Canfield v. City of Leadville

• Decision Date: 10 February 1896
• Citation: 7 Colo.App. 453,43 P. 910
• Parties: CANFIELD v. CITY OF LEADVILLE.
• Court: Colorado Court of Appeals

43 P. 910

7 Colo.App. 453

CANFIELD v. CITY OF LEADVILLE.

Court of Appeals of Colorado

February 10, 1896

Error to Lake county court.

S.G Canfield was convicted of selling liquor in violation of a city ordinance, and brings error. Reversed.

John A Ewing, for plaintiff in error.

R.D McLeod, for defendant in error.

REED P.J.

The following complaint was filed in the police court of the city of Leadville against appellant:

"State of Colorado, County of Lake, City of Leadville--ss.: City of Leadville vs. S.G. Canfield. T.J. Cash, being duly sworn, on his oath, says that sections 1 and 3, Ordinance 310, an ordinance of the city of Leadville, being an ordinance entitled 'An ordinance regulating the sale of liquor by drug stores,' passed and approved the 16th day of May, A.D.1892, has been violated, and that this affiant has good reason to believe that S.G. Canfield is guilty thereof, in this: That the said S.G. Canfield, on or about the 13th day of June, A.D.1892, at the city of Leadville, in the county of Lake and state of Colorado, did sell, by himself, his agent or clerk, spirituous liquors, in a manner other than provided by said ordinance, against the peace and dignity of the people of the state of Colorado. T.J. Cash.

"Subscribed and sworn to before me this 14th day of June, A.D.1892. J.W. Moore, Police Magistrate."

Upon which a warrant was issued, a trial had, the defendant found guilty, and a fine imposed of five dollars and costs. An appeal was taken to the county court.

The ordinance under which the prosecution was brought is as follows:

"Section 1. That any person who keeps or owns a drug store in this city, wherein the sale of drugs and medicines constitutes the principal business, may obtain from the city clerk, a permit to sell in such drug store and in connection with such business, spirituous and vinous liquors (but not to include beer or ale), either pure or compounded with drugs or medicines, in prescriptions or otherwise, but in quantities in no case greater than one gallon, and if unmixed, not less than one-half pint; but such permit shall only be granted upon payment to the city clerk or city collector of the sum of one hundred and fifty dollars for a permit for one year; seventy-five dollars for a permit for six months or less.

"Sec. 2. Under the permit mentioned in section one of this ordinance, no spirituous or vinous liquor shall be sold, bartered or given away by or for the owner or keeper of such drug store, in quantities other than as expressed in said section one, and then only for medicinal, mechanical, sacramental, chemical and culinary purposes.

"Sec. 3. Any person keeping or owning a drug store within the city of Leadville, who shall, by himself, or his agent, or clerk, sell, barter or give away, in or connected with such drug store, any spirituous or vinous liquors, in any manner other than as provided in this ordinance; or shall sell, barter or give away any beer or ale under any circumstances, or who shall permit any liquors so sold, bartered or given away to be drunk in such drug store, or in any room connected therewith; or shall knowingly sell, barter or give away any such liquor to be drunk as a beverage, or who shall sell, barter or give away any such liquor when he has good reason to believe, or does believe that the same is being so bought, or received to be drunk or used as a beverage; or who shall exhibit or display any such liquor in bottles, or otherwise, in any show window, show case, or other conspicuous place in such drug store, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than five dollars, nor more than one hundred dollars; and every such sale, barter or gift, and every day of such exhibit or display shall be deemed a separate offense, and punishable as such, and upon any such conviction, such permit may by the city council be revoked."

The following stipulation of facts was filed: "In the above-entitled cause, it is hereby stipulated and agreed by and between the plaintiff and the defendant, by their respective attorneys, that at the time stated in the complaint herein the defendant owned and kept at the corner of East Sixth street and Poplar street, in the city of Leadville, in said Lake county, Colorado, a drug store wherein the sale of drugs and medicines constituted the principal business; that on the day stated in said complaint, and at said drug store, the defendant did sell and deliver to Herman Steffen, the party named in said complaint, one pint of whisky, it being...