State ex rel. Henshall v. Ludington
Wisconsin Supreme Court
APPLICATION for a Mandamus. The petition of the relator alleged, in substance, that Harrison Ludington, as mayor of the city of Milwaukee, had granted license to certain named persons, and to numerous persons not named, to sell spirituous and intoxicating liquors in said city, such persons not having filed with the proper authorities the bond required by sec. 1, ch. 127, Laws of 1872 ; and it prayed this court for a writ of mandamus commanding the said Lud-ington, as mayor,…
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APPLICATION for a Mandamus. The petition of the relator alleged, in substance, that Harrison Ludington, as mayor of the city of Milwaukee, had granted license to certain named persons, and to numerous persons not named, to sell spirituous and intoxicating liquors in said city, such persons not having filed with the proper authorities the bond required by sec. 1, ch. 127, Laws of 1872 ; and it prayed this court for a writ of mandamus commanding the said Lud-ington, as mayor, and the respondents Mahoney and White, as clerk and comptroller of said city, respectively, not to sign or countersign,…
1Opinion of the Court
DfxON, C J.
Counsel for the respondent frankly concede the constitutional power of the legislature to entirely prohibit the selling or giving away of ardent or intoxicating liquors or spirits to be used as a beverage, and attack only certain provisions of the act as being inconsistent with the authority to. sell conferred, and repugnant to the constitutional rights of the citizen engaged in an authorized and lawful traffic and business. The point thus yielded, and as to which there would seem to be little room for controversy at the present day, of the general power of the legislature over the…
2Cases cited1 opinion
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
3Cited by23 opinions
- Farmers Mutual Automobile Insurance v. GastWisconsin Supreme Court · 1962
- State v. Parker Distilling Co.Supreme Court of Missouri · 1911
- State v. BixmanSupreme Court of Missouri · 1901
- Baker v. StateWisconsin Supreme Court · 1882
- Zodrow v. StateWisconsin Supreme Court · 1913
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