City of Roswell v. Eastern Railway Co.

Citations

• 16 N.M. 685
• 120 P. 303

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. By the eighteenth sub-section of section 2402, C. L. 1897, cities are granted the following power: “To have the right to license, ¡regulate or prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquor within the limits of the city.” Held, that Sec. 3, ordinance No. 213 of the City of Roswell, which provides that: “On and after the first day of Juné, 1910, it shall be unlawful for any person or common carrier to knowingly bring intoxicating liquors irom any city, town or village, or other place, within the Territory of New Mexico, into the City of Roswell,” is an attempt to exercise a power neither expressly nor impliedly granted by the eighteenth sub-section of Sec. 2402, O. L. 1897, and therefore void.</p>