147 P. 927 | Or. | 1915
delivered the opinion of the court.
The defendant, at the time herein mentioned, held a license for the sale of intoxicating liquors in Milwaukee, Clackamas County, Oregon, an incorporated city. He was indicted for giving and selling liquor to a minor in violation of the statute. He was tried and convicted of the charge and adjudged to pay a fine of $150; and in default thereof he was to be confined in the county jail for the period of 75 days and his license forfeited.
“If any person shall sell, give, or cause to be sold or given, any intoxicating liquor to any minor in this state * * upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, * * and sháll also forfeit any license such person may have to sell spirituous or intoxicating liquors in less quantities than one gallon. ’ ’
It is not optional with the city to authorize a violation of this statute. This was expressly held in State v. Horton, 21 Or. 83 (27 Pac. 165). Defendant urges that the home rule amendment .of Article XI, Section 2 of the Constitution repeals or nullifies Section 2142, L. O. L.; that by this amendment the City of Milwaukee was given exclusive power to license the defendant to sell liquor; and that this is in accordance with Kalich v. Knapp, 73 Or. 558 (142 Pac. 594). The power given by that amendment of the Constitution is limited by the
The judgment is affirmed. Affirmed.