Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1874-03-19
Supreme Court Decision


Ferdidand Maxwell VS.. Corporation of
Joncsboro'.
This is bill to restrain the Corpora>
tion of Jonesboro' from enforcing au orji.
nance by which all licensed retailers of
liquors are required TO close their doors
and cease selling at dark of each day.
Complainant was a retailer licensed by
the corporate and State authorities before
the passage of the ordinance teqairing re-
tailers to close up at dark. Wis license
was in general terms, authorizing him to
retail for twelve months, which time had
not expired when the regulating ordi-
nance was passed. He disregarded the
ordinance and proceeded to sell after
dark. For this violation of the ordi,
nance he was arrested and fined aud now
his Bill to restrain the Corporation from
proceeding to enforce the penalty of tho
ordinance.
The only question which il y neces-
sary to notice is that which involves the
power Of a municipal corporation, after
having granted license in good terms 10
retail liquors, to pass an ordinance res
training him from selling after dark uu-
der that license,
In the case Of Smith & Lackey vs..
Knoxville, 5 Head, 24j. IL was held that
the prescribing of time at which
licensed retailers should close their house,
was police regulation for the good order
aud quiet Of towns and cities. When
the State grants the license to retail, it is
always implied that the privilege is t, be
exercised in subordination to the police
powers of the town or city. Hence, in
that case it was held that an ordinance
requiring retailers to cease selling at 0
o'clock at night was no violation cf the
the rights Of the retailer acquired by his
license. The Court said 1T must be
left to the corporate authorities to deter
mine what restrictions upoL this trade are
required for the general good aud unless
they are unreasonable or oppressive they
are valid and will be maintained
The license is granted to retailer both
by the State and by the municipal au-
thorihes in the exercise Of the taxing
power. 1t. is intended to furnish him
with license that he has bought and paid
for the privilege Of retailing for Il spoci>
fed time within the corporate limits.
He takes this privilege, subject to such
reasonable exercise Of the police powers
as the corporate authorities may deem
necessary to preserve order and quiet to
prevent nuisances.
The only question in the case is wheth-
er the ordinance requiring retailers 10
close their houses at dark was unrcasona.
BILE or oppressive. The Mayor and Al
dermen of Jonesboro' were the proper
persons to determine what restrictions
were proper for the preservation Of peace
and good order in that town during the
night time. Tho presumption is that they
have discharged their trust with fidelity;
nor can we assume 10 Say that the ordi-
nance in question was either unreasonable
or oppressive. 1t left the complainant
the entire day for the exercise of this
privilege and ouly restricted its exercise
after period when the corporate author
tiles deemed it necessary for good order
and quiet that spirituous liquors should
cease to be retailed.
We are Of opinion that the demurrer
was well taken as 10 this point and was
enormously oyerruled. The decree over
ruling the demurrer is reversed and the
Bill dismissed with costs.
NICHOLSON.