Jones v. Lee
| Decision Date | 10 June 1924 |
| Docket Number | 4 Div. 939 |
| Citation | 20 Ala.App. 377,102 So. 233 |
| Parties | JONES v. LEE, Judge of Probate. |
| Court | Alabama Court of Appeals |
Rehearing Denied June 24, 1924
Reversed on Mandate Dec. 16, 1924
Appeal from Circuit Court, Barbour County; J.S. Williams, Judge.
Petition by E.M. Jones for mandamus to Hon. Huey R. Lee, as Judge of Probate of Barbour County. From a decree denying the writ petitioner appeals. Affirmed.
Chauncey Sparks, of Eufaula, for appellant.
Harwell G. Davis, Atty. Gen., and A.A. Evans, Asst. Atty. Gen., for appellee.
E.M Jones made application to the probate judge of Barbour county for a state and county license to sell cigarettes in the city of Eufaula and tendered to him the sum of $23 in payment of all legal charges therefor. The judge of probate, Hon. Huey R. Lee, refused to accept said amount or issue such license for said amount, and thereupon the said E.M. Jones filed in the circuit court his application for writ of mandamus to compel the said Huey R. Lee, as such judge of probate, to accept said sum of money and issue said license.
The amount that must be paid for state and county license for selling cigarettes in incorporated cities and towns is governed by the number of inhabitants of such city or town. Schedule 25 of section 361, General Revenue Act 1919 (Acts 1919, p. 404). This act further provided as follows:
"In all cases where the amount of license is rated according to the population of the town, city or county, the population of such town, city or county as fixed by the last preceding United States census shall govern." Section 377 of said act (Acts 1919, p. 445).
The above-cited act was approved September 15, 1919.
On September 17, 1919, two days after the foregoing cited act was approved, there was approved by the Governor an act (Acts 1919, p. 465) which provided as follows:
"That where the census of any city or town in the state of Alabama of seven thousand inhabitants or less, has been or may hereafter be taken as provided by the Code of Alabama of 1907, and the report of the census thus taken has been or may hereafter be filed with the secretary of state, that the census purporting to be a true and correct enumeration of the inhabitants residing in the said cities and towns, is, and shall be, hereby, ratified, confirmed and validated, and the report of said census, which has been or may hereafter be filed, shall for all purposes govern, and be taken...
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