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Joel Fletcher, Plaintiff in Error, v. The State of Rhode Island and Providence Plantations, Defendant in Error U.S. 540 (1847)

handle is hein.slavery/ussccases0288 and id is 1 raw text is: 540               SUPREME      COURT.
License Cases.- Fletcher v. Rhode Island.
JOEL FLETCHER, PLAINTIFF IN ERROR, V. THE STATE OF'
RHODi ISLAND AND PROVIDENCE PLANTATIONS, DEFEND-
ANT IN ERROR.
This case was very similar to the preceding one. The pr:ncipal
difference was in the admission of the'fact, that the brandy, for the
sale of which the plaintiff in error was indicted, was duly imported
into the United States, the duty upon it paid, and that it was pur-
chased by Fletcher from the original importer.
The following admission of facts was filed in 'the ciuse :
It is admitted, in the above case, that the liquors-alleged in
said indictment to have been sold by the defendant, in -violation of
the act of this State, entitled, An act enabling town councils to
grant licenses for-the retailing strong liquors, and for other purposes,'
was brandy, the growth, produce, and manufacture of the kingdom
of France ; which said brandy was duly imported into the United
States at the port of Boston, in the district of Massachusetts, for
the purpose of sale in the markets of the United States, and the
duties levied thereon by virtue of the -act of Congress of the United
States, approved thb 80th day of August, A. D. 1842, entitled,
' An act to provide revenue from imports, and to change anA mod-
ify existing laws imposing duties on imports, and for other purposes,'
were duly paid to the collector of the said port of Boston ; that
said defendant bought said brandy of the importer thereof for the
purpose of sale ; and, in pursuance of said purpose, did, at the
times alleged in said indictment, sell the same, at said Cumberland,
without license first had and obtained from. the town council of the
town' of Cumberland.
It is further agreed that the town council of said town of Cum-
berland have refused to grant- any license for the year ensuing the
Thursday next following the first Wednesday in April, A. ]D. 1845,
for retailing strong liquors-in any quantities, having been instructed
by the electors of said town, in town meeting assembled, not to
grant any licenses for the purpose aforesaid.
It is not necessary to recite the whole of the laws of the State,
as they were very similar to those of Massachusetts. The follow-
ing onewill he sufficient :-
An Act in Addition to an Act, entitled, ' An Act enabling the
Town Councils to grant Licenses, and for other Purposes.'
It is enacted by the General Assembly as follows : -
Section 1. No licenses shall be granted for the retailing of
wines or strong liquors in any town or city in this State, when the
electors in such town or city, qualified to vote for general officers,
shall, at the annual town or ward meetings held for the election of
town or city officers, decide that no such licenses for retailing as
aforesaid shall be granted for that year.

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