Haggart v. Stehlin

Dissenting Opinion.

Howard, C. J.

I regret that I am unable to agree in the result reached by the majority of the court in this case.

In the admirable opinion delivered on the first hearing of the case by Elliott, C. J., then a member of this court (29 N. E. Rep. 1073), the validity of our statute regulating the liquor traffic was fully and clearly demonstrated, as it is, also, in the majority opinion of the court at the present hearing. Yet the able counsel for appellants has insisted, and still insists, that the question at issue is not the constitutionality of the statute in so far as it…