Streeter v. People

Citations

• 69 Ill. 595

Syllabus

<p>1. Ihtoxicatikg liquors—statute relating to, construed. The sixth section of the act of 1872, relating to intoxicating liquors, which provides that every person guilty of violating the “first and second sections,” shall forfeit, etc., does not require the violation of both sections before a party can be subjected to the punishment provided, but the penalties named are for the violation of either the first or second section.</p> <p>2. Same—third sec. of act of 1872 does not authorize the destruction of private property. The third section of the act of 1872 does not authorize tlie summary destruction of private property. It simply declares all places where intoxicating liquors are sold in violation of the act, common nuisances, and provides that they may be shut up, and the traffic carried on therein abated.</p> <p>8. Same—constitutional power to abate nuisances in respect to. Under wliat is called the police power, the legislature has the right to authorize tlie abatement of a public nuisance; and the carrying on of an illegal traffic in intoxicating liquors, and the assembling of idle and vicious persons for that purpose, is a nuisance, and may be so declared, and abated according to law.</p> <p>4. Same—whether act of 1872 is in violation of the constitutional provision prohibiting the granting of special or exclusive privileges, etc. If, at the time of the passage of the liquor law of 1872, there was no law under which a person not residing in an incorporated town or city could obtain a license, it does not follow that the act, for that reason, contravenes the constitutional provision which prohibits the passage of local or special laws granting to any corporation or individual any special or exclusive privilege, etc., as the act is a general law, operating equally upon all classes of persons within the State.</p> <p>5. Constitutional law—statute, whether special or general. A statute that applies to and confers the same general powers on all incorporated towns