Legal Opinion

Constitutional Prohibitory Amendment

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 110 opinions

Original Proceedings in Habeas Corpus, etc. The adoption of the amendment to the state constitution, •at the general election of 1880, prohibiting the manufacture .and sale of intoxicating liquors, except for certain specified purposes, gave rise to several actions brought to test the validity of the amendment itself, and its effect, if valid, on the •dramshop act.

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Original Proceedings in Habeas Corpus, etc. The adoption of the amendment to the state constitution, •at the general election of 1880, prohibiting the manufacture .and sale of intoxicating liquors, except for certain specified purposes, gave rise to several actions brought to test the validity of the amendment itself, and its effect, if valid, on the •dramshop act. Four of these cases were -heard and considered together in this court, in February, 1881. These cases are as follows: Petition filed in this court, January 5, 1881, for a writ of habeas corpus. The petition states in substance that…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The paramount question in these cases is, ■ the validity of the prohibitory amendment submitted at the last November election. Counsel have invoked our most careful and serious consideration in its determination. Its importance compels that. On the one hand, we have been told that it is the crowning effort of a brave and earnest people to free itself from the curse of intoxication; on the other, that it is a departure from the wisdom and experience of the past, a radical change of policy, trespassing upon personal liberty and rights of…

2Cases cited20 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. Bartemeyer v. IowaSupreme Court of the United States · 1874
  3. Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
  4. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  5. Division of Howard CountySupreme Court of Kansas · 1875

15 more not listed; retrieve them via the Exa API.

3Cited by110 opinions

  1. Chaney v. BryantSupreme Court of Arkansas · 1976
  2. Kadderly v. PortlandOregon Supreme Court · 1903
  3. People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
  4. Keenan v. PriceIdaho Supreme Court · 1948
  5. Hammond v. ClarkSupreme Court of Georgia · 1911

105 more not listed; retrieve them via the Exa API.

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