Ex parte Kennedy
Court of Appeals of Texas
Appeal from the County Court of Hunt. Tried below before the Hon. J. S. Sherrell, county judge. The appellant in this case was held under a capias charging him with the violation of the local option law. He sought his discharge under a writ of habeas corpus sued out and heard before the county judge, who refused to discharge him, and he appeals to this court from that order.
1Opinion of the Court
White, Presiding Judge.
In Ex parte Lynn, 19 Texas Court of Appeals, 393, whilst it was admitted that strong reasoning might be adduced in favor of the proposition that the local option law was unconstitutional, yet it was said “there is a strong and almost uniform array of authorities which unequivocally declare that laws such as our local option law are within the scope of the police powers of a State, and do not taxe, damage or destroy private property for public use, within the meaning of that provision of the organic law (sec 1. Bill of Rights), and do not infringe upon any other…
2Cases cited2 opinions
- Richardson v. PrentissMichigan Supreme Court · 1882
- State ex rel. Lewis v. YoungSupreme Court of Iowa · 1857
3Cited by1 opinion
- Crain v. AdamsCourt of Appeals of Texas · 1938