(DOWNLOAD) "Colby Distributing Co. v. Lennen" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Colby Distributing Co. v. Lennen
- Author : Supreme Court of Kansas
- Release Date : January 19, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The opinion of the court was delivered by This is an action seeking a declaratory judgment and permanent injunction from the enforcement of 1979 amendments to the Kansas Liquor Control Act (K.S.A. 41-101 et seq.). The amendments were enacted by the legislature, effective May 10, 1979 and are designated House Bill 2020. The trial court found the act constitutional but found certain sections of the amendments in violation of the Sherman Anti-Trust Act. 15 U.S.C. § 1 et seq. We hold H.B. 2020 constitutional, thus reversing in part and affirming in part the judgment of the trial court. A brief discussion of the history of Kansas liquor laws will be helpful in understanding the issues before us. In 1880, Kansas amended its constitution providing for prohibition. Kan. Const. art. 15, § 10. Bootleggers and illegal saloons flourished, however, until Carry Nation and others aroused public indignation by their attacks on illegal liquor traffic at the turn of the century. Feelings of both anti-saloon and pro-saloon forces became increasingly violent until finally, urged on by the fear of armed conflict, the legislature passed laws making it a penal offense for one to give another a drink of alcoholic liquor, to be found in a place where it was sold, to sell it and finally to possess alcoholic liquor. L. 1881, ch. 128, §§ 2, 10. The latter was known as the bone-dry law.