Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-12-23
THE SWEENEY LAW.
The Supreme Court OF Iowa Decides II
TO be Constitutional.
"ccisIou ss Rendered by Just'oc sec-
ver., t.e Court Being Unanimous.
Goes 90 ths U. 8. supreme Court

H. Goodell VS. George Kreichbaum; sheriff;
A. Wingate vs.. J. g, Painter, shtrlif, ard
denrv Barren VS.. George W. Burnside, sheriff.
.labeas Corpus. The petitioners be NJ In Gus
tody Of the several defendants as sherltis OF
heir respective count es, charged with III.
traction Of tie laws of this State, severally
ask that they be i schargel. The cases above
AIMED we're argued aud submitted toget ler,
nj as they a6 substantially al ~, but
single opin on Is deemed necessary, Dexter,
Herrick 4 Allen, j. W. Carey and W. 9.
Goudy for the 'titloners, A, J. Baker, at
Bishop for the defendants.
Per Cariam: The petitioner Goodell at the
time he was arrested b. the sheriff was n
the employment OF the Chicago, Blu, ling on ~
Quincy railroad Company as q freight con-
ductor, and as such was aiding In moving
from the city OF Chicago to the city OF Den
yer one Of the trains of said railroad company
loaded with MERCHANDISE delivered to said
company IN the city OF Oh cago, TO no trans.
ported to the cities OF Denver, Omaha, Kansas
q ~ aud other points be- ond tn State OF
Iowa, aud to points Ia the State of Iowa. and
ri and Kansas, to be delivered at said points
t. certain conslgnees named To enable sad
COM anr to perform the service above state ed,
II became necnssary to run sa dtrain over that
part OF said roai OF said company. extending
from the Misslssppi 70 the Missouri river Ia
was so engaged, In the State Of Iowa, he was
arrested by the defendant Kreichbaup, us
sheriff OF DeS Moines county, charged with a
violation OF chapter Seventy-slx of the Laws
OF the 2lst General Assembly Of the State Of
Iowa.
The petitioner Wingate was also In the en-
ployment Of the said company as agent In the
city OF Des Molnes, in this State, aud at the
me he was arrested was engaged In the per
Torrance OF his duties as agent In selling tick
cts TO various points both within and without
the State Of Iowa, and he was also engaged In
soliciting and recev NC for transportation and
collect NC tolls therefor, merchandise aud traf-
tic destined from said city Of Des Moines to
points with n and without the State Of Iowa,
and within other States, While so engaged IN
the performance OF said duties, the sad Win
gate was arrested bv thu 'fendant Painter as
Sheriff of Polk county Iowa, charged with
having violated the provisions OF the said chap
ter Of the laws Of the Twenty first General AS
setnbly Of the State Of Iowa.
The petitioner Barron when arrested was In
the employ OF the Chicago & Northwestern
Railway company as an engineer engaged In
running passenger train made MP at Chicago
in the State of Illinois, and destined TO Coun-
ell Bluffs In the State OF Iowa. Said train was
carry NJ passengers and the United States
mails, received at different points in the State
OF Illinois, and destined to points In the State
Of Iowa aud beyond, aud also from points in
the State OF Iowa to other points In. the same
Sac. While the petitioner was so engaged,
he was arrested, charged with the violation Of
said charter seventy six or the Laws of the
Twenty. first General Assembly OF the State OF
Iowa. IL is insisted by counsel for the petit
toner's that said chapter seventy-six is uncon-
stitut oial aud void because, First, IL sis re-
pugnant to section ten, article one, OF the Con-
sttution Of the United States, and Section
twentv-one, Article one, Of the Constitution
of Iowa. which nrOvlde that no law