Legal Opinion

Ah Sin v. Wittman

Supreme Court of the United States

Decided May 29, 1905No. 245PublishedCited by 109 opinions

ERROR TO THE SUPERIOR COURT IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA. The facts are stated in the opinion. As the ordinance is enforced only against Chinese persons it violates the Fourteenth Amendment and is void. Yick Wo v. Hopkins, 118 U. S. 356, and cases cited.

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ERROR TO THE SUPERIOR COURT IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA. The facts are stated in the opinion. As the ordinance is enforced only against Chinese persons it violates the Fourteenth Amendment and is void. Yick Wo v. Hopkins, 118 U. S. 356, and cases cited. The state court has so construed the ordinance that it makes criminal the innocent visit to a place, lawfully barricaded and barred against trespassing, by the police, and where, without the privity of the visitor, the articles specified are exposed to view, there being present three or more persons. .…

1Opinion of the CourtJustice McKenna

Error to the judgment of the Superior Court of the city and county of San Francisco, State of California, discharging a writ of habeas corpus.

Plaintiff in error filed a petition in said court, alleging that. he was a subject of the Emperor of China, and was restrained of his liberty by defendant in error, who was the chief of police of the city and county of San Francisco, under a judgment of imprisonment rendered in the police court of said city for the violation of one of its ordinances. The ordinance is as follows:

“Prohibiting the exposure of gambling tables or implements • in a room…

2Cases cited3 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Otis v. ParkerSupreme Court of the United States · 1903
  3. Booth v. IllinoisSupreme Court of the United States · 1902

3Cited by109 opinions

  1. United States v. ArmstrongSupreme Court of the United States · 1996
  2. Snowden v. HughesSupreme Court of the United States · 1944
  3. State v. AdkinsSupreme Court of Florida · 2012
  4. Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
  5. Schwarz v. City of Treasure IslandCourt of Appeals for the Eleventh Circuit · 2008

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