State v. Kessels
Missouri Court of Appeals
Appeal from Buchanan Criminal Court. — Eon. Benjamin J. Casteel, Judge. (1) Within its corporate limits the city of St. Joseph had “exclusive power to regulate, license, tax or suppress dramshops.” Sec. 5508, Subdiv. 21, R. S. 1899. Subdivision 17 of section 5508, Revised Statutes, 1899, gave the mayor and common council pow,er to “license, regulate, tax or suppress . . . saloons, tippling houses and dramshops,” and numerous other vocations.
Read the full summary
Appeal from Buchanan Criminal Court. — Eon. Benjamin J. Casteel, Judge. (1) Within its corporate limits the city of St. Joseph had “exclusive power to regulate, license, tax or suppress dramshops.” Sec. 5508, Subdiv. 21, R. S. 1899. Subdivision 17 of section 5508, Revised Statutes, 1899, gave the mayor and common council pow,er to “license, regulate, tax or suppress . . . saloons, tippling houses and dramshops,” and numerous other vocations. This subdivision, applying as it does to numerous occupations and trades, does not attempt to delegate an exclusive power. State v. Clark, 54 Mo. 17;…
1Opinion of the CourtEllison, J.
The defendant was convicted in the criminal court of Buchanan county, of keeping open his dramshop and selling intoxicating liquors therein on Sunday. The case shows defendant’s dramshop to be located within the city of St. Joseph, a city of the second class in this State. By the law of the State (section 3011, R. S. 1899), under which this prosecution was begun, it was misdemeanor so to do. By an ordinance of the city it was not a misdemeanor. If the State law applies, defendant is guilty. If the ordinance applies, he is not.
It is provided by the charter of cities of the'second class (sec.…
2Cases cited24 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- State v. ClarkeSupreme Court of Missouri · 1873
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- State ex rel. Garner v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
- Lazonby v. SmitheyMissouri Court of Appeals · 1910
- Wills v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- State v. BinswangerMissouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.