Legal Opinion

State v. Napier

Supreme Court of South Carolina

Decided March 7, 1902PublishedCited by 8 opinions

Before Klugh, J., April, 1900. Indictment against J. W. Napier, under the following act of 1898: “An act to prohibit emigrant agents from plying their vocation within this State without first obtaining a license therefor, and for other purposes. “Section i.

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Before Klugh, J., April, 1900. Indictment against J. W. Napier, under the following act of 1898: “An act to prohibit emigrant agents from plying their vocation within this State without first obtaining a license therefor, and for other purposes. “Section i. Be it enacted by the General Assembly of the State of South Carolina, That from and after the approval of this act, no person shall carry on the business of an emigrant agent in this State without having first obtained a license therefor from the State treasurer. “Sec. 2. That the term emigrant agent, as contemplated in this act, shall be…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The -appellant was convicted and sentenced for violating the act, approved February nth, 1898, known as the emigrant agents act. This appeal from said judgment raises two questions: (1) Whether the indictment should have been- quashed for uncertainty in charging the offense, in failing to specify any act of hiring or soliciting a laborer or laborers to- be employed beyond the limits of the State, and (2) Whether said act is constitutional.

1 1. The Circuit Court quashed the first count of the indictment, but refused to quash the second…

2Cases cited5 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. Williams v. FearsSupreme Court of the United States · 1900
  3. Joseph v. RandolphSupreme Court of Alabama · 1882
  4. State v. . MooreSupreme Court of North Carolina · 1893
  5. Williams v. FearsSupreme Court of Georgia · 1900

3Cited by8 opinions

  1. People v. BrazeeMichigan Supreme Court · 1914
  2. In re CraigHawaii Supreme Court · 1911
  3. State v. ReevesSupreme Court of South Carolina · 1919
  4. Pee Dee Chair Co. v. City of CamdenSupreme Court of South Carolina · 1932
  5. Cole v. CommonwealthSupreme Court of Virginia · 1937

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