Opinion

State Ex Rel. McCarten v. Corwin

  • 119 Mont. 520
  • 177 P.2d 189
  • 1947 Mont. LEXIS 6
Court
Montana Supreme Court
Filed
Feb 13, 1947
Status
Published
Author
Choate
On the bench
Adair, Angstman, Choate, Cheadle, Metcalf
Cited by
11 cases
Authority
More cited than 40.8%

The opinion

Mr. Justice Choate.

I concur in the dissenting opinion of Mr. Justice Angstman.

It seems to me unreasonable to conclude that the legislature gave to cities the power to limit by ordinance the number of places where beer may be sold (Stephens v. City of Great Falls, Mont., 175 Pac. (2d) 408 ), made provision that a liquor licensee must also have a beer license issued “under the laws of Montana” (sec. 9, Ch. 84, Laws of 1937), but denied to the state liquor control board the “discretion” to limit the issuance of beer or liauor licenses to accord with the number legalized by city ordinances.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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