Alexander v. Graves

Dissenting Opinion.

Anderson, J.,

delivered a dissenting opinion.

The question is whether the ordinance was authorized by section 18', and paragraph (b) of section 22 of the act. Section 18! empowers municipalities and counties to make and enforce rules and regulations “for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety.” And paragraph (b) of section 22 gives them the power to designate territory surrounding churches and schools in which wines and beer “shall not be sold or consumed.”

The…