# Clark v. State Ex Rel. Bobo

> Tennessee Supreme Court · January 15, 1938 · 172 Tenn. 429

URL: https://www.frixlaw.com/law-library/cases/3893510

## Case

- **Full name:** Clark Et Al. v. State Ex Rel. Bobo
- **Court:** Tennessee Supreme Court
- **Decided:** January 15, 1938
- **Citations:** 172 Tenn. 429; 8 Beeler 429; 113 S.W.2d 374; 1937 Tenn. LEXIS 92
- **Precedential status:** Published
- **Opinion:** Dissent by Cook
- **Judges:** Dehaven, Cook, G-Been, McKinney, Chambliss
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3893510

## Opinion text

Dissenting Opinion.
Mr. Justice Cook,
delivered tbe dissenting opinion.
I concur in so much of tbe opinion of tbe Court as sustains tbe power of tbe Legislature to enact local option laws. An interesting case involving this subject is
Bowman v. Virginia State
Entomologist, 128 Va., 351 , 105 S. E., 141 , 12 A. L. R., 1121.
My difficulty about tbe conclusion of tbe Court is that
*450
we have in this State general statutes which denounce as crimes the manufacture, possession,'storage and transportation of intoxicating liquor and impose severe penalties which are drastically, sometimes harshly, applied throughout the State. These laws the Legislature left in force and then delegated power to the voters of a county to suspend them within their county.
It is beyond the power of the Legislature to suspend such géneral laws by direct legislation or, under the guise of local option, delegate the power to the voters of a locality to suspend them.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3893510. Public record. Not legal advice.