City of El Dorado v. Beardsley
Supreme Court of Kansas
Appeal from Butler District Court. C. 0. Beardsley was prosecuted under an ordinance of the city of El Dorado upon 44 counts, for the illegal sales of intoxicating liquors in June, July, and August, 1893, and was convicted in the police court. He appealed to the district court, where he was tried again. He was convicted in that court on 35 counts, and sentenced to pay a fine of $100 and to be imprisoned in the city prison of El Dorado for a period of 30 days on each count.
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Appeal from Butler District Court. C. 0. Beardsley was prosecuted under an ordinance of the city of El Dorado upon 44 counts, for the illegal sales of intoxicating liquors in June, July, and August, 1893, and was convicted in the police court. He appealed to the district court, where he was tried again. He was convicted in that court on 35 counts, and sentenced to pay a fine of $100 and to be imprisoned in the city prison of El Dorado for a period of 30 days on each count. From that judgment he appeals to this court, and insists that the city ordinance of the city of El Dorado, under which he…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
I. The contention that the subject-matter of the ordinance is not clearly expressed in its title is not tenable. The ordinance was not enacted for the purpose of regulating the sale of intoxicating liquors in the city of El Dorado. Under the constitution, the manufacturing and sale of intoxicating liquors for medical, scientific and mechanical purposes are expressly authorized. Under the statute, permits may be taken out by persons authorized to sell intoxicating liquors for the excepted purposes. The ordinance prohibits absolutely the…
2Cases cited3 opinions
- Franlin v. WestfallSupreme Court of Kansas · 1882
- City of Topeka v. ZufallSupreme Court of Kansas · 1888
- In re DonnellySupreme Court of Kansas · 1883