Chicago, Burlington & Quincy Railway Co. v. Gildersleeve
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. Appellant presents one question for the consideration of this court. Appellant was adjudged guilty of contempt and sentenced to imprisonment “in the common jail in the city of St. Louis for the period of thirty days, or until he shall he discharged according to law.” This judgment was void, because in excess of the term of imprisonment authorized by the statute.
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Transferred from St. Louis Court of Appeals. Appellant presents one question for the consideration of this court. Appellant was adjudged guilty of contempt and sentenced to imprisonment “in the common jail in the city of St. Louis for the period of thirty days, or until he shall he discharged according to law.” This judgment was void, because in excess of the term of imprisonment authorized by the statute. Sec. 1617, B. S. 1899, provides that in contempt cases a fine stall not exceed fifty dollars, nor a term of imprisonment over ten days; and, when one is committed for non-payment of a fine,…
1Opinion of the Court
GANTT, J. —
This case has been certified to this court by the St. Louis Court of Appeals for the reason that a constitutional question, to-wit, the validity of section 1617 of the Revised Statutes of Missouri of 1899, is necessarily involved in the judgment rendered by the circuit court of the city of St. Louis.
It appears from the abstract of the record that the appellant, Edward J. Gildersleeve, had been enjoined on the 12th day of July, 1903, by the circuit court of the city of St. Louis from buying, selling, dealing in or soliciting the purchase or sale of any mileage passenger tickets or…
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