People ex rel. Loughran v. Flynn
Appellate Division of the Supreme Court of the State of New York
Appeal 'by the relator, Patrick Loughran, from an order of the Supreme Court, made at the New York Special Term and entered in the office, of the clerk of the county of Ne,w York on the 20th day of September, 1905, dismissing a writ of habeas corpus and remanding the- relator to the custody of the defendant.
1Dissent
Clarke, J. (dissenting):
I dissent.' It is and always has been the law of this State that the regulation of the traffic in liquors is part of the police power. In the exercise of that power the Legislature has provided that a license procured by false statements as to certain easily ascertainable physical facts shall be invoked by one State . officer on an official report made after inspection by another public officer of the nonexistence of those physical requirements in the building in which the liquor is to be. sold. To hold that a license to sell liquor obtained by such a fraud so…
2Cases cited5 opinions
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
- Lyman v. . SchermerhornNew York Court of Appeals · 1901
- People ex rel. Ernest Ochs, Inc. v. HilliardAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. Ernest Ochs, Incorporated v. . HilliardNew York Court of Appeals · 1904