State ex inf. Harvey v. Missouri Athletic Club
Supreme Court of Missouri
Quo Warranto. (1) The sale of intoxicating liquors is immoral and illegal, (a) The tendency of the sale of intoxicating liquors is to deprave public morals, and its sale is therefore illegal. Its sale is “malum prohibitum” if indeed it is not “malum in se.” Austin v. State, 10 Mo. 591; State ex rel. v. Hudson, 78 Mo. 302; State ex rel. v. Moore, 84 Mo.
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Quo Warranto. (1) The sale of intoxicating liquors is immoral and illegal, (a) The tendency of the sale of intoxicating liquors is to deprave public morals, and its sale is therefore illegal. Its sale is “malum prohibitum” if indeed it is not “malum in se.” Austin v. State, 10 Mo. 591; State ex rel. v. Hudson, 78 Mo. 302; State ex rel. v. Moore, 84 Mo. App. 18; State v. Davis, 108 Mo. 6701. (b) There is no such thing as a natural right to sell or dispense intoxicating liquors. It is a restricted privilege granted by the State to a certain class of natural persons. State v. Bixam, 162 Mo. 21.…
1Opinion of the CourtWalker, J.
The circuit attorney of the city of St. Louis has instituted two original proceedings in this court in the nature of quo warranto for the purpose of forfeiting the charters of two corporations, the St. Louis Club, and the Missouri Athletic Club, because of their alleged misuse and abuse of their respective franchises in having sold, without licenses as dram-shop-keepers, intoxicating liquors, and in having violated section 7226, Revised Statutes 1909, in receiving, storing, keeping or delivering* as agents or otherwise, *586of any other person, intoxicating liquors without having licenses as…
2Cases cited41 opinions
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- Boyd v. AlabamaSupreme Court of the United States · 1877
- Iowa v. McFarlandSupreme Court of the United States · 1884
- Mead v. . StrattonNew York Court of Appeals · 1882
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