Schultz v. Parker
Supreme Court of Iowa
Appeal from Sac District Court. — Hon. Z. A. Church, Judge This is a habeas corpus proceeding. The petition was filed and the writ obtained in October, 1907. It was brought against the defendant as sheriff, who held the plaintiff under arrest for violation of the provisions of chapter 112, Laws 32d General Assembly. The plaintiff challenged the validity of such legislative enactment, and therefore the validity of his arrest. Upon issues properly joined the trial was had.
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Appeal from Sac District Court. — Hon. Z. A. Church, Judge This is a habeas corpus proceeding. The petition was filed and the writ obtained in October, 1907. It was brought against the defendant as sheriff, who held the plaintiff under arrest for violation of the provisions of chapter 112, Laws 32d General Assembly. The plaintiff challenged the validity of such legislative enactment, and therefore the validity of his arrest. Upon issues properly joined the trial was had. The trial court dismissed the petition, and the plaintiff has appealed.
1Opinion of the CourtEvans, J.
The case was tried below upon an agreed statement of facts. The issues were so framed and the facts so stated as to enable the plaintiff to challenge the constitutionality of the anti-pass law, being chapter 112 of the Laws 32d General Assembly. This chapter now appears in the Code Supplement as sections 2157-f, 2157-g, 2157-h, 2157-i, and 2157-j.
For convenience of reference, we quote section 1 and a portion of section 2 thereof, as follows:
*45Section 1. No common carrier of passengers shall, directly or indirectly, issue, furnish or give any free ticket, free pass or free transportation for the…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Johnson v. HarrisonSupreme Court of Minnesota · 1891
- Hubbell v. HigginsSupreme Court of Iowa · 1910
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- Lynch v. ChaseSupreme Court of Kansas · 1895
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