State v. Welch
Supreme Court of Connecticut
Information by the city attorney of the city of Meriden to the police court of that city, charging the defendant with keeping open, within the city, a saloon where intoxicating liquors were kept and sold, between the hours of ten and a half o’clock at night and five o’clock in the morning, in violation of a by-law of the city forbidding the same and imposing a penalty of $25 therefor.
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Information by the city attorney of the city of Meriden to the police court of that city, charging the defendant with keeping open, within the city, a saloon where intoxicating liquors were kept and sold, between the hours of ten and a half o’clock at night and five o’clock in the morning, in violation of a by-law of the city forbidding the same and imposing a penalty of $25 therefor. The case came, by appeal to the Superior Court for New Haven county, where, upon a demurrer of the defendant to the information, the case was reserved for the advice of this court. The case is sufficiently…
1Opinion of the CourtCarpenter, J.
This is a prosecution against the defendant for the infliction of a penalty, claimed to have been incurred by him, for the violation of a by-law of the city of Meriden. The complaint is demurred to, on the ground that the charter confers upon the court of common council no power to make the by-law in question.
It is true, as the defendant claims, that the 47th section of the charter confers no authority, in terms, to impose a penalty ; and if the power claimed is derived from that section alone it might be difficult to sustain the validity of this bylaw. It is clearly inferable however from…
2Cited by15 opinions
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