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The Pamphlet Collection of Sir Robert Stout: Volume 8

Here at Home

Here at Home,

Justice Napton, in the case of Austin vs. State, 10 Mo., 591, says:

"We are not aware that there is any provision in our Constitution which would prevent the Legislature from prohibiting dram selling entirely; nor have the Legislature been prevented from placing such restrictions upon this business as they may think fit. To sell drams without a license is not a privilege which either our citizens or strangers can enjoy in this State. Whenever the Legislature prohibits any calling or profession, it ceases to be lawful."

Still later in State ex re Kyger vs. Holt Co. Ct. Fagg, Justice, in deciding that County Courts had unlimited and absolute authority to prohibit and refuse the issuance of licenses if they saw proper, thus expresses the opinion of the Supreme Court.

"It cannot be said with propriety, as we think, that it is the policy of our laws to regard the business of dram-selling in any other light than as a mere privilege granted under restrictions and conditions that clearly imply a tendency to affect injuriously the public morals and therefore not to be encour- page 4 agedaged either by the laws themselves or the courts of the country. The business of the retailer is not a matter of personal right nor one that the interests of the public' at large demand that he should be permitted to carry on.