City of Seattle v. Hewetson

Citations

• 95 Wash. 612
• 164 P. 234
• 1917 Wash. LEXIS 857

Syllabus

<p>Intoxicating Liquors — Prohibition Law — Unlawful Prescriptions — Evidence—Sufficiency. In a prosecution for unlawfully issuing a prescription for whiskey, whether the accused had reason to believe that the applicant was sick, is a question for the jury, where it appears that the office of the accused adjoined a drug store that filled many prescriptions on the day in question, some of them' written by him, that any one could obtain a prescription by signing a statement declaring that he was sick and in need of medicine, which was done, and that, at the time in question and at other times, many were standing in line waiting for prescriptions, and no physical examination was made.</p> <p>Same — Prohibitive Ordinance — Municipal Corporations — Powers. A city ordinance providing that prescriptions for intoxicating liquors shall not be issued by physicians unless there is good reason to believe that the applicant is actually sick and that the liquor is required as medicine, is not invalid as a prohibitive ordinance, but is authorized by Rem. Code, § 7507, enumerating the powers of a city of the first class, and authorizing such cities to regulate the sale of intoxicating liquors.</p> <p>Statutes — Partial Invalidity. The invalidity of some of the sections of an ordinance regulating the sale of liquor does not affect a prosecution for the violation of other sections that are valid.</p> <p>Intoxicating Liquors — Prohibition—State Law — Exclusiveness —Powers oe City. The state wide prohibition law does not deprive a city of the power to legislate upon the same subject, so long as the city ordinance does not conflict with the state law, there being nothing in the act to show such intention.</p> <p>Same — Prohibition—Prescriptions—Good Faith. Upon a prosecution for issuing a prescription for whiskey without reason to believe that the applicant was actually sick or that the liquor was required as medicine, evidence is admissible of the issuance by the accused of other presc