Mack v. State
| Decision Date | 18 February 1897 |
| Citation | 36 A. 1088,60 N.J.L. 28 |
| Parties | MACK v. STATE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to court of quarter sessions, Monmouth county; Conover, Judge.
Daniel Mack was found guilty of an illegal sale of liquors, and brings error. Reversed.
Argued November term, 1896, before BEASLEY, C. J., and VAN SYCKEL, LIPPINCOTT, and GARRISON, JJ.
Aaron E. Johnston, for plaintiff in error.
Charles H. Ivins, for the State.
The defendant in this case was found guilty, and sentenced for the offense of selling beer from a wagon. The indictment rests upon a supplement to an act entitled "An act concerning inns and taverns." P. L. 1869, p. 409; Gen. St. p. 1795. This supplement makes it a misdemeanor to sell any intoxicating liquor from any "ambulatory conveyance." This object, we think, is in no wise expressed in the title of the act to which it is a supplement. The creation of this offense is a general police law, and, while its enforcement may be incidentally beneficial to licensed vendors, that is not the object of the act, within the meaning of the constitutional requirement. Beyond this it has nothing to connect it with the act to which it is made supplemental.
If there were no act concerning inns and taverns, it would surely never occur to any one to select such a title as aptly expressive of a legislative purpose to punish whomsoever sold intoxicating drink from a vehicle.
As a statutory enactment, the supplement falls under the constitutional ban, and is void. The judgment should be reversed.
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