83 Neb. 84 | Neb. | 1908
The plaintiff in error, hereinafter called the defendant, was indicted with his alleged partner for a violation of the provisions of section 3 of the act of 1901. Luavs 1901, ch. 93; criminal code, sec. 46d. It was charged that the defendants, who were alleged to he attorneys at law, conspired together to sue a large number of saloon-keepers just prior to the time for the issuing of licenses; that the defendants would then threaten to file remonstrances against the issuing of such licenses, and by means of such threats obtain money from such saloon-keepers. This defendant demanded a separate trial, which was granted; and ■ the state elected to proceed against him upon the charge of extorting $150 from one Clyde Lester. There was a verdict of guilty, and a judgment that the defendant pay a fine of $200 from which he prosecutes error to this court.
1. Section 3 of the act of 1901 is as follows: “Any person or persons who shall by threats, intimidation, coercion, extortion, injunction, conspiracy, deception or subterfuge,' obtain, or seek to obtain, money or other valuable consideration, or shall cause the same to be done directly or indirectly, from any citizen or resident of this'state, or compel them to perform any act not consistent .with common law or equity, or who shall by such threats, coercion, intimidation, extortion, injunction, conspiracy, deception or subterfuge, induce any citizen or resident of the state of Nebraska to surrender anything of value or relinquish any right' guaranteed by the laws of Nebraska, in consideration of the withdrawal of said threats, coercion, intimidation, extortion, injunction, conspiracy, deception or subterfuge, shall be deemed guilty of blackmail, and upon conviction thereof shall be confined in the penitentiary for not more than three years nor less than one year, ‘or be fined not less than two hundred ($200) dollars, nor more than five hundred ($500) dollars’ for each and every offense.” Prom a reading of this section it will
2. We have not overlooked those cases which hold that a court will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect, and who has therefore no interest in defeating it. Where the constitutional objection is that the penalties of the law are directed agáinst a certain class without any just reason for such discrimination, it is safe to
We therefore recommend that the judgment of the district court be reversed and the defendant discharged.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is reversed and the defendant discharged.
Reversed.