James A. Sanders & Son v. Town Council
Supreme Court of Georgia
Retail license. Municipal corporations. Before Judge Andrews. Elbert Superior Court. March Term, 1873. Sanders & Son petitioned the Superior Court of Elbert county for a mandamus nisi to be directed to the Town Council of Elberton, requiring said body to show cause why it did not issue to petitioners a license to retail spirituous liquors during the year 1873, at their house in said town, without confining them to one room in said building, upon their complying with its laws…
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Retail license. Municipal corporations. Before Judge Andrews. Elbert Superior Court. March Term, 1873. Sanders & Son petitioned the Superior Court of Elbert county for a mandamus nisi to be directed to the Town Council of Elberton, requiring said body to show cause why it did not issue to petitioners a license to retail spirituous liquors during the year 1873, at their house in said town, without confining them to one room in said building, upon their complying with its laws and ordinances. The respondent answered substantially, as follows: The application of petitioners was for a license to…
1Opinion of the Court
McCay, Judge.
1. The authorities of Elberton are, by the act of incorporation, clothed with power to license and regulate the sale of spirituous liquors in said town: Act of 1859, page 153; Acts of 1865 and 1866, page 277. It seems to us that in the very nature of this power to regulate, is the power to confine the sale to certain houses, to certain places or localities, and to certain persons: 5 Georgia, 549; 10 Ibid.. 533; 18 Ibid., 603.
We see no reason why this power to regulate should not include the power to confine the sale to certain streets, certain houses, rooms in houses, or portions…
2Cited by5 opinions
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