Legal Opinion

Jones v. Selectmen of Weston

Massachusetts Supreme Judicial Court

Decided March 17, 1921PublishedCited by 4 opinions

Petition, filed in the Supreme Judicial Court on January 21, 1921, for a writ of mandamus directing the selectmen of the town of Weston not to insert in the warrant for the annual town meeting an article providing for a vote upon the question “Shall licenses be granted for the sale of certain non-intoxicating beverages in this town? ” and to issue the warrant without inserting such an article therein.

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Petition, filed in the Supreme Judicial Court on January 21, 1921, for a writ of mandamus directing the selectmen of the town of Weston not to insert in the warrant for the annual town meeting an article providing for a vote upon the question “Shall licenses be granted for the sale of certain non-intoxicating beverages in this town? ” and to issue the warrant without inserting such an article therein. The petition was heard by Carroll, J., who found the facts to be as alleged in the petition and reported the case to the full court for determination.

1Opinion of the CourtRugg, C. J.

This is a petition for a writ of mandamus to compel the selectmen of the town of Weston to ignore the obligation imposed by G. L. c. 138, § 11, to the effect that the selectmen of every town “shall insert in the warrant for the annual . . . town meeting an article providing for a vote upon the question, ‘Shall licenses be granted for the sale of certain non-intoxicating beverages in this town? ’ ” The petition is based on the theory that this and certain other sections of c. 138 are repugnant to the provisions of the Eighteenth Amendment to the Constitution of the United States and the…

2Cases cited2 opinions

  1. National Prohibition CasesSupreme Court of the United States · 1920
  2. Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920

3Cited by4 opinions

  1. O'Neil v. DemersSupreme Court of Rhode Island · 1922
  2. Alexander v. StateSupreme Court of Arkansas · 1921
  3. Commonwealth v. AmbrozievitzMassachusetts Supreme Judicial Court · 1929
  4. State v. GrahamCity of Columbus Municipal Court · 1933

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