Kitson v. Mayor of Ann Arbor

The validity of the ordinance under which Kitson was convicted, is assailed on three principal grounds: First, That it violates the clause of the constitution forbidding licenses for the sale of intoxicating liquors; second, that it is an unreasonable restraint of trade; and third, that it is an unlawful attempt to raise revenue.

The first ground rests entirely on the assumption that a saloon is necessarily a place for the sale of intoxicating liquors, and Kitson sold nothing else; and that a license to keep a saloon, amounts to a license to sell such liquors.

This ground is not tenable, unless…