In re INMAN
Idaho Supreme Court
OEIG-INAL proceeding for writ of habeas corpus. The law is void in its creation of the offices as it provides for the appointment of a member thereof by the governor alone. (Const., art. 2, sec. 1, art. 4, sec. 6; Clayton v. Territory of Utah, 132 U. S. 632, 10 Sup. Ct. Eep. 190, 33 L. ed. 455.) The provision at the latter part of section 1 of the medical laws of 1899 is in conflict with the constitution.
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OEIG-INAL proceeding for writ of habeas corpus. The law is void in its creation of the offices as it provides for the appointment of a member thereof by the governor alone. (Const., art. 2, sec. 1, art. 4, sec. 6; Clayton v. Territory of Utah, 132 U. S. 632, 10 Sup. Ct. Eep. 190, 33 L. ed. 455.) The provision at the latter part of section 1 of the medical laws of 1899 is in conflict with the constitution. The expression “otherwise provided for,” as found in section 6, article 4, of the constitution, is clearly meant to provide for “otherwise provided in the constitution.” (Const., art. 1,…
1Opinion of the Court
QUARLES, C. <7.
— This is an application for a writ of habeas corpus. The petitioner, in his petition, alleges that he is unlawfully restrained of his liberty by the sheriff of Nez Perces county, under a warrant of arrest which issued out of the probate court of said Nez Perces county in which the petitioner is charged with unlawfully practicing medicine without having first procured a license, an violation of the act of March 3, 1899, commonly known as “the Medical Bill." (See Sess. Laws 1899, p. 345.) The petition shows that the petitioner made an application to the district judge of the…
2Cases cited6 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Davis v. StateCourt of Appeals of Maryland · 1854
- State v. CareyWashington Supreme Court · 1892
- Harding v. PeopleSupreme Court of Colorado · 1887
- State v. VandersluisSupreme Court of Minnesota · 1889
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3Cited by8 opinions
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