Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 387
xxii, 836 p., 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
4f884.] GOLDSTIOKER v. FORD. 387
Opinion of the court.
lishment and place of business where he was so engaged in the sale
of spirituous, vinous and malt liquors, and medicated bitters in
quantities less than one quart."
It was found that Jay Childress, a boy of about fifteen years of
age, with the written consent of his mother, who was a widow, was
employed by Goldsticker, with a knowledge of his age, to work for
him in a house in which he was retailing spirituous, vinous and malt
liquors in less quantities than a quart, under the bond made an exhibit
to the petition.
It was further found that the boy, with the knowledge, consent
and procurement of Goldsticker, entered the saloon on the 23d of
July, 1882, and remained there until about the 23d of October,
1882.
It was shown that the boy had been out of employment for
about a month before he was employed by Goldsticker, and that up
to that time he had been unable to get employment elsewhere, and
that he could make more at that employment than at other employment
which he could afterwards have obtained.
It was also shown that the boy's mother was poor. The cause
was tried without a jury, and judgment was rendered against Goldsticker
and his bondsmen for $500 and costs.
It is claimed that the law providing the conditions of the bond is
unconstitutional and void, in that it imposes a second punishment
for acts made punishable by the Penal Code, unless it be held to repeal
the criminal statute.
The act under consideration declares that " The provisions of this
section shall not be so construed as to repeal or in any manner
affect any penal laws now in force concerning the unlawful sale of
spirituous, vinous or malt liquors." Penal Laws, 1881, p. 113.
The Penal Code provides: " Any person who shall knowingly sell
or give, or cause to be sold or given, any spirituous, vinous or intoxicating
liquor to any other person under the age of twenty-one
years, without the written consent of the parent or guardian of
such minor, or some one standing in their place or stead, shall be
fined not less than twenty-five nor more than one hundred dollars*"
Penal Code, 376.
The bond required of persons retailing liquors in less than a quart
has the following conditions: That such person "shall keep an orderly
house or place for the sale of such liquors, and that he or they
will not sell nor knowingly permit to be sold in his or their said
place of business, nor give nor permit to be given any spirituous,
vinous or malt liquors or medicated bitters to any minor under the
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/409/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .