Block v. President of Jacksonville

Citations

• 36 Ill. 301

Syllabus

<p>1. Town Ordinances—proof of their adoption. Under the charter of the town of Jacksonville, the production of a newspaper, published in the town, containing what appears as an ordinance of the town, which is headed “ Published by authority,” and the ordinance purports to be signed by the president of the board, and countersigned by the town clerk, proves a sufficient adoption and authentication of the ordinance.</p> <p>2. Town oe Jacksonville—its powers. The president and trustees of the town of Jacksonville have the power to declare the sale of intoxicating liquors in the corporate limits, a nuisance.</p> <p>3. Town charter. The general law has conferred exclusive power upon the president and trustees of incorporated towns, within their corporate limits, to grant licenses to sell such liquors. And the charter of the town of Jacksonville confers the exclusive power to grant or refuse such licenses; to restrain, prohibit and suppress tippling houses and dram shops. And when they grant or refuse licenses, it is under the authority of legislative enactment.</p> <p>4. Internal revenue license — its effects. A license granted under the internal revenue laws of the United States, confers no power to exercise a trade, business or calling, but it was only to tax the exercise of the trade, or occupation, authorized by the State authorities. Nor has Congress porver to authorize the exercise of a business prohibited by the laws of a State, in the regulation of its general police. And the general laws of the State do prohibit the sale of spirituous liquors without a license.</p> <p>5. A license under the revenue laws of the United States confers no power, but protects the party holding it. The party must look to the State laws for authority to sell intoxicating drinks.</p>