Smith v. Mitchell

Deeming this decision and the opinion upon which it stands palpably unsound, and wholly unsustained by any real authority, I dissent, and would grant peremptory writs of mandamus in all of the nine cases, commanding the clerk of the county court to issue the certificates of license.

The question for this Court is not one of license or no license. It is merely one of constitutional law, and nothing here involved calls for deviation from the plain letter of the constitution or the settled construction thereof. The doctrine of the opinion has never been adopted by the legislature of this state or…