Territory of Dakota v. Webster
Supreme Court Of The Territory Of Dakota
Error to the district court of Codington county; Hon. James Hpencer, Judge. The special act granting a charter to the city of Watertown 'was passed March 11, 1885. The sale is admitted, but justified under a license from the ■city council of WTatertown. The county claims a right to collect a license under section 7, c. 26, Laws 1879. We concede that in the case of cities incorporated under chapter 24, Pol. ■C., this right would exist.
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Error to the district court of Codington county; Hon. James Hpencer, Judge. The special act granting a charter to the city of Watertown 'was passed March 11, 1885. The sale is admitted, but justified under a license from the ■city council of WTatertown. The county claims a right to collect a license under section 7, c. 26, Laws 1879. We concede that in the case of cities incorporated under chapter 24, Pol. ■C., this right would exist. Had the legislature, in granting the •charter to the city of Watertown, granted the simple power to license or tax, as mentioned in section 7, c. 26, Laws 1879,…
1Opinion of the CourtThomas, J.
This cause comes up on a writ of error from the district court of Codington county, and the facts in the case are substantially as follows: The plaintiff in error, O. 3. Webster;, was indicted by the grand jury of said county for the alleged unlawful sale of intoxicating liquors, to which said indictment, he entered a plea of not guilty. On the trial of the case he. admitted that he had sold intoxicating liquors in said county without first having obtained a license from the board of county commissioners, but claimed, and it was admitted by the territory, that said sales were made within the…
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