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Smith v. Alabama, ing in the latter court was upon a writ of habeas corpus sued out by the plaintiff in error, seeking his discharge from the custody of the sheriff of Mobile county, in that state, under a commitment by a justice of the peace, upon the charge of handling, engineering, driving, and operating an engine pulling a passenger train upon the Mobile & Ohio Railroad used in transporting passengers within the county of Mobile, and state of Alabama, without having obtained a license from the board of examiners appointed by the governor of said state, in accordance with the provisions of an act entitled 'An act to require locomotive engineers in this state to be examined and licensed by a board to be appointed by the governor for that purpose,' approved February 28, 1887, and after more than three months had elapsed from the date of appointment and qualification of said board The plaintiff in error, upon complaint, was committed by the examining magistrate to the custody of the sheriff to answer an indictment for that alleged offense The ground of the application for discharge upon the writ of habeas corpus in the city court of Mobile was that the act of the general assembly of the state of Alabama, for the violation of which he was held, was in contravention of that clause of the constitution of the United States which confers upon congress power to regulate commerce among the states .
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