Legal Opinion

Ouachita County v. Rolland

Supreme Court of Arkansas

Decided May 11, 1895PublishedCited by 8 opinions

Appeal from Ouachita Circuit Court. Charees W. Smith, Judge. A county judge may, notwithstanding that a majority of the votes cast at an election be “for license,” refuse license to any and all persons, and his refusal cannot be questioned in any legal proceeding, or before any legal tribunal.

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Appeal from Ouachita Circuit Court. Charees W. Smith, Judge. A county judge may, notwithstanding that a majority of the votes cast at an election be “for license,” refuse license to any and all persons, and his refusal cannot be questioned in any legal proceeding, or before any legal tribunal. Sand & H. Dig. sec. 4869 ; 34 Ark. 394; 43 id. 42. But, having elected to issue license, he is not allowed arbitrarily to issue to one and withhold from another. 43 Ark. 42. But he may grant license to a reputable citizen, and refuse license to another whose past conduct and character is such that it…

1Opinion of the CourtBattle, J.

On the 5th of April, 1893, Blanche Rolland applied to the county court of Ouachita county for a license to sell malt liquors, by the wholesale, at her place of business in the First ward of the town of Camden ; and deposited with the collector the sum of one hundred and fifty dollars, the amount of State and county taxes required to be paid therefor, and also an amount in addition sufficient to pay the costs of issuing the same. The petition was rejected, and the applicant appealed to the circuit court.

It was admitted, at the hearing of the petition by the circuit court, that a majority of…

2Cases cited1 opinion

  1. Ex parte LevySupreme Court of Arkansas · 1884

3Cited by8 opinions

  1. State ex rel. Great Northern Railway Co. v. Railroad CommissionWashington Supreme Court · 1910
  2. Ex parte MortonSupreme Court of Arkansas · 1900
  3. Whissen v. FurthSupreme Court of Arkansas · 1904
  4. Pulaski County v. Jacuzzi Bros. DivisionSupreme Court of Arkansas · 1994
  5. Burke v. GullegeSupreme Court of Arkansas · 1931

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