Eureka Springs v. O'Neal
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District. An ordinance of the City of Eureka Springs provides that it shall be unlawful for any person to keep a dram-shop or saloon within the city limits without first procuring a license therefor to be issued by the clerk of the city for a stated period, on the payment of a sum fixed by the ordinance.
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Appeal from Carroll Circuit Court, Western District. An ordinance of the City of Eureka Springs provides that it shall be unlawful for any person to keep a dram-shop or saloon within the city limits without first procuring a license therefor to be issued by the clerk of the city for a stated period, on the payment of a sum fixed by the ordinance. The ordinance also provides that any person violating its provisions shall be punished by a fine of twenty-five dollars for the first offense and fifty dollars for each subsequent offense, and that each sale made without a license shall constitute a…
1Opinion of the CourtMansEieed, J.
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The charter of the appellant city upon it the power to license dram-shops, and to impose a penalty for keeping them without a license. Mansf. Dig. sec. 751. And it may lawfully provide that each day on which a saloon is thus kept shall constitute a separate offense. Siloam Springs v. Thompson, 41 Ark. 456. It follows that, under a valid ordinance containing such provision, a conviction for keeping a dram-shop on a given day is no bar to a prosecution for keeping it on a subsequent day, where the proof relied upon to sustain the second charge is not the same…
2Cases cited2 opinions
- State v. MarshSupreme Court of Arkansas · 1881
- Siloam Springs v. ThompsonSupreme Court of Arkansas · 1883
3Cited by12 opinions
- City of Argenta v. KeathSupreme Court of Arkansas · 1917
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- Paving District v. Sisters of MercySupreme Court of Arkansas · 1908
- State v. Barlow's, Inc.Idaho Court of Appeals · 1986
- Webster v. FergusonSupreme Court of Arkansas · 1910
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