Schmitt v. F. W. Cook Brewing Co.
Indiana Supreme Court
From Vanderburgh Superior Court; Fred M. Hostetter, Judge. Suit by the F. W. Cook Brewing Company against Edgar Schmitt, as superintendent of police of the city of Evansville. From a judgment for the plaintiff, the defendant appeals.
1Dissent
Dissenting Opinion.
Spencer, J.
— I am unable to agree with the majority of my associates that the manufacture of intoxicating liquors within the State of Indiana may lawfully be prohibited under the Constitution of the state and, in view of the importance of the question at issue, I feel impelled to state the grounds of my dissent.
As is suggested by the majority opinion, this action was instituted by appellee to restrain appellant from *636enforcing the so-called Prohibition Law of 1917 (Acts 1917 p. 15) on the ground that said law is unconstitutional and void. Various reasons for the position…
2Cases cited11 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Lawton v. SteeleSupreme Court of the United States · 1894
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- State v. RichcreekIndiana Supreme Court · 1906
- Republic Iron & Steel Co. v. StateIndiana Supreme Court · 1903
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