Decie v. Brown
Massachusetts Supreme Judicial Court
Petition, filed October 19, 1896, for a writ of mandamus to compel the license commissioners of the city of Newbury port to issue to the petitioner a license to sell intoxicating liquors under the first and fourth classes, as provided by the Pub. Sts. c. 100, and the acts amendatory thereof.
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Petition, filed October 19, 1896, for a writ of mandamus to compel the license commissioners of the city of Newbury port to issue to the petitioner a license to sell intoxicating liquors under the first and fourth classes, as provided by the Pub. Sts. c. 100, and the acts amendatory thereof. The petition alleged that the application was rejected for the sole reason that the said board of license commissioners was restricted by St. 1888, c. 340, and that but for such restriction, which provides that “ the number of places licensed for the sale of such liquors shall not exceed one for each one…
1Opinion of the CourtBarker, J.
The petitioner having been refused a license because of the restriction imposed by St. 1888, c. 340, that the *291number of places licensed shall not exceed one for each one thousand of the population, contends that the statute is unconstitutional because it in effect gives to the proprietors of licensed places unequal advantages and peculiar and exclusive privileges, and so conflicts with article 6 of the Declaration of Rights of the Constitution of the Commonwealth, and with Art. XIV. sect. 1 of the Amendments to the Constitution of the United States.
It is too late to question the validity of…
2Cases cited7 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Bartemeyer v. IowaSupreme Court of the United States · 1874
- Giozza v. TiernanSupreme Court of the United States · 1893
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
- Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. PornMassachusetts Supreme Judicial Court · 1907
- People ex rel. Fitzgerald v. HarrisonIllinois Supreme Court · 1912
- Landers v. Eastern Racing Association, Inc.Massachusetts Supreme Judicial Court · 1951
3 more not listed; retrieve them via the Exa API.