Legal Opinion

State v. Cassidy

Supreme Court of Minnesota

Decided December 9, 1875PublishedCited by 73 opinions

This and the next following case were prosecutions for selling liquor without the license required by Laws 1873, ch. 10, the title and material sections of which are stated at length in the following opinion. In this case the defendant was convicted before a justice of the peace in Olmsted county, and appealed to the district court for that county, where the judgment of the justice was, by order of Mitchell, J., affirmed, and the defendant appealed to this court.

1Opinion of the CourtCornell, J.

The sole question presented for consideration in this case relates to the constitutionality of Laws 1873, ch. 10, entitled “An act to establish a fund for the foundation and maintenance of an asylum for inebriates.” Its unconstitutionality is rested on the ground that it imposes a specific tax upon a class of persons engaged in a particular business, and is, therefore, in conflict with § 1, art. 9, of the constitution, which requires that “ all taxes to be raised in this state shall be as nearly equal as may be, and all property on which taxes are to be levied shall have a cash valuation, and…

2Cases cited8 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Bright v. McCulloughIndiana Supreme Court · 1866
  3. Board of Supervisors v. HeenanSupreme Court of Minnesota · 1858
  4. City of St. Paul v. ColterSupreme Court of Minnesota · 1866
  5. State ex rel. Stuart v. KinsellaSupreme Court of Minnesota · 1869

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3Cited by73 opinions

  1. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
  2. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  3. Winters v. City of DuluthSupreme Court of Minnesota · 1901
  4. Allen v. Pioneer-Press Co.Supreme Court of Minnesota · 1889
  5. State v. CantienySupreme Court of Minnesota · 1885

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