Barton v. Incorporation of Gadsden
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. James E. Cobb. This was a prosecution for the violation of a municipal ordinance of the town of Gadsden, which provided that, from and after its passage, “it shall not be lawful for any person to sell, or otherwise dispose of vinous, spirituous, or malt liquors, or other intoxicating beverages or bitters whatever, within the corporate limits of Gadsden and imposed a penalty of $50 for its violation.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. James E. Cobb. This was a prosecution for the violation of a municipal ordinance of the town of Gadsden, which provided that, from and after its passage, “it shall not be lawful for any person to sell, or otherwise dispose of vinous, spirituous, or malt liquors, or other intoxicating beverages or bitters whatever, within the corporate limits of Gadsden and imposed a penalty of $50 for its violation. This ordinance, No. 63, was adopted on the 3d January, 1882; ’and under its provisions the defendant was arrested on the 24th March,…
1Opinion of the CourtClopton, J.
Our conclusion renders unnecessary a decision of the question as to the power of the municipal authorities to adopt the ordinance No. 63. The ordinance was adopted in January, 1882; and declares, “it shall not be lawful for any person to sell, or otherwise dispose of vinous, spirititous or malt liquors, or other intoxicating beverages or bitters whatever, within the corporate limits of the city of Gadsden;” and subjects the offender to a tine of not less than fifty dollars. There are other provisions, relating to physicians and druggists. In January, 1885, the board of mayor and aldermen…
2Cases cited2 opinions
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