Cureton v. State
Supreme Court of Georgia
Constitutional questions; from Court of Appeals. 2752. The Court of Appeals certified to the Supreme Court the following questions: “Is the act approved August 6, 1907 (Acts 1907, p. 81), commonly known as the prohibition law, unconstitutional and invalid in that it absolutely and totally prohibits the manufacture of alcohol for any and every purpose, including its use for medicinal, scientific, and mechanical purposes and its use in the arts, as well as other uses than as a…
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Constitutional questions; from Court of Appeals. 2752. The Court of Appeals certified to the Supreme Court the following questions: “Is the act approved August 6, 1907 (Acts 1907, p. 81), commonly known as the prohibition law, unconstitutional and invalid in that it absolutely and totally prohibits the manufacture of alcohol for any and every purpose, including its use for medicinal, scientific, and mechanical purposes and its use in the arts, as well as other uses than as a beverage, for any of the following reasons: because to enforce it - (and especially as relates to the plaintiff in…
1Opinion of the CourtLumpkin, J.
If anything can be established by repeated adjudication, it is that the regulation or prohibition of the sale of spirituous and intoxicating liquors is a matter which falls peculiarly within the police power of the State. In Henderson v. Heyward, 109 Ga. 373, 376 (34 S. E. 590, 47 L. R. A. 366, 77 Am. St. R. 384), Mr. Justice Cobb said: “That the State has a right to prohibit absolutely the sale of whisky is no longer an open question, either in this court or in the Supreme Court of the United States.” See Whitley v. State, 134 Ga. 758, 773, 774 (68 S. E. 716), and *662citations. Alcohol is…
2Cases cited8 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Kidd v. PearsonSupreme Court of the United States · 1888
- Atlantic Coast Line Railroad v. StateSupreme Court of Georgia · 1910
- Snider v. StateSupreme Court of Georgia · 1888
- Henderson v. HeywardSupreme Court of Georgia · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Motlow v. StateTennessee Supreme Court · 1911
- Schmitt v. F. W. Cook Brewing Co.Indiana Supreme Court · 1918
- Delaney v. PlunkettSupreme Court of Georgia · 1917
- In Re SpeerIdaho Supreme Court · 1933
- Barbour v. StateSupreme Court of Georgia · 1917
9 more not listed; retrieve them via the Exa API.