State v. Loomis
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Sections 7058 and '7060 must be construed together as referable to the same subject-matter and as parts of the same act (Acts, 1885, pp. 83-84), and, being so construed, they are in violation of section 16, article 2 of the constitution of Missouri, which provides: “That imprisonment for debt shall not be allowed except for the non-payment of fines and penalties imposed for violation of law.”
Read the full summary
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) Sections 7058 and '7060 must be construed together as referable to the same subject-matter and as parts of the same act (Acts, 1885, pp. 83-84), and, being so construed, they are in violation of section 16, article 2 of the constitution of Missouri, which provides: “That imprisonment for debt shall not be allowed except for the non-payment of fines and penalties imposed for violation of law.” The act in question is in substance an act authorizing imprisonment for non-payment of debt. State v. Goal é Colee Go., 20 S. W. Rep.…
1DissentBarclay, J.
The reasons of my learned,associate, Qhief Justice Black, for holding the statute unconsti*321tutional seem to me unsatisfactory, and the importance of the case warrants a statement of the grounds of dissent.
1. There is no issue touching the impairment of obligation of any contract concluded before the passage of the act. The transactions in view occurred long afterwards. The only controversy now is whether or not the statute violates the guaranties of “liberty” and “property,” and of “due process of law,” on which the judgment of the majority of the court is placed.
In the principal opinion it is…
2Cases cited34 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
29 more not listed; retrieve them via the Exa API.