City of Pekin v. Smelzel
Illinois Supreme Court
This cause was an appeal to the Circuit Court, from the police magistrate of the city of Pekin, on a complaint for selling beer in a less quantity than one gallon, without license.
Read the full summary
This cause was an appeal to the Circuit Court, from the police magistrate of the city of Pekin, on a complaint for selling beer in a less quantity than one gallon, without license. Upon the trial of this cause, the plaintiff offered in evidence the following ordinance: “ An Ordinance entitled an ordinance for licensing the vending, by retail, of spirituous or malt liquors: “ Section 1. Be it ordained by the City Council of the City of Pekin, That from and after the passage of this ordinance, the city council may grant licenses to any person or persons to retail vinous, spirituous and malt…
1Opinion of the CourtWalker, J.
It is objected that by the charter, the city had no power to prohibit the sale of beer. The amendatory act of the charter of the city, adopted 19th June, 1852, Session Laws, 41, provides, “That the city of Pekin shall have power and authority to enact and pass ordinances, not inconsistent with the laws of this State, to suppress and restrain the sale of intoxicating liquors, tippling houses and dram shops.” The charter of the city, as it was originally adopted, conferred the power to tax, restrain, prohibit and suppress tippling houses, and dram shops, by ordinance. The only limitation upon…
2Cited by9 opinions
- Cunningham v. BrownIllinois Supreme Court · 1961
- Dennehy v. City of ChicagoIllinois Supreme Court · 1887
- Kansas City v. HallettMissouri Court of Appeals · 1894
- Baldwin v. MurphyIllinois Supreme Court · 1876
- Block v. President of JacksonvilleIllinois Supreme Court · 1865
4 more not listed; retrieve them via the Exa API.