In re Caldwell

Root, C.

Relator was convicted in the police court in Omaha of a violation of section 241 of the criminal code, being the “Sunday law.” The complaint charged relator with unlawfully engaging in common labor, “said common labor *545not being work of necessity or charity, to wit, did operate and manage a barber shop, wherein customers were shaved at the Paxton Hotel in the city of Omaha.” A sentence of $1 and the costs of prosecution was imposed, and, to prevent the payment of $3.50, the extraordinary writ of habeas corpus was sought at the hands of the district court. In his application for the…