People ex rel. Leonard v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John Leonard, from an order of the county judge of Monroe county, bearing date April 20, 1899, directing the county treasurer of that county to issue to the relator a liquor tax certificate, unless within five days the town clerk of the town of Ogden should file with the. county treasurer a certified copy Of the statement of the result of the elebtion in said town, “ pursuant to section 16 of the Liquor Tax Law, from which it shall appear that said…
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Appeal by the relator, John Leonard, from an order of the county judge of Monroe county, bearing date April 20, 1899, directing the county treasurer of that county to issue to the relator a liquor tax certificate, unless within five days the town clerk of the town of Ogden should file with the. county treasurer a certified copy Of the statement of the result of the elebtion in said town, “ pursuant to section 16 of the Liquor Tax Law, from which it shall appear that said Liquor Tax certificate cannot lawfully be granted, in which event the application shall be and is refused and the writ of…
1Opinion of the Court
. Spring, J.:
Prior to the enactment of the Liquor Taw Law the right to deter- . mine whether liquor should be sold was left, in the towns of this State, to the electors. While the vote was not directly for or against *214license, the issue was always clear and definite at the town meetings, and the candidates voted for were i nominated as distinctively representing the approval of or opposition to the granting of licenses. In practical effect local option prevailed. This submission to the will of the electors of this question was recognized as of vital importance in the towns, and had been in…
2Cases cited3 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- People Ex Rel. Young v. . StraightNew York Court of Appeals · 1891
- People ex rel. Russell v. Canvassers of Albany CountyNew York Supreme Court · 1887
3Cited by9 opinions
- In re ArnoldNew York Supreme Court · 1900
- In re MerowAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Henness v. DouglassAppellate Division of the Supreme Court of the State of New York · 1911
- In re TinkcomNew York Supreme Court · 1906
- People ex rel. Hayes v. EdwardsNew York Supreme Court · 1904
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