations who shall be and who shall not be misdemeanants. That legislative functions cannot be delegated, save in the case of municipalities, does not admit of…
1Opinion of the CourtChief Justice Brantlt
On May 4, 1908, the appellant was charged by complaint filed in a justice’s court in Helena township, Lewis and Clark county, with a misdemeanor, in the violation, of section 1192 of the Penal Code of 1895, as amended by Session Laws of 1907 (Sess. Laws, 1907, p. 24), in that he did between certain mentioned dates during this present year wear upon the *399lapel of his coat an elk’s head, knowing the same to be the emblem, insignia, badge and button of the Benevolent and Protective Order of Elks of the United States of America, said order being of more than ten years’ standing in the state of…
2Cases cited7 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Field v. ClarkSupreme Court of the United States · 1892
- O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
- State v. Cudahy Packing Co.Montana Supreme Court · 1905
- Anderson v. Manchester Fire Assurance Co.Supreme Court of Minnesota · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- State ex rel. Redman v. MeyersMontana Supreme Court · 1922
- State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
- O'Neill v. Yellowstone Irrigation DistrictMontana Supreme Court · 1912
- H. Earl Clack Co. v. Public Service CommissionMontana Supreme Court · 1933
18 more not listed; retrieve them via the Exa API.