Theo. Hamm Brewing Co. v. Foss

Citations

• 16 S.D. 162
• 91 N.W. 584
• 1902 S.D. LEXIS 93

Syllabus

<p>Laws 1897, c. 72, g 1, fixes the license, fees for selling brewed or malt liquors at wholesale at $600 per annum, to he paid in each town and ■ city in’w-hich the wholesaler has or operates a warehouse or depository, Section 23 provides that np license to- sell at retail shall issue in any city or town unless the question, “Shall intoxicating liquors be sold at retail?” be annually submitted to the voters, and a majority is in favor of such sale. By Laws 1901, c. 141, § 1, Laws 1897, ,c. 72. § 1, was amended, so that the annual license fee for the sale of brewed or malt liquors at wholesale was reduced to $150, and provided that no wholesale house should he established nor license granted in. any town or city that did.not grant license to retail liquor dealers. Plaintiff claimed that the restriction of wholesalers to places that grant a -license to retailers was not germane to the subject of the amendment, but related exclusively to such section 23, and, as the latter section was not mentioned in the title, the amendatory act was unconstitutional, as embracing more than one subject. Held, that section 23, Laws 1897, c. 72, being in no manner affected by Laws 1901, c. 141, the latter act was valid.</p>