In re Sarlo
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Edward W. WinRiejrd, Judge. The condition contained in the grant of license was not authorized by law. 43 Ark. 42; Kirby’s Dig. § § 5119, SI2°- The right to regulate the liquor traffic is vested in the Legislature. 43 Ark. 364; 45 Ark. 356; 34 Ark. 397. The county court merely has the power to license. 41 Ark. 485; 31 Ark. 462; 46 Ark. 358. And does not include the power to revoke the license granted. 17 Col. 302; 6 Rich. 404; 43 la. 514;…
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Appeal from Pulaski Circuit Court. Edward W. WinRiejrd, Judge. The condition contained in the grant of license was not authorized by law. 43 Ark. 42; Kirby’s Dig. § § 5119, SI2°- The right to regulate the liquor traffic is vested in the Legislature. 43 Ark. 364; 45 Ark. 356; 34 Ark. 397. The county court merely has the power to license. 41 Ark. 485; 31 Ark. 462; 46 Ark. 358. And does not include the power to revoke the license granted. 17 Col. 302; 6 Rich. 404; 43 la. 514; 52 la. 515; 150 Mass. 325; 163 Mass. 470; 21 Minn. 512; 46 N. J. b. 108; 5 Hun, 25; 95 N. Y. 223; 21 Or. 83; 29 Grat.…
1Dissent
McCulloch, J.,
(dissenting,) I do not agree with the majority of the court that the county court had either the power to insert the condition in the license or to revoke the license after breach of the condition. However wholesome.the exercise of such power may seem to be, it is sufficient to say that the Legislature has not seen fit to confer that authority, and it is not within the province of the courts to read it into the statute. The power to regulate and control the liquor traffic is vested exclusively in the General Assembly, which may delegate it to any other body or tribunal. It has…
2Cases cited1 opinion
- Drew County v. BennettSupreme Court of Arkansas · 1884