A Treatise on the Laws Regulating the Manufacture and Sale of Intoxicating Liquors (Google eBook)

Front Cover
West Publishing Company, 1892 - Liquor laws - 711 pages
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Contents

Fruits Preserved in Spirits
10
Alcohol
11
Whisky
14
Brandy
15
Gin 15
16
18
18
Beer
20
Cider
24
Tavern
25
TipplingHouse 21 Saloon 22 BarRoom
27
Wholesaler and Retailer
28
CHAPTER II
30
Scope of the Police Power
32
CHAPTER III
43
Property in Liquors
49
Discrimination against Products of Other States
55
Constitutionality of License Laws
61
Same Restriction to Particular Classes
67
Power to Authorize Abatement of Liquor Nuisances
73
Laws Relating to Rules of Evidence
79
Constitution1 Provisions as to Enactment of Laws
86
CHAPTER IV
87
The Rule in Brown v Maryland 68 Exemption of Foreign Imported Liquors from State Laws
88
The Decision in the License Cases
91
Interstate Commerce and the Police Power
93
Importation from Another StateBowman v Railway 72 The Original Package Decision
96
Cases Following Leisy v Hardin
102
Effects of this Decision
104
What Constitutes an Original Package
106
Enactment of the Wilson Law 77 Constitutionality of Wilson
107
Operation and Effect of Wilson
109
CHAPTER V
112
Taking Property without Due Process of
115
Impairing the Obligation of Contracts
121
Retrospective Effect of Prohibition 86 Regulation of Commerce
122
Conflict with United States Revenue Laws 88 Adoption of Constitutional Amendment
123
Property in Liquors under Prohibitory Laws 90 Repeal of Prior Laws by Adoption of Prohibition
124
Nature and Terms of Local Option Laws
126
Repeal of Local Option
140
Uniformity in Taxation
146
Examples pf Application of the Power vil
151
117 Definition of License
155
No License Created by Parol or Implication
156
Wrongful Refusal or Neglect to Grant License
157
Impossibility of Obtaining License
158
Performance of Conditions not Equivalent to Obtaining License
159
Retroactive Effect of License
160
Number of Licenses required
161
Separate Licenses Required from Different Jurisdictions 125 U S License no Protection against State Laws 126 Effect of Government License 127 Lic...
165
License Gives no Vested Rights 129 Effect of Repeal of Law on Unexpired License 130 License is not Assignable
169
License does not Pass to Administrator 132 License Protects Servant or Agent
171
Removal of Principal from State
172
Rights of Partners under License
173
Statutory Authority for Transfer of License 138 Sales under Expired License
174
Invalid License no Protection Part IIL What Persons are Required to be Licensed 138 Persons Eligible to be Licensed
175
What Persons must Take out License
176
Wholesalers
178
Manufacturers 142 Social Clubs
179
License to Joint Parties Part IV Form and Conditions of License 144 Form of License
187
Designation of Place of Sale
188
Conditions in License 147 Duration of License
189
License Subject to Existing Laws 149 Effect of Laws Subsequently Enacted
190
Restriction as to Place of Sale
191
Laws Prohibiting Sales to Particular Classes of Persons
192
Requirement that License be Displayed 153 Screen
193
Power to Grant Licenses
195
Power cannot be Delegated
197
Application for License
198
Affidavit of Applicant 158 Notice of Application
199
Recommendation of Application
200
Who may Sign Recommendation
201
Number of Persons Recommending
202
Moral Qualifications of Applicant
204
Requirement as to Residence 164 Remonstrances
206
Right to Contest Application 166 Appointing Day for Hearing
208
Procedure on Hearing Application 168 Evidence on Application
209
Disqualification of Judges
210
Discretion in Granting or Refusing License
211
Nature of this Discretion
214
Mandamus to Compel Issuing of License
215
Appeal from Order of Licensing Authority
217
Certiorari to Roview Proceedings 175 Restraining Grant of License 176 Criminal Responsibility of Licensing Board
220
Action for Refusal to Issue License 178 License not Collaterally Impeachable
221
License Fees not Taxation 180 Fixing Amount of Fees 181 Reasonableness of Amount
222
Ordinances Increasing Amount of
224
Payment in Advance Required
226
License Fee Payable in Money
227
Collection of License Fees
228
Disposition of License Moneys
229
Recovery of Excessive or Illegal Fee Paid
230
Refunding Money on Refusal or Cancellation of License
232
Power to Revoke Licenses
233
Revocation by Repeal of Law 191 Jurisdiction for Revocation
234
Causes for Revocation of License
235
Proceedings and Evidence
237
Damages Recoverable in Suit on Bond
243
Entire and Divisible Accounts
251
Appropriation of Payments on Account Partly Illegal
252
CHAPTER X
260
Conflict of Ordinance with Constitution
265
Conflict of Ordinance with General
266
Repeal of Ordinance by Subsequent Statute
268
Coordinate Authority of State and Municipality
269
Grant of Exclusive Power to Municipality
270
Power to Regulate does not Include Power to Prohibit
271
Power Granted to Municipality cannot be Delegated 229 Power of Municipality to Require Licenses
274
Power to Exact License Fees
276
Limitation of Municipal Power as to Amount of Fee Chargeable
278
Differential and Discriminating Rates 233 Providing for Revocation of License
280
Ordinances Regulating Sale of Liquor
281
Ordinance Prohibiting Sale on Sunday
282
Prescribing Hours of Closing Saloons
283
Prohibiting Employment of Women in Saloons
284
CHAPTER XI
285
Construction and Operation of Statutes
286
Oath and Bond against Adulteration
287
CHAPTER XII
289
Action for Wrongful Taking or Conversion of Liquor
291
Statute Forbidding Recovery of Possession or Value
292
Mortgage of Liquors
295
Insurance of Liquors 248 No Recovery on Illegal Contract
296
No Action for Price of Liquors Illegally Sold
297
Recovery on Liquor Contract by Award
302
Revival of Right of Action by Repeal of Law 255 Laws Forbidding Credit for Liquor Sold
303
Note Given on Illegal Sale of Liquor is Void
304
Proof of Illegality of Note
305
Consideration of Note Illegal in Part 259 Rights of Innocent Holder for Value
306
Proof of Character of Holder 261 Purchaser of Note after Maturity
308
Judgment for Price of Liquor Sold 263 Money Paid for Liquor cannot be Recovered Back at Common
309
Executory Contract may be Repudiated
310
Statutory Action to Recover Back Payments on Liquor Contracts
311
Recovery for Liquors Sold in Another State
313
Determination of Place of Sale
314
Same Agent Taking Order
316
Knowledge of Buyers Illegal Purpose not Sufficient to Prevent Recovery 270 Participation in Illegal Design Defeats Action
318
Contract Void where Made Void Everywhere
319
Statute Forbidding Recovery on Foreign Sales
320
Laws Forbidding Soliciting of Orders
321
Contracts against Policy of Liquor Laws
322
Avoidance of Leases
323
Who may Take Advantage of Illegality
324
CIVIL DAMAGE LAWS Part I C1v1l Damage Statutes 277 Terms of the Statutes 278 Constitutionality of Statutes 279 Construction of Statutes 280 S...
325
What Per1 283 Wife or Widow
334
Employer
337
Stranger Injured by Intoxicated Person 290 Town or Poor District
338
Intoxicated Person as Plaintiff 292 Seller cannot Recover
339
Joinder of Plaintiffs
340
Immediate and Remote Vendor
341
Person not a LiquorSeller 296 Personal and Bonded Liability 297 Sureties on Dealers Bond
342
Liability of Master for Acts of Servant
343
Joint Liability
344
Plaintiff can have but one Satisfaction
346
Liability of Lessor of Premises
347
Intoxication as Cause of Death
361
Proximate and Remote Causes of Injury
364
Caring for Intoxicated Person 314 Sale after Notice not to Sell
365
Defenses in General
367
License is no Protection 817 Contributing Act or Negligence of Plaintiff
368
Concurrence of Intoxicated Person Part VL Pleadings in the Action 319 Allegations of Complaint
370
Negativing Contributory Negligence
372
Correspondence of Pleading and Proof
373
Evidence in Civil Damage Actions
381
Evidence of Decedents Expectation of Life
387
Husband
388
Contempt Proceedings for Violation of Injunction
401
Particular Averments
408
Sale of Liquor to Minors
415
Arrest or Seizure without Warrant
418
CHAPTER XVI
426
Personal Liability of Servant or Agent
432
Personal Liability of Wife
439
Grade of Offenses 384 Illegal Sales 383 Being a Common Seller
447
Pursuing the Business of Selling Liquor
450
Unlawful Keeping of Liquors
452
Maintaining Liquor Nuisance
453
Keeping Place for Sale of Liquors
455
Keeping Disorderly House
456
Furnishing Liquor in Theatres 392 Selling Liquor to be Drunk on Premises
457
Keeping Open on Prohibited Days
460
Illegal Transportation of Liquors
462
Introduction of Liquor into Indian Country
463
Importation of Liquor into Alaska
464
Bell Punch
465
Employment of Women in Saloons 399 Manufacture of Liquor
466
Being Drunk in a Public Place 401 Distinct Offenses in One
467
CHAPTER XVIII
468
What Constitutes a Sale
469
Sales on Credit
472
Devices to Concenl n Sale 406 Sale Distinguished from Gift or Barter
474
Giving Liquor in Kindness or Hospitality
476
Acting as Agent for Buyer 409 Sale of Liquor without License
477
Sale without License not a Continuing Offense
479
Sales Exempted from License Law 413 Unlicensed Sales for Medical Uses
480
Pales for Purposes not Authorized by License
481
Sales in Prohibited Quantities
482
Ignorance of Minority of Purchaser as a Defense
487
Mistake of Fact Held no Defense
488
Father
490
Sale to Minor as Agent or Messenger for an Adult
492
Adult Treating Minor
494
Purchase by Adult as Agent of Minor
495
Sale of Liquor to Intoxicated Person
496
Sales to Habitual Drunkards
497
What Constitutes Intemperate Habits
498
Sellers Knowledge of Purchasers Habits
500
Sale of Liquor to Indians
502
Sale of Liquor on SuDday
503
Sunday Sales to Lodgers or Guests
504
Sale of Liquor on ElectionDays
505
Sale of Liquor on Public Holidays
507
Sale after Lawful Hours 433 Sales in Prohibited Places
508
Sales Made out of Territory Covered by Lcense 435 Sales near Churches Schools Fairs
511
CHAPTER XIX
515
Certainty
517
Following the Statute
518
Disjunctive Allegations
519
Duplicity
520
Conjunctive Allegations
521
Joinder of Counts
522
Surplusage
523
Negativing Exceptions and Defenses
524
Same Exception as to Druggists
525
Same Exception as to Particular Uses
526
Same Exception ns to Imported Liquors 448 Negativing License or Authority to Sell
528
Form of Allegation Denying License
529
Referring to the Statute
533
Conclusion Against the Form of the Statute 432 Complaint for Violation of Municipal Ordinance
534
Allegations of Sales
537
Alleging Evasions or Devices to Conceal a Salo
539
Charging Use or Disposition of Liquors 458 Knowledge and Intent of Vendor
540
Allegation as to Time
541
Laying the Time with a Continuando 461 Allegation as to Place
543
Laying the Venue 463 Where Place is of the Essence of the Offense
545
Allegation of Name of Purchaser
546
How Purchaser is Described
549
Description of Liquors Sold
550
Not Necessary to Specify Particular Kind of Liquor
551
Charging Sale of Various Liquors in the Disjunctive 469 Allegation of Intoxicating Properties of Liquor
553
Allegation as to Quantity Sold
554
Charging Sale of One Glass or Drink
555
Where Statute Prohibits Sales of Less tlmu a Certain Quantity 473 Where Quantity is not Material to the Offense 474 Allegation of Price Paid
559
Charging Sale of Liquor to be Drunk on Premises
561
Alleging Sale in Prohibited Places
562
Allegation of Sale to Minor
563
Allegation of Sale to Habitual Drunkard
565
Charging Sale on Sunday
566
Charging Sale on Election
568
Being a Common Seller
569
Unlawfully Pursuing Business of Liquor Selling
570
4S3 Keeping Liquors for Unlawful Sale
571
Keeping Place for Unlawful Sale of Liquor
572
Keeping a Tippling House
573
Charging Maintenance of Nuisance
574
Violation of Screen
577
Charging Illegal Transportation of Liquor 489 Violation of Laws against Adulteration
578
Charging Violation of Local Option
579
Charging Second Offense
580
Competency of AVitnesses
581
Proof of Sale to Intoxicated Person 533 Proof of Sale to Habitual Drunkard
582
Evidence of Spies and Informers
583
Circumstantial Evidence 495 Same Finding Liquor on Premises
584
Same Efforts to Conceal Liquor 497 Same Drunken Men about the Premises
586
Weight and Sufficiency of Evidence
587
Knowledge and Intent 500 Connectfhg Defendant with Unlawful Acts Shown
588
Record of Prior Conviction
590
5C2 Evidence in Case of Joint Parties
591
Proving iale of Liquor 504 Allegation of Sale and Proof of Gift
593
Evider ee of Sales Other than Those Counted on 506 Evidence of Selling without License
595
Burden of Proving License
596
Evidence on Question of License
598
United States License as Evidence
600
Evidence of Sale by Servant or Agent
601
Burden of Proving Legality of Sale
603
Evidence as to Time of Offense
604
Same Single Unlawful Sale
605
Same Continuing Offense
606
Same Sale on Sunday
608
Evidence as to Place of Offense
609
Identification of Purchaser
610
Evidence under Allegation of Sale to a Person Unknown
611
Evidence of Quantity of Liquor Sold
612
Evidence as to Kind of Liquor Sold
613
Proof of Intoxicating Properties of Liquor
615
Same Chemical Analysis
617
Proof of Being a Common Seller
618
Proof of Pursuing Business of LiquorSelling
619
Proof of Keeping Liquors for Unlawful Sale
620
Proof of Keeping Piece for Unlawful Sale 527 Evidence of Maintaining Nuisance
625
Evidence on Prosecution of Club
626
Evidence of Violation of Local Option
630
CHAPTER XXI
632
PROCEDURE IN LIQUOR CASES JS 535 Jurisdiction
633
Limitation of Actions 537 Effect of Repeal of Statute
634
Form of Proceeding
635
Who may Institute Proceedings 540 Preliminary Proceedings 541 Warrant or Summons
637
Defendants Plea 543 Specification of Offenses
638
Election between Offenses
639
Trial by Jury
640
Competency of Jurors 547 Verdict
641
Sentence and Punishment
642
Separate Sentences on Separate Counts 550 Sentencing Joint Offenders
645
Increased Penalty for Second Offense 552 Informers Share of Penalty
646
Double Penalties 054 Lien of Fine on Homestead
647
Bar by Former Conviction or Acquittal
648
Proof of Sale of Liquor to be Drunk on Premises 530 Proof of Illegal Transportation of Liquors
671
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Page 31 - the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth ami
Page 59 - conceive, is this: The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Page 361 - action only where the wrongful act causing the death is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof. In
Page 263 - It is a general and undisputed proposition of law," says Judge Dillon, "that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation—not simply convenient, but indispensable."
Page 117 - the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights, secured by the fundamental law. it is the duty of the courts to so adjudge, and thereby give effect to the constitution. "Keeping in view these principles, as governing the relations of the judicial and legislative departments of
Page 36 - all those powers which relate to merely municipal legislation, or what may, perhaps, more properly be called internal police, are not thus surrendered or restrained, and consequently, in relation to these, the authority of a state is complete, unqualified, and exclusive."
Page 120 - a taking or an appropriation of property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dispose of it. but is only a declaration by the state that its use by any one, for certain forbidden purposes, is
Page 327 - intoxicating liquors, have caused the intoxication in whole or in part of such person or persons. And any person owning, renting, leasing, or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or who, having leased the same for
Page 164 - the payment of any tax imposed by the internal revenue laws for carrying on any trade or business shall not be held to exempt any person from any penalty or punishment provided by the laws of any state for carrying on the
Page 33 - protection of the lives, health, and property of the citizens, and to the preservation of good order and the public morals. The legislature cannot, by any contract, divest itself of the power to provide for these objects. They belong emphatically to that class of objects which demand the application of the maxim

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