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69 Ala. 300

Jones v. Hilliard

Supreme Court of Alabama

Decided December 15, 1881

Supreme Court of Alabama · decided 1881-12-15

Tried before lion. John P. Hubbard. Under the provisions of an act entitled “An act to amend section 15M of the Code of Alabama, so far as the same relates to the counties of Pike, Butler and Coffee,” approved March 1st, 1881 (Pamph Acts, 1880-1$ p. 182), no license must be granted to sell vinous, spirituous or malt liquors in the counties of Pike, Butler and Coffee, unless the applicant obtain the recommendation of a majority of both the householders and freeholders of the…

Cited by 1 later decisions — most recently November 1902

1 state decisions

Relies on License Tax Cases · Borman v. State · Sadler v. Langham

Good law ✅— No negative treatment on recordhow we know

Decided 1881-12-15

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STONE, J.

¶1Under the legislative policy of this State, as in many other States, the sale of intoxicating liquors by retail has long been considered a legitimate subject of police regulation. The legislature has power to impose restrictions on this species of traffic, and, in localities, may interdict the sale entirely. Dorman v. The State, 34 Ala. 216; 1 Dillon on Mun. Corp. § 363; License Gases, 5 Wall. 462; 1 Dil. on Mun. Corp. §44. Counsel do not controvert this proposition. The precise objection to the enforcement of the act “ to amend section 1544 of the Code of Alabama, so far as the same relates to the counties of Pike, Butler and Coffee,” approved March 1,1881 (Pamph. *302Acts, 1880-1), is, that it provides no means, or machinery for procuring the recommendation of tire householders and freeholders, and of furnishing evidence of the same to the judge of probate. A compliance with this prerequisite '.’may impose labor and expense on the applicant, but the condition is not impossible of performance. The statute casts on the applicant the duty of furnishing the necessary evidence, and we know of no rule, constitutional or otherwise, for declaring it inoperative. Sadler v. Langham, 34 Ala. 311.

¶2The judgment of the Circuit Court is affirmed.

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