People v. Bray

Citations

• 105 Cal. 344
• 38 P. 731
• 1894 Cal. LEXIS 1160

Syllabus

<p>Criminal Law—Selling Liquor to Indians—Citizens—Construction of Penal Code.—Section 397 of the Penal Code forbids the sale or giving of liquors to Indians of full blood without reference to the question whether they have or have not adopted the habits of civilization, or separated themselves from tribal relations, or have become citizens of the United States.</p> <p>Id.—Constitutional Law.—Section 397 of the Penal Code, construed as applying to all Indians, is not in conflict with any provision of the constitution of the United States or of this state; and does not deprive any citizen of his privileges and immunities as such.</p> <p>Id.—General Law—Uniform Operation.—The provisions of section 397 of the Penal Code are general and uniform in their operation, affecting in the same manner all persons belonging to the class referred to.</p> <p>Id.—Privileges and Immunities of Citizens—Restraints for General Good.—The privileges and immunities pertaining to citizens are those which are in their nature fundamental; but these privileges and immunities are subject, nevertheless, to such restrictions as the government may justly prescribe for the general good of the whole.</p> <p>Id.—Restriction of Sale of Intoxicating Liquors—Power of Legislature.—In regulating the sale of intoxicating liquors the legislature, may, in the exercise of its judgment as to what restrictions upon such sale the general good of the public requires, prescribe the conditions upon which the license to make such sale shall be granted; and laws restricting the sale of liquors, and forbidding such sale to certain classes of persons, who are peculiarly liable to be injured or demoralized by indulgence in alcoholic beverages, are constitutional and valid.</p>