City of Morganfield v. Wathen

Opinion op the Court by

Chief Justice Sampson

Affirming in part and reversing* in part.

This appeal presents (1) the question whether a municipality of the fourth class may by ordinance levy a license tax upon a druggist for the privilege of selling whiskey on prescriptions of regularly licensed and practicing physicians; and (2) whether a druggist who has paid such license tax under protest may recover the same in this character of proceeding.

Many years ago the city of Morganfield passed a license ordinance containing many sections, one of which reads:

“To persons who are druggists in good…