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D & W, INC. v. CITY OF CHARLOTTE

No. 286.

151 S.E.2d 241 (1966)

268 N.C. 577

D & W, INC., t/a Merry Go-Go Round, on behalf of itself, and Diab, Inc., t/a Pecan Grove Supper Club, and such other citizens and plaintiffs of Mecklenburg County, North Carolina, affected by the Turlington Act and the Alcoholic Beverage Control Act of North Carolina v. The CITY OF CHARLOTTE et al.

Supreme Court of North Carolina.

November 30, 1966.

Attorney(s) appearing for the Case

Plumides & Plumides, Jerry W. Whitley, Charlotte, for plaintiff appellees.

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for defendant appellants.

John H. Small, Charlotte, amicus curiae.

SHARP, Justice.

Defendants' first assignment of error challenges the admissibility of the affidavit of Mr. Frank Snepp, a member of the Legislature of 1959, to show the legislative purpose in enacting Chapter 745, Session Laws of 1959, which amended G.S. § 18-78.1. This evidence was incompetent. More than a hundred years ago this Court held that "no evidence as to the motives of the Legislature can be heard to give operation to, or to take it from their acts...

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