Ex Parte Harrison

• Decision Date: 19 May 1908
• Citation: 212 Mo. 88,110 S.W. 709
• Parties: Ex parte HARRISON.
• Court: Missouri Supreme Court

110 S.W. 709

212 Mo. 88

Ex parte HARRISON.

Supreme Court of Missouri, Division No. 2.

May 19, 1908.

1. CONSTITUTIONAL LAW — FREEDOM OF SPEECH.

Under Const. art. 2, § 14 (Ann. St. 1906, p. 135), declaring that no law shall be passed impairing the freedom of speech, the Legislature has no power to prohibit the publication of matter which is neither blasphemous, obscene, seditious, nor defamatory; but it may make the publication of the latter matter a penal offense and prescribe civil remedies.

2. SAME — STATUTES — RECORDS BY CIVIC LEAGUES.

Act April 12, 1907 (Laws 1907, p. 261), making it an offense for a civic league or members thereof to publish the results of an investigation of the character or qualifications of candidates for public office, without stating in full on what facts the report or recommendation is based, with the names and address in full of all persons furnishing the information concerning such candidate and a full statement of the information furnished by them, is unconstitutional as impairing the liberty of speech and of the press.

3. HABEAS CORPUS — ARREST UNDER UNCONSTITUTIONAL STATUTE.

Where an act under which petitioner was arrested was unconstitutional, it was utterly void, so that petitioner was entitled to be discharged on habeas corpus.

Habeas corpus on petition of Allen O. Harrison. Writ granted. Petitioner discharged.

House & Manard and J. McD. Trimble, for petitioner. I. B. Kimbrell, for respondent.

GANTT, J.

This is a proceeding under the habeas corpus act, in which petitioner seeks to be discharged from further prosecution under an information filed by the prosecuting attorney of Jackson county, in the criminal court of said county on the 9th of March, 1908, charging the petitioner with a violation of an act passed by the Legislature of this state and approved April 12, 1907, entitled "An act to regulate civic leagues and like associations and providing how their reports and recommendations shall be published and what they shall contain, and fixing a penalty for the violation of, and liability for the same." Laws Mo. 1907, p. 261. A warrant was duly issued upon the information, and the petitioner was arrested. The said information charges:

That the Kansas City Civic League is and was at all times therein mentioned a league, society, and association incorporated under chapter 12, art. 11, Rev. St. 1899 (Ann. St. 1906, pp. 1103-1119), and was formed for the purpose of investigating the character, fitness, and qualifications of candidates and nominees for public office. That it was at all times mentioned, and for a long time prior thereto, the custom and purpose of said Kansas City League to make reports and recommendations on such candidates. That on the 24th of December, 1907, in Kansas City, Jackson county, Mo., the said Kansas City Civic League did, through its executive committee then and there in executive session assembled, write, make, and adopt a recommendation and report upon the fitness and qualification of John M. Rood and William J. Campbell, who were then and there candidates and nominees for the election to the office of sheriff of Jackson county, Mo., at the special election to be held in said county on the 27th of December, 1907, which said recommendation and report, with the signatures of the president and secretary of the said Kansas City Civic League, is in words and figures as follows:

"Civic League Report."

"Report of the Kansas City Civic League on Candidates for Sheriff to be Voted for on December 27th, 1907.

"John M. Rood, Democrat. Born on a farm near Quincy, Illinois, in 1858. Went to Carroll county, Missouri, in 1877. Taught school and was engaged in general merchandise business at Carrollton, Missouri, until 1887, when he came to Kansas City, since which time he has been engaged in the lumber business. He served one term in the upper house of the city council, 1900 to 1904. His record was approved by the Civic League at the end of his term. We regard Mr. Rood as a citizen of high type, and well qualified for the office of sheriff.

"William J. Campbell, Republican. Was born in Ripley, Ohio, in 1863, and came to Missouri about 1879. Was station agent for the C., B. & Q. Ry. Company at Parkville from 1884 to 1887. Was in the general merchandise business at Parkville from 1887 to 1889, when he came to Kansas City and became a member of the present real estate and insurance firm of Tilhor & Campbell. He served one term in the lower house of the city council from 1900 to 1902. The Civic League said of him at the end of his term: "He made a good record in the council." He was appointed sheriff of Jackson county on September 30, 1907, by the county court. The service of both Mr. Campbell, and the deputies under him, have been highly satisfactory, and the league consider him well qualified for the office.

                      "By order of executive committee
                              "J. McD. Trimble, President
                              "A. O. Harrison, Secretary."
                

That said report and recommendation did not state in full on what facts the said report and recommendation was based, and did not give or contain the name or address of any person or persons furnishing the information of and concerning said candidates and nominees in said report and recommendation contained, or upon which said report was based. That on the 24th day of December, 1907, said Allen O. Harrison, who was then and there a secretary of said Kansas City Civic League, did unlawfully and willfully deliver a copy of said report and recommendation to the Burd & Fletcher Printing Company in Kansas City, Jackson county, Mo., and caused 250 copies thereof to be printed and published by said printing company upon postal cards of the United States, and did thereafter on said 24th of December, 1907, unlawfully and willfully place upon said postal cards, upon which said report and recommendation had been printed, the names and addresses...