State Ex Rel. Wiley v. District Court of Sixteenth Judicial Dist.

I dissent. The issuance of a retail liquor license is an exercise of a police power of the state. Johnson v. City of Great Falls, 38 Mont. 369, 99 P. 1059, 1061. In the same case it was said, "That the police power may be exercised concurrently by the state and a municipality is a general rule of law recognized almost everywhere."

"While ordinarily municipal corporations in matters appertaining to police regulations enjoy substantially the entire police power of the state, in so far as regards matters of local concern, there is a distinction to be made between the general police power of a…