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eBook details

• Title: State v. andre
• Author : Supreme Court of Montana
• Release Date : January 31, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Criminal Law ? Intoxicating Liquors ? Constitutionality of Liquor Control Act ? Delegation of Legislative and Judicial Powers ? Police Power of State ? Interstate Commerce ? Judicial Notice. Intoxicating Liquors ? Supreme Court Does not Take Judicial Notice of Rules and Regulations of Liquor Control Board. 1. The supreme court will not take judicial notice of rules and regulations, if any, promulgated by the liquor control board in its administration of Chapter 105, Laws of 1933, the State Liquor Act. Statutes ? Constitutionality ? How Determined ? Who may not Invoke Rule. 2. The rule that the constitutionality of a statute may be tested, not only by what has been done but by what may be done under it, is applicable in those cases wherein by strict compliance with the statute the party raising the question would be deprived of a right; hence one who is charged with a violation of an Act may not invoke it. Intoxicating Liquors ? Unlawful Possession ? Defendant Held not Entitled to Question Constitutionality on Ground That It Delegated Legislative and Judicial Powers to Liquor Control Board. 3. One charged with unlawfully keeping, giving and consuming intoxicating liquor, and not with violating any rule or regulation of the state liquor control board, was not in a position to challenge the constitutionality of the State Liquor Law on the ground that it delegated legislative and judicial powers to the board in authorizing it to make such rules and regulations. Statutes ? Constitution ? Delegation of Legislative Powers ? When Act not Subject to Such Attack. 4. While one of the three departments of state government cannot lawfully delegate any of its powers to either of the others, where a statute but authorizes an administrative officer or board to carry out the definitely expressed will of the legislature, although procedural directions are specified only in general terms, the Act is not vulnerable to the criticism that it delegates legislative power contrary to Article IV, section 1, of the Constitution. Intoxicating Liquors ? Act Regulating Sale in State Stores Held Valid as Exercise of Police Power of State. 5. Held, that Chapter 105, Laws of 1933, regulating the sale of intoxicating liquors and providing for a system of state stores for their sale and distribution, is an exercise of a governmental function within the police power of the state. - Page 367 Same ? State Liquor Control Act ? Constitutionality as Against Contention That It Violates Interstate Commerce Act. 6. Contention that the State Liquor Control Act, in effect prohibiting the importation of intoxicating liquors from other states, violates the commerce clause of the federal Constitution (Art. I, sec. 8), held without merit, in view of section 2 of the Twenty-first Amendment to that Constitution, prohibiting the transportation or importation into any state of intoxicating liquors in violation of the laws thereof.

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