The home journal. (Winchester, Tenn.) 1858-188?, 1883-02-28
Supreme Court Decision.

The following important decision in til
case Of the State VS.. Lea, convicted ft
tipping within fousi;miles Of an incoI
porn,ed institution Of learning, was DE-
livered in the Supreme Court by judy
Cooper on the 18th instant:
Jack Lea VS.. the State. Lea wa
convicted of tipping liquor within iou
! miles of an incorporated institution q
learning, and.appcaled in error.
| The conviction was held under the ac
Of 1877, chapter %, by the first scctiJI
Of which it is made Il misdemeanor T.
Triple any Intoxicating beverage within
four miles Of an incorporated institution
Of learning. The second section Of lb
act is: THAT this act shall not appl,
/ to the sale Of such liquors within TIN
limits Of any incorporated town" TIM
defense at the trial VAS that the defend
ant sold the liquor within the limits o
M Incorporated town, and the sale wa
therefore within the saving Of the sec
ond section of the act. The sale wa
made within the boundaries Of the town
of Lebanon. BY the act Of 1887, chap
8, all acts Incorporating the town o
Lebanon were repealed, except 50 mucl
Of the last act Of incorporation as pres
] ,yil,l th. l,,,p.l 4, ,,inJ az tLn t,u,n A
the same session Of the Legislature, tn,
act Of 1881, chapter 127, was passed
entitled IN act 10 establish taxing dis
tricts Of the second class, and to prOvid
the means. Of local govcrnmcnt5thcrcfor
The act grants municipal franchises t
the communities within the territorial
limits Of certain districts, includin,
towns not exceeding thirty thousan,
inhabitants whose charters have beef
repealed, in order to provide the mean
Of local government, with the usual leg
lsIative. executive and judicial powers
The community within the boundarie
Of the town Of Lebanon were re.incor
ported under this taxing district net
and the sale Of liquors for which the de
PENDANT Lea stands convicted was mad
within tic limits Of the town after tn
Incorporation The trial judge, in hi
charge to the jury, said II am askc,
to charge you, that if the sale,was with
in an organized taxing district Of til,
second class, your verdict should be fo
the defendant. | charge you that
man has no right to sell intoxicatin!
beverages within four miles Of IN ncor
poratcd institution Of learning within
taxing district Of the second class. Thi
right is expressly prohibited by the nc
that creates the taxing districts" Tn
sixteenth section Of the act does provid
"Ihat nothing in this act shall be col,
strued AS permitting the retailing of in
toXicatng liquors in such taxing distric
within four miles Of II chartered insttu
ton Of learning" And the chargedoc
squarcIy raise the question whether thi
section can have any and what effect Of
the second section Of the act Of 1877.
by the act Of 1881, chapter ll9
verse !. the dealing in liquor by retail
or tipping, is made Il privilege, as i
bad been by the pre-cxisting rcvenu,
laws. the dealers being taxed as othe
merchants, and also made liable to al
additional tax, graduated in Il specific,
mode. Taking this act in connection
with the act Of 1877, the license of tn
dealer is subject to the provisions of TN
penal statute that the business shall no
he carried ON within four miles Of N
Incorporated institution of learning, cx
ccpt within the limits an incorporate,
town. Whether the license law ante
dated or followed the penal statute, til,
latter, being in pari matcria and consti
luilng Il part Of Il general system, woul,
equally apply to regulate the bushes.
under the license. SO, whether town
was Incorporated before or after the pas
sage ofthc act Of 1877, the Limitation o.
the second section Of the act would
equally apply to it. If, therefore, the
taxing districts Of the second class or
gained under the act of 1881, Oh. 127
are municipal corporations, the sale Of
liquors would be within the saving Of
the second section Of the act of 1877
and the dealers not subject to the pen
altlcs Of the first section. For the
words incorporated town" in the last
act manicSlly mean any municipal cor
porallon, without reference to its popu-
I4'Ion or the special provisions of its
charter.
AT the session Of the Legislature of
1879, the charters Of the city of Mem
phls and ola number of towns were re-
pealed, an IN act was passed entitled an
act to establish taxing districts in this
state, and to provide the means of local
government for the same. Under this
net, and acts amendatory thereof, the
and people of the city of Mem.
pms were Incorporated into Il taxing
district, and the legality and effect of
The legislation came before this court
Tor consideration We held that these
acts were grants of municipal franchises
to the communities within the terrific.
rial limits of the taxing districts, in Or
der to provide the means of local gov.
eminent; that they created the "agen-
cles and governing insirumcntailies" of
a municipal corporation, with the usual
legislative, executive and judicial pow.
ers; that the local government thus or.
gnniZpl WIS rlnihnl with tLo ...l..