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STATE, EX REL., v. MERMIS

No. 42,136

187 Kan. 611 (1961)

358 P.2d 936

STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., Attorney General, Appellant, v. JOSEPH A. MERMIS, JR., Chairman, REX WOODS, Member, and ED REILLY, Member, STATE ALCOHOLIC BEVERAGE CONTROL BOARD OF REVIEW; and W.E. MURPHY, Director, STATE ALCOHOLIC BEVERAGE CONTROL, Appellees.

Supreme Court of Kansas.

Opinion filed January 21, 1961.

Attorney(s) appearing for the Case

Robert E. Hoffman, assistant attorney general, argued the cause, and John Anderson, Jr., attorney general, J. Richard Foth, assistant attorney general, and A.K. Stavely, assistant attorney general, were with him on the briefs for the appellant.

L.M. Cornish, Jr., of Topeka, argued the cause, and Tom Lorson, Jr., attorney for Alcohol Beverage Control, Phillip L. Harris, attorney for Board of Review, M.D. Bartlow, George D. Wagstaff, Gary L. Rohrer, and Allen F. Gerye, all of Topeka, were with him on the briefs for appellees.

The opinion of the court was delivered by

JACKSON, J.:

This was a suit by the state on relation of the attorney general to enjoin the defendants from carrying out and enforcing the provisions of Chap. 217, Laws of 1959, now appearing as G.S. 1959 Supp. 41-1108 and 41-1109, which statute provides for the fixing of minimum prices on intoxicating liquor. The attorney general alleged that the statute was unconstitutional under the state constitution because it...

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