State v. Gerhardt

Dissenting Opinion.

Jordan, J.

— I am constrained to dissent from that part of the conclusion of the majority of the court, whereby the constitutional validity of that portion of *476section two, embraced within, the last proviso is affirmed. To hold that the theory of this proviso has such an application to the fitness of an applicant, that the fact that the latter desires a license to retail liquors in a room wherein he intends to conduct other business, may be considered by the board, in deciding upon his right to be intrusted, under the act of 1875, with such license, cannot be maintained,…