183 Ind. 168 | Ind. | 1915
Counsel for appellant urge that to sustain the ruling of the trial court the druggist proviso of §8351, supra, must be ignored and that courts are without rightful power to disregard any constitutional statutory provision; that the legislative purpose to except licensed druggists and pharmacists from the operation of the provisions of the section is shown by the language of the proviso alone, but that, when considered in connection with the history of the legislation, and of the provisions of other statutes relating to druggists, such purpose is so clearly manifested as to preclude doubt. The Attorney-General seeks to meet such contention with the statement that this court has held other
It is not improbable, as appellant’s counsel suggest, that the General Assembly of 1907, when it came to a consideration of the proper enactment of the statute of ‘March 16, 1907, concluded that the provisions in relation to revocation of licenses and punishment for illegal sales were sufficient to restrain licensed druggists or pharmacists from violating the law without making them amenable to the penalties of the “Blind Tiger” provisions, and, because of such conclusion, the proviso in question was inserted in the later enactment. Whatever reason may have induced the legis
Note. — Reported in 108 N. E. 524. As to what are unlawful sales of intoxicating liquors, see 12 Am. St. 353. See, also, under (1) 23 Oye. 166; (2) 36 Cyc. 1161, 1102, 1106.