Ex parte Whittington

At the election held on the first Monday in November, 1878, a majority of the voters in Hickman township, Scott county, voted “ for license.” On the eighth of January following the election, Whittington applied to the county court for license to keep a dram-shop in said township, tendering a bond and the receipt of the collector for all the county taxes, fees and costs of officers, which had been levied on retail liquor dealers — in short, complying fully, on his part, with the law.

The county court, exercising its discretion, and without passing upon the sufficiency of the papers filed in the…