In re Eberle
| Decision Date | 10 November 1899 |
| Docket Number | 25,348. |
| Citation | 98 F. 295 |
| Parties | In re EBERLE. |
| Court | U.S. District Court — Northern District of Illinois |
Le Monte Cowles, for petitioner.
This matter comes before me upon the petition of Frank Eberle for release upon habeas corpus from the custody of the sheriff of Henderson county, Ill. The petition shows the following facts: Petitioner is a citizen of the state of Iowa, and resides therein. He is a member of, and stockholder in, the Crystal Lake Club, an Illinois, and to use the same as a game and fish preserve, the charter of which corporation grants to the members thereof the sole right and authority to hunt and fish on the lands owned by it. Subsequent to the incorporation of the club, the legislature of this state passed a law regulating the manner and seasons in which hunting and fishing should be pursued in this state, in which the privileges of residents of this state were distinguished from those of nonresidents in that the latter were required to pay a license fee of $10 which license fee was not required of residents. Petitioner was hunting upon land belonging to the club during the season when residents were permitted to hunt, when he was arrested upon a criminal capias, upon the charge of being a nonresident and hunting without a license. At the trial he was adjudged guilty of the said violation of the statute, and was sentenced to pay a fine of $25 and costs, and to stand committed until the same was paid. He is now in custody in pursuance of said sentence and judgment. Petitioner alleges that he was hunting upon land belonging to himself and the other members of said club jointly; that the part of the statute under which he was found guilty and sentenced is illegal and void, as being in contravention of the constitution of the United States, and especially of section 2 of article 4 of the federal constitution, which provides that 'the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states,' and section 1 of the fourteenth amendment to said constitution, which provides that 'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.'
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...W. Williams, for appellant in reply. The State had power to pass the statute of 1903 and to prohibit the killing of game as it saw fit. 98 F. 295; 96 Tenn. 142 Ill. 30: 2 Bl. Comm. 392. James P. Clarke and Rose, Hemingway & Rose, for appellees in reply. See further that statute does not app......
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Brownsville Shrimp Co. v. Miller, 11930.
...Yuri Maru, D.C., 17 F.2d 318, 320; 48 Am.Jur. 18; Article 4361; Article 2955; 24 Am.Jur.386; 22 Am.Jur. 692; 19 Tex.Jur. 694; In re Eberle, C.C.Ill., 98 F. 295; Cummings v. People, 211 Ill. 392, 71 N.E. 1031; State v. Ashman, 123 Tenn. 654, 135 S.W. 325; 61 A.L.R. 338; Geer v. Connecticut, ......
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...263 U.S. 510, 44 S.Ct. 177, 68 L.Ed. 414; Lacoste v. Department of Conservation, 263 U.S. 545, 44 S.Ct. 186, 68 L.Ed. 437; In re Eberle, C.C., 98 F. 295; Anderson v. Smith, 9 Cir., 71 F.2d 493; Commonwealth v. Hilton, 174 Mass. 29, 30, 54 N.E. 362, 363, 45 L.R.A. 475, 478. In the case last ......
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