Eidge v. City of Bessemer
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hou. William Jackson. W. S. Eidge'was convicted of unlawfully keeping intoxicants on storage, and lie appeals.
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Appeal from Bessemer City Court. Heard before Hou. William Jackson. W. S. Eidge'was convicted of unlawfully keeping intoxicants on storage, and lie appeals. The ordinance is as follows: “Section 1. Be it enacted by the city council of Bessemer as follows: That it shall be unlawful and constitute a volation of this ordinance if any person, firm or corporation in the city of Bessemer have or keep on storage or deposit or have therein any vinous, spirituous or malt liquors, or intoxicating beverages which is a product of maltace or gencase as a substantial ingredient, in or at any place where…
1DissentMcCLELLAN, J.
(dissenting). — This appeal invites the judgment of this court upon the inquiry whether the ordinance of the City of Bessemer, approved February 18, 1909, is a valid exercise of the police power. A majority of the court pronounce against its validity. It is indispensable to the determination of the validity of statute or ordinance that construction thereof be first taken. What does the assailed enactment mean? What does it prescribe or provide? What is its effect? — are first questions in the delicate and highly important judicial duty of deciding the validity vel non of legislative…
2Cases cited15 opinions
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Booth v. IllinoisSupreme Court of the United States · 1902
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Davis v. StateSupreme Court of Alabama · 1880
- State v. GilmanWest Virginia Supreme Court · 1889
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