Gunther v. City of Hot Springs
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; STATEMENT BY THE COURT. Appellant was convicted for violating an ordinance of the City of Hot Springs, requiring wholesale dealers in malt liquors to pay a license of $300, and appealed to the circuit court where he was again convicted, from which judgment this appeal is prosecuted. The ease was tried upon an agreed statement of facts and the ordinance fixing the license.
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Appeal from Garland Circuit Court; Scott Wood, Judge; STATEMENT BY THE COURT. Appellant was convicted for violating an ordinance of the City of Hot Springs, requiring wholesale dealers in malt liquors to pay a license of $300, and appealed to the circuit court where he was again convicted, from which judgment this appeal is prosecuted. The ease was tried upon an agreed statement of facts and the ordinance fixing the license. By the terms of the ordinance, each wholesale dealer in malt liquors was required to pay the sum of $300 per year. The appellant procured from the county court a license…
1Opinion of the CourtKirby, J.
(after stating the facts). The sole question for determination on this appeal is whether a city can require of a 'dealer engaged in selling liquors wholesale and retail from the same storeroom, who had paid license as a retail liquor dealer, both city and county, to pay license as a wholesale dealer in malt liquors..Municipal corporations are given authority' under section 5438, Kirby’s Digest, Act of May 23, 1901, “to license, regulate, tax or suppress * * * ” not only “tippling houses, dram shops,” but also “any dealer in wines 'and liquors, by the quantity or otherwise, than as keeper of…
2Cases cited1 opinion
- Wallace v. CubanolaSupreme Court of Arkansas · 1902