Ex parte Keeler’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The authorities sustain the following propositions of law: First, that the legislature has the power to declare places where liquor is sold contrary to law to be common nuisances, and to provide for their abatement. Mugler v. Kansas, 123 U. S. 623 [31 L. ed. 250]; Kidd v. Pearson, 128 U. S. 1 [32 L. ed. 346]; Lawton v. Steele, 152 U. S. 133 [38 L. ed. 385]. Second, that the legislature has the right to provide remedies, summary in their nature, to prevent and abate such nuisances. Third, that these summary remedies are not rendered unconstitutional by reason of the fact that they deprive the defendant of those rights, under the constitution to which ordinarily he is entitled. . . . The defendant is, therefore, not entitled to invoke the provisions of the constitution as to the right of trial by jury in a case of this nature.” (pp. 542, 543.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Lee

2. ““It [the police power] is universally conceded to include everything essential to the public safety, health, and morals, and to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance. Under this power it has been held that the state may order . . . the prohibition of gambling houses and places where intoxicating liquors are sold. Beyond this, however, the state may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.” (p. 136. See, also, 20 R. C. L. 485; State v. Saunders, 66 N. H. 39; 18 L. R. A. 646.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Lee

3. ““If the objection to the statute is that it authorizes a proceeding in the nature of a suit in equity to suppress the manufacture and sale of intoxicating liquors which are by law prohibited, and to abate the nuisance which the statute declares such acts to be, wherever carried on, we respond that, so far as at present advised, it appears to us that all the powers of a court, whether at common law or in chancery, may be called into operation by a legislative body, for the purpose of suppressing this objectionable traffic; and we know of no hindrance in the constitution of the United States to the form of proceedings, or to the court in which this remedy shall be had.” (p. 40.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Lee