The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1900-11-20
MUST PAY LICENSE.
Judge Lindsay Holds That Grocers Who
Sell Less Than Quart Must Pay.


court at Butte for some months, has
been decided by Judge Lindsay.
Under the decision grocers who sell
liquors ia quantities of not less than a
quart must pay the special license
provided by the law. The suit was
brought by the county treasurer of
Silver Bow county against Thomas F.
Courtney, a grocer Of that city. The
defense was that the law which re-
CURED a grocer to pay a liquor license
in addltion.to a general merchandise
ing license was unconstitutional. The
court held the law is constitutional,
and in it's decision says:
"This action is submitted to the
court upon the p~leadings in the case
and upon an agreed statement of facts,
whereupon it appears that the defend
ant, at the time mentioned in the
complaint, was, at a fixed place of
business in Butte, Montana, engaged
in merchandising, and was the owner
Of a large stock of merchandise, such
as groceries, flour, provisions, etc,
and that included in his said stock of
goods WAS a certain amount of spirit
uous, malt. vinous and distilled or fer
mented liquors, in bottles containing
not less than one quart, which said
liquors in quantities not less than one
quart, in the course of his business,
defendant sold from time to time to
his customers, during the period men,
toned in the complaint. It would
also appear that the sale Of such wines
and liquors was only made to custom
ers dealing at the store of defendant
and purchasing family groceries and
supplies thereat, and that none of. the
was kept OF sold by the defendant
in a separate business. It is also agreed
that for the entire time stated in tho
the defendant held what
may be designated as a general mer-
chandise license, issued under section
4, O64 Of the political code Of the state
Of Montana, and that during said
time, although demanded thereto by
the county treasurer of Silver Bow
county, Montana, he did not obtain
or pay for any license under the pro-
visions OF section 4, O63 of what is
as house bill 1852 of the laws of
the fifth session Of the legislative as
Of Montana, which said enact
provides that every person who
sells spirituous, malt, v%inous, dis
titled or fermented liquors in quantities
OF less than Il quart, must obtain a
license from the county treasurer of
county in which the business is
and make the payments
thereby required.
"The contention Of counsel for the
defendant is that defendant is not
liable for the taxes imposed by said
4.O63 Of house bill 1862, for
he reason that the said section and
The provisions of said house bill 1862
Ire unconstitutional, and that section
O64 of the political code is not re-
)ealed thereby, and that the general
tax required by subdivi-
sion seven of said section 4, 064 and
oaid by the defendant, is the only H.
tax which he is required to pay.
"While section 4,O64 Of the politi-
al code does not appear in the body IF
aid act to be expressly repealed or f.
Enacted. there is such a conflict Of
language Of said section so far is it
pertains to the sale Of liquors and the
of subdivisions A aid B
# section 4, 063 Of the political fcode
IS amended by said act, that so huch
# said section 1904 as relates 70 the
ale Of liquors must be considered
.mended and changed by the pfovis-
ons of the later act, to-wit, said house
ill 1862. i
"From the whole tenor and putport
t the act referred to. the legislative
ntent appears to have been to REQUIRE
he payment of a licenes not only by
II persons selling liquors in quantities. {
f not less than one quart, but bySall
ersons selling liquors in any quanFi- !
and to require the payment ofsa
sum for the privilege Of dealing ]
Intoxicating liquors than for sells :
lg other articles of merchandise x
sually vended at stores II other !
laces Of business. Taking the legis-
aC1Ve intent, then, as a criterion and I
uide in this matter, the conflict be- q
the provisions of section 4.O63 c
the political code as amended by
ouse bill 1859 are so incompatible with
language contained in section
,064 of the political code relating to
le sale of liquors that they cannot be
,conciled and both allowed t o stand a
nd it being apparent that the legis- {
Lture intended to prescribe a different u
I'D greater tax for selling all kinds of a
quors than required for the privilege
selling other goods, wares and mer-
1andise, the view of counsel that
'ction 4, 064 as set forth in the politi-
u code is still in force, cannot be
pheld. 7
".As the court is of opinion that the tt
It under discussion is not unconsti- c