State v. Langan
| Citation | 43 So. 187,149 Ala. 647 |
| Parties | STATE EX REL. DUCOURNEAU v. LANGAN, TAX COLLECTOR. |
| Decision Date | 02 March 1907 |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge.
Petition for mandamus by the State, on the relation of Leon Ducourneau, to compel David Langan, as tax collector of the city of Mobile, to issue to relator a license. From a judgment denying the writ, on sustaining a demurrer to the petition, relator appeals. Affirmed.
The petition alleges that the relator is a citizen of Mobile, and is conducting a liquor business in the city of Mobile, for which he has a license; that Langan is tax collector of the city of Mobile, and as such has the issuance of license; that it is necessary to have the signature of the mayor, and that the mayor refuses to sign such license because the business is to be conducted in a district of the city where liquors cannot be sold; that the city has no authority to restrain the business for which license is sought, but may regulate the same; that a license has been prescribed for that character of business, setting out the ordinance; that certain limits are prescribed in which liquor may be sold setting those limits out; that in these limits no effort is made by the authorities to put down vice and immoral practices; and that it is not a suitable place for a theater or music hall where liquors are to be sold. It is further alleged that liquors are served in certain hotels and restaurants, to the music of bands, outside of the territory and that the refusal of license to petitioner is unjust and a discrimination. Respondents demurred to the petition because the charter of the city of Mobile (section 21) expressly authorizes the general council of said city to adopt ordinances in the matter of "the licensing and regulating of retail liquor dealers," and also in the matter of theatrical performances and other entertainments and amusements, and that it appears upon the face of said petition for mandamus that said ordinances regulating said vocation when carried on together, by confining them on and after October 31, 1906--that is to say, "theaters or variety shows, where songs, music, or dancing is allowed, and wines and vinous, malt, or spirituous liquors are sold, or where men or women are employed to serve wine and vinous malt, or spirituous liquors, on the floor or in the wine room"--to that locality or portion of the city of Mobile bounded by "Lawrence street on the east, Wilkerson street on the west, St. Michel street on the south, and St Louis street on...
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...be coerced by mandamus. Citizens' Bank, etc. v. Commissioners' Court, 209 Ala. 646, 96 So. 778 [ (1923) ]; State ex rel. Docourneau v. Langan, 149 Ala. 647, 43 So. 187 [ (1907) ]; Ex parte Thompson, 52 Ala. 98, 100 [ (1875) ]. But, in cases like this, the board's discretion is exhausted whe......
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