State v. Harper

The defendant in this case was indicted for selling liquor without a license, and lie justified by pleading a license from *531the city of Cartilage,- which he insisted exempted him from procuring a State and county license. The clause in the city charter relied on, gives the city eouneil power “to tax, restrain, prohibit, and suppress dram shops.” The ordinance read in evidence provides for a tax on licenses, but there was no attempt made to either restrain or prohibit. Upon these facts, the court found the defendant guilty, and assessed a fine against him.

Unless there be something in the…