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134 Mass. 194

Commonwealth v. Casey

Massachusetts Supreme Judicial Court

Decided January 3, 1883

Massachusetts Supreme Judicial Court · decided 1883-01-03

Complaint to the Municipal Court of Boston, on the Pub. Sts. a. 100, § 12, alleging that the defendant, on August 6, 1882, at Boston, was duly licensed to sell spirituous and intoxicating liquors in a certain building on Carver Street in said city, which was then and there used by him for the sale of such liquors under the provisions of his license; and that he then and there placed and maintained on said premises, so used by him, “ a certain screen, blind, shutter, curtain…

Cited by 3 later decisions — most recently August 1906

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-01-03

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Colburn, J.

¶1The first request for instructions in this case was waived at the argument, instructions were given substantially *196in accordance with the second request, leaving only the third request for instructions for our consideration. The case distinctly presents the question, whether a person holding a license to sell intoxicating liquors is, on Sunday, when he is prohibited from doing business and when he is not doing business, subject to the provisions of the Pub. Sts. c. 100, § 12, as amended by the St. of 1882, c. 259, § 1, to the same extent as on secular days, when he is carrying on business.

¶2We are of opinion that the statute, as amended, makes no distinction in times, but applies to the whole time for which the license is granted, or until the business is permanently abandoned.

¶3Before the amendment, it might have been argued, with some force, that the words, “ interfere with a view of the business conducted upon the premises,” limited the application of the statute to times when business was actually carried on; but the addition of the words, “or with a view of the interior of said premises,” precludes that construction.

¶4It was doubtless one purpose of the Legislature to enable the officers having in charge the enforcement of the laws to ascertain readily whether the licensee was complying with the conditions of his license, as to the times he was forbidden to sell, as well as in other respects. And if it was one of the purposes of the Legislature to require that the business of selling intoxicating liquors, under license, should be carried on subject to public inspection, it is important that the public should be able to see without obstruction, not only how the business is carried on, but when it is carried on. Exceptions overruled.

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