Ohio John Lloyd v. Dollison

by Joseph McKenna

United States Supreme Court

194 U.S. 445

Ohio John Lloyd  v.  Dollison

 Argued: April 28, 29, 1904. --- Decided: May 16, 1904

The plaintiff in error was committed to custody upon a warrant for violating the law of Ohio called the 'Beal Local Option Law.' He petitioned in habeas corpus for his discharge to one of the judges of the state, having jurisdiction. On hearing he was remitted to curstody, and the judgment was affirmed by the supreme court of the state. This writ of error was then sued out. The question involved is the constitutionality of the law.

The facts constituting the violation of the law were alleged to be the unlawful selling and furnishing to one E. L. Scott, a resident of the city of Cambridge, six pints of beer, and with keeping a place where intoxicating liquors are kept for sale, given away, and furnished for beverage purposes. The sale was not within any of the exceptions of the law.

In the petition for habeas corpus it was alleged that plaintiff in error was arrested by a constable of the township of Cambridge, upon a warrant issued by a justice of the peace in and for the township of Center, Guernsey county, Ohio, which township is outside of the geographical boundaries of the city of Cambridge, where the violation of the law was claimed to have occurred.

That, by virtue of the arrest, plaintiff in error was committed to jail in the county of Guernsey, and there imprisoned by J. B. Dollison, the sheriff of the county.

Messrs. Frank S. Monnett, D. F. Pugh, and R. M. Nevin for plaintiff in error.

Messrs. W. B. Wheeler and A. V. Taylor for defendant in error.

Mr. Justice McKenna, after stating the case, delivered the opinion of the court:

Notes