State ex rel. Webster v. Beck

• Decision Date: 23 May 1892
• Citation: 52 N.W. 380,50 Minn. 47
• Parties: STATE EX REL. WEBSTER v BECK, TREASURER.
• Court: Minnesota Supreme Court

50 Minn. 47

52 N.W. 380

STATE EX REL. WEBSTERvBECK, TREASURER.

Supreme Court of Minnesota.

May 23, 1892.

(Syllabus by the Court.)

A special law providing for the payment to a particular school district of the money received for liquor licenses in a village embraced within such district is not unconstitutional.

Appeal from district court, Sibley county; CADWELL, Judge.

Appeal by John C. Beck, respondent below, from an order directing the issue of a peremptory writ of mandamus to compel him, as treasurer of the village of Gibbon, to render to the trustees of school district No. 64, in the county of Sibley, an itemized account of all moneys paid to respondent on account of liquor licenses during the year 1890, prior to the first Monday in October. Affirmed.

Ed. H. Huebner, for appellant.

PER CURIAM.

School district No. 64, in the county of Sibley, embraces the corporate village of Gibbon. By chapter 518, Sp. Laws 1889, it was provided that one fourth of the money paid for liquor licenses in that village should be paid over to this school district. The constitutionality of the act is called in question. The only provisions of the constitution upon which the respondent relies, which can reasonably be claimed to prohibit such legislation, are subdivisions, 7, 10, § 33, art. 4. The special act does not conflict with these provisions, for it is not a grant of “corporate powers or privileges,” nor of a “special or exclusive privilege, immunity, or franchise,” within the meaning of those clauses. See Dike v. State, 38 Minn. 366,38 N. W. Rep. 95. Order affirmed.