McClure v. Topf
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The act is not unconstitutional. It does not violate art. 2, § 3, Constitution, nor § 18, art. 2, of this State, nor the Fourteenth Amendment to the Constitution of the United States. The act is solely a police regulation, and States have the right to regulate, control or entirely suppress the liquor traffic.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The act is not unconstitutional. It does not violate art. 2, § 3, Constitution, nor § 18, art. 2, of this State, nor the Fourteenth Amendment to the Constitution of the United States. The act is solely a police regulation, and States have the right to regulate, control or entirely suppress the liquor traffic. The sale of liquor is not a privilege nor immunity within the Constitution. 39 Ark. 353; 27 Yt. 140;. 43 Id. 42; 69 Id. 525; 33 Id. 443; 148 Fed. 513; 16 Wall. 36; 97 U. S. 659; 177 Id. 595; 85 Cal. 208; 118 U.…
1Opinion of the CourtHart, J.
The only issue -sought to be raised by this appeal is as to the constitutionality of Act No. 59 of the last (1913) General Assembly, -entitled “An Act to regulate the issuance of liquor license in Arkansas. ’ ’
Other questions might be discussed and determined, but, as said by the -court in considering the local option act of 1881 in the case -of Trammell v. Bradley, County Judge, 37 Ark. 374, “in view of the grave public interests involved in the question, the court consents” to waive every point except that of determining the constitutionality of the act, and we proceed at once to a…
2Cases cited16 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Giozza v. TiernanSupreme Court of the United States · 1893
- Welsh v. StateIndiana Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Gipson v. IngramSupreme Court of Arkansas · 1949
- Stanley v. GatesSupreme Court of Arkansas · 1929
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Utah Mfrs.' Assn. v. StewartUtah Supreme Court · 1933
21 more not listed; retrieve them via the Exa API.