dealing with a conflict between the State Liquor Control Act and the Montana Beer Act
How later courts described this case
- dealing with a conflict between the State Liquor Control Act and the Montana Beer Act
Written by the judges who cited it.
The opinion
MR. JUSTICE FREEBOURN
(dissenting) :
I believe the judgment of the lower court should be sustained. In my opinion section 4-170, R. C. M. 1947, which prohibits advertising of a legal business is unreasonable and unconstitutional because it unduly interferes with a lawful private business. As said in Freeman v. Board of Adjustment et ah, 97 Mont. 342 , 34 Pac. (2d) 534 , 538: “Under the guise of protecting the public or advancing its interest, the state may not unduly interfere with private business or prohibit lawful occupations, or impose unreasonable or unnecessary restrictions upon them. Any law or regulation which imposes unjust limitations upon the full use and enjoyment of property, or destroys property value or use, deprives the owner of property rights.”