Case Summary

Frank Timmons, the petitioner, was detained for violation of a statute regulating Barbery in Washington after practicing the profession for the past 17 years in the area for not having a license or certificate from the Board of State Barber Examiners. Timmons stated that he applied three times to practice his trade, each time paying the $5.00 fee to apply, and each time the Board did not grant it and threatened him with prosecution and imprisonment. In his petition, Timmons stated that the Board exercised arbitrary power and violated the 14th Amendment of the Consitution of the United States through its actions. Judge Cushman ruled that the State Barber's Law is indeed contrary to the constitution of the United States and that Timmons should be discharged from custody and his bond discharged as well.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Barbering without a license or certificate

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG 21 U.S. District Court for the Southern Division of the Western District of Washington Civil, Criminal, Admiralty, and Bankruptcy Case Files, 1890-1950, No. 0545

Source material(s)

Case File

Length of case file

Between 76 and 100 pages

Repository(s)

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

State

• Washington

Point(s) of law cited

Ch. CLXXII of the Session 1901 Laws of the State of Washington, Minnesota Barber Law, Ex parte Cox. 63 Cal. 21, Weyth vs Board of Health, 200 Mass. 474, 86 N. E. 925, Wragg vs. Griffin (Iowa) 170 N. W. 400, State vs. Smith, 42 Wash. 237, State vs. Walker, 48 Wash. 8, State ex rel Richey vs. Smith 42 Wash. 237-249, Yick Wo vs. Woo Lee 118 U.S. 356, In re Wilshire 103 Fed. 622, Mim Breneny Co. vs. McCulivers 104 Fed. 258, State v. Sharpless (31 Wash, 191), State v. Walker (48 Wash., 8), Grainger v. Douglas Park Jockey Club, 148 Federal Rep. 512, State v. Zeno, 81 N.W. 748, 48 L. R. A. 88, Ex Parte Lucas, In State ex rel. Richey v. Smith (42 Wash., 237)

Tag(s)

• 14th amendment

People

• Askren, William D. (respondent attorney)
• Brown, Browder (petitioner attorney)
• Nichols, J. W. A. (petitioner attorney)
• Timmons, Frank (bound party)
• Timmons, Frank (petitioner)
• Morris, Thomas (respondent)
• Morris, Thomas (holding party)
• Cushman, Edward E. (judge)
• Roudebush, Rex S. (respondent attorney)
• Selden, J. W. (petitioner attorney)

• Additional parties

  Selder, J. W. (notary public)

  Magill, Frank A. (justice of the peace)

  Harshberger, F. M. (clerk)

  Giersch, A. A. (president, state board of barber examiners)

  Bdigford, M. B. (barber board)

  Pickering, H. C. (barber board)

  Harper, C. A. (state board of health)

  Prentice, John A. (chief counsel, associated dental supply company)

  Littooy, H. C. (member of New System Dentists)

  Goldstein, Morris A. (law office worker, Oregon)

  Evans, Le Witt M. (notary public)

  Boyle, John M. (U.S. Marshal)

  White, Edward D. (chief justice of US Supreme Court)

  Krugger, Alice (deputy clerk)