Clark v. Commonwealth of Pennsylvania
| Citation | 9 S.Ct. 113,128 U.S. 395,32 L.Ed. 487 |
| Parties | CLARK v. COMMONWEALTH OF PENNSYLVANIA, (two cases.) |
| Decision Date | 19 November 1888 |
| Court | United States Supreme Court |
W. L. Bird, for plaintiff in error.
W. D. Porter, for the Commonwealth.
In the first of the above cases, Clark, the plaintiff in error, was indicted with others in the court of quarter sessions of Allegheny county, Pa., on the 29th of June, 1888, for selling spirituous liquor on Sunday, contrary to the form of the act of the general assembly of Pennsylvania in such case made and provided, and upon trial was convicted and sentenced to pay a fine of $200, and to be imprisoned for 60 days, to take effect on the expiration of the sentence in the second case here, which was the first below. In the second case it appears that Clark and others were also indicted for that they 'unlawfully did keep and maintain a house, room, and place where vinous, spirituous, malt, and brewed liquors and admixtures thereof were sold by retail, without having first obtained a license agreeably to law for that purpose;' and the indictment contained a further count that they 'unlawfully did sell and offer for sale vinous, spirtuous, malt, and brewed liquors, and admixtures thereof, without having first obtained a license agreeably to law for that purpose.' Upon this indictment a trial was had, resulting in the conviction of Clark, and he was sentenced to pay a fine of $500 and to be imprisoned in the county jail for three months. Clark then applied in each case to one of the judges of the supreme court of Pennsylvania for a writ of error to the court of quarter sessions, which was denied, and, as Clark could go no further, the judgments of the latter court may be considered final, for the purposes of the writs of error granted in these cases.
In the petitions for the writs it is stated that plaintiff in error was the part owner and captain of a steam-boat actually engaged in navigating the Ohio, Monongahela, and Allegheny rivers as a passenger vessel, and as such duly licensed and enrolled under the laws of the United States, and that petitioner had complied with all the laws of the United States in regard to steam-vessels, including the payment of a revenue tax for the purpose of selling liquor on said steam-boat; and it is averred that by these judgments petitioner is denied 'the rights and privileges secured by the constitution of the United States.' These matters are repeated in the briefs, and it is argued on behalf of Clark that he was entitled...
To continue reading
Request your trial
-
Neil v. State of Vermont
...Warfield v. Chaffe, 91 U. S. 690; Susquehanna Boom Co. v. West Branch Boom Co., 110 U. S. 57, 3 Sup. Ct. Rep. 438; Clark v. Pennsylvania, 128 U. S. 395, 9 Sup. Ct. Rep. 2, 113. The only question considered by the supreme court in its opinion, in regard to the present case, was whether the l......
-
King v. McLean Asylum of the Massachusetts General Hospital, 95.
... ... the action of the district court for the district of ... [64 F. 347] ... Pennsylvania in committing a person charged with high ... treason. The report does not show that the question ... Warfield v. Chaffe, 91 U.S. 690, and Clark v ... Com., 128 U.S. 395, 9 Sup.Ct. 2, 113, seem to the ... contrary. Indeed, for aught that ... ...
-
Winona St Co v. Town of Plainview Same v. Town of Elgin
...French v. Hopkins, 124 U. S. 524, 8 Sup. Ct. Rep. 589: Chappell v. Bradshaw, 128 U. S. 132, 9 Sup. Ct. Rep. 40; Clark v. Pennsylvania, 128 U. S. 395, 9 Sup. Ct. Rep. 2, 113; Hale v. Akers, 132 U. S. 554, 10 Sup. Ct. Rep. 171; Manning v. French, 133 U. S. 186, 10 Sup. Ct. Rep. 258; Giles v. ......
-
Leeper v. State of Texas
...no part of the record upon which action here is taken. Manning v. French, 133 U. S. 186, 10 Sup. Ct. Rep. 258; Clark v. Pennsylvania, 128 U. S. 395, 9 Sup. Ct. Rep. 2, 113; Warfield v. Chaffee, 91 U. S. 690; Butler v. Gage, 138 U. S. 52, ante, 235. That to give this court jurisdiction to re......