Town Council v. Calhoun

Citations

• 30 S.C. 93
• 8 S.E. 539
• 1889 S.C. LEXIS 72

Syllabus

<p>1. A municipal corporation, under the powers conferred upon it to pass ordinances respecting police, may enact an ordinance to prohibit the sale of spirituous liquoi’s within the town limits; and under its grant of the same power to try and punish any person violating a town ordinance as trial justices have, the town council have jurisdiction of violations of such an ordinance.</p> <p>2. A municipal corporation having the power, under its charter, to impose a punishment not exceeding 8100 fine or thirty days imprisonment, passed an ordinance prescribing for an offence a fine not exceeding $100 or imprisonment at the discretion of the council. Held, that the ordinance, construed in subordination to the chartér, limited the discretion of the council to a period not exceeding 30 days, and so construed, was valid.</p> <p>3. A provision in the charter that “It shall not he lawful for any intend-ant or warden to issue a license to any person to sell any kind of spirituous liquors in said town. And any person selling liquors shall be subject to all the penalties imposed by the laws of this State, as if no such license had been granted,” subjects to indictment any person selling liquor with or without the license of the town, but does not prevent the town council from imposing its penalties for the violation ■ of a town ordinance prohibiting the sale of liquor.</p>