Judges: OPINION OF THE COURT BY SIMS, COMMISSIONER
Attorneys: Hubert Meredith, Attorney General, Harry D. France, Assistant Attorney General, and Dodd Dodd for appellants.
Stanley B. Mayer for appellee.
Filed: Mar. 13, 1942
Latest Update: Mar. 02, 2020
Summary: Reversing. This action was instituted by Eli Simons, doing business as the Kentucky Distillers Wholesale Liquor Company, to enjoin the members of the Kentucky State Alcoholic Control Board from revoking his permit as a wholesale liquor dealer for alleged violations of the Distilled Spirits And Wine Fair Trade Act (Chapter 13 Acts of 1940, now Section 2554e-1 et seq., Kentucky Statutes, Baldwin's 1941 Supplement) by granting rebates. The chancellor granted a temporary injunction which this court
Summary: Reversing. This action was instituted by Eli Simons, doing business as the Kentucky Distillers Wholesale Liquor Company, to enjoin the members of the Kentucky State Alcoholic Control Board from revoking his permit as a wholesale liquor dealer for alleged violations of the Distilled Spirits And Wine Fair Trade Act (Chapter 13 Acts of 1940, now Section 2554e-1 et seq., Kentucky Statutes, Baldwin's 1941 Supplement) by granting rebates. The chancellor granted a temporary injunction which this court r..
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I do not agree with the conclusion of the Court that the power of the State to regulate the liquor industry is sufficient justification for upholding the constitutionality of the Act in question, since the purpose of the Act is not
to protect the public. I concur in the decision, however, because of the sweeping decision of the Supreme Court of the United States in the Olsen case, referred to in the opinion, which holds that the State's power to regulate prices of articles sold within its borders is not limited to businesses affected with a public interest, and does not conflict with the due process clause of the Fourteenth Amendment to the Federal Constitution.
