Case Summary

On June 29th, 1897, John Considine petitioned for a writ of habeas corpus after being charged with employing females in a place where intoxicating liquors were sold. Considine alleged that the statute deprived persons engaged in the liquor business of the right to employ women and alleged it deprived women of freedom of choice in vocation. Judge Hanford in his ruling cited precedent holding the judiciary should not strike down state statues, especially statutes that have a direct connection to social order, health, and morals of the people. Judge Hanford further stated the statute was general in scope and not arbitrary and denied the petition. This case was appealed to the Washington Supreme Court, who affirmed the ruling of the Judge Hanford.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Employing females in a place where intoxicating liquors are sold

Sites of significance

• Spokane County Jail (Cheney, Washington)

Outcome

Writ allowed

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 626

Source material(s)

Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

Section 3, 12 of Article One of the Constitution of the State of Washington; Fourteenth Amendment to the Constitution of the United States; Giozza v. Ternan, 148 U.S. 657-662; Plumley v. Massachusetts, 155 U.S. 461-482;

Tag(s)

• 14th amendment

People

• Considine, John (petitioner)
• Considine, John (bound party)
• Wiley, John (petitioner attorney)
• Bostwick, Harrison (petitioner attorney)
• Humphrey, C.C. (respondent)
• Winston, Patrick Henry (respondent attorney)
• Hanford, Cornelius Holgate (judge)

• Additional parties

  Feighan, J.W. (Prosecuting Attorney)

  Pierce, John A. (Prosecuting Attorney)

  McGraw, John H. (Governor of Washington)

  Johnson, Knox (Deputy Clerk)

  Fleming, Thomas (Witness)

  Swartz, Edgar (Witness)

  Miller, A.(Witness)

  Solomon, Ben (Witness)

  Rumpff, Peter (Witness)

  Brooks, W.L. (Witness)

  Lane, A.G. (Witness)

  Files, Jacob (Witness)

  Patterson, Florence (Witness)

  Davis, Mae (Witness)

  Watts, Lulu (Witness)

  Lester, Eva (Witness)

  Morris, William (Witness)

  Swartz, Louis (Witness)

  Johnson (Witness)

  Bartholomew, Ed. (Witness)

  Hinkle, J.G. (Witness)

  Dyer, Geo. (Witness)

  Bartlett, Elmer (Witness)

  Knight, W.D. (Witness)

  Willis, W.E. (Clerk)

  Ayres, A. Reeves (Clerk)

  Moore, A.N. (Deputy Clerk)

  Hopkins, R.M. (Deputy Clerk)