State Ex Rel. McCracken v. State Liquor Control Board

The State Liquor Control Board has appealed from a judgment directing the issuance of a peremptory writ of mandate commanding the return by it of certain retail liquor license fees.

The question is whether Elmo McCracken must be charged with the payment of a $200 or a $600 retail liquor license fee. McCracken’s premises are located outside of the city of Billings but within five miles of the city limits. If, therefore, McCracken’s place is not located in a town he must pay the same rate as those in the city of Billings, namely $600. If, however, his place is located within a town, then, even…