State v. Dugan
Supreme Court of Missouri
Appeal from Johnson Criminal Court. — Hon. John E. Hyland, Judge. (1) The local-option law is unconstitutional; because its vitality is not by legislative sanction in localities where it was supposed to be enforceable, but by the sanction of a certain class of voters within localities, and a repeal or continuance of its vitality after four years from the time of the original vote.
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Appeal from Johnson Criminal Court. — Hon. John E. Hyland, Judge. (1) The local-option law is unconstitutional; because its vitality is not by legislative sanction in localities where it was supposed to be enforceable, but by the sanction of a certain class of voters within localities, and a repeal or continuance of its vitality after four years from the time of the original vote. That the legislature being inhibited by the constitution from passing laws and repealing the same, that are special or local, it is equally inhibited from giving ■effect to a local or special law, or suspending the…
1Opinion of the CourtMacfarlane, J.
This was a prosecution under the statute known as the local-option law. The indictment charged in substance that the city of Warrensburg, in the county of Johnson, was a municipal corporation having a population in excess of twenty-five hundred, and had adopted the local-option law which was in force on the seventh day of May, 1890, when defendant, within the limits of said city, contrary to said law, did unlawfully sell intoxicating liquor to a person named. A trial to the court, without a jury, resulted in a conviction of defendant, and he appeals to this court, a constitutional question…
2Cases cited8 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- State v. SearcyMissouri Court of Appeals · 1890
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. MooreSupreme Court of Missouri · 1891
- McPike v. PenSupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Gaston v. LamkinSupreme Court of Missouri · 1893
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- State v. CampbellSupreme Court of Missouri · 1908
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
15 more not listed; retrieve them via the Exa API.