Cahen v. Jarrett
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. The Legislature has no power to prohibit legitimate trade, or deprive our citizens of the right to use and dispose of their property, except within the scope of bona fide sanitary or police regulations. And the law under which the appellant is deprived of his right to deal in spirituous liquors, &c., is not in any just sense a sanitary or police law, or a regulation of traffic.
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Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. The Legislature has no power to prohibit legitimate trade, or deprive our citizens of the right to use and dispose of their property, except within the scope of bona fide sanitary or police regulations. And the law under which the appellant is deprived of his right to deal in spirituous liquors, &c., is not in any just sense a sanitary or police law, or a regulation of traffic. The traffic in spirituous liquors is, by the general laws of the State, a legitimate business, which has been regulated…
1Opinion of the CourtAlvey, J.
The only question presented on this appeal is, Whether the Act of the Legislature of 1874, ch. 439, is 'constitutional or not.
That Act provides, that from and after its passage, “it shall not be lawful for the clerks of the Circuit Courts of this State to issue any licenses for the sale of spirituous or fermented liquors, or lager beer, to any person or body politic, in this State, unless' such person' or body politic shall have been recommended to said clerk by the grand jury, which shall have been in session at the term next preceding the first day of May, in each and every year, in the…
2Cases cited1 opinion
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
3Cited by4 opinions
- Kenneweg v. County Commissioners of Allegany CountyCourt of Appeals of Maryland · 1905
- In Re Special Investigation No. 236Court of Appeals of Maryland · 1983
- Blaney v. StateCourt of Appeals of Maryland · 1891
- Maryland Attorney General Opinion 99OAG050, Maryland Attorney General Reports2014