Burke v. Collins

Citations

• 18 S.D. 190
• 99 N.W. 1112
• 1904 S.D. LEXIS 41

Syllabus

<p>1. Under Rev. Pol. Code 1903, § 2839, providing that, if the principal of a liquor license bond is known by the hoard of county commissioners to be a person whose character and habits would render him or her a person unfit to conduct the business of selling liquor, the board shall refuse to , approve the bond, the board have authority to reject a liquor license bond on their own knowledge of the unfitness of the principal to sell liqu'ors, and this without stating of record the facts known to them from which they found such unfitness.</p> <p>2. Since the business of engaging in the sale of intoxicating liquors is not one of natural right, but may be restrained and limited or entirely denied by the states, except as to transactions constituting interstate commerce, Rev. Pol. Code 1903, § 2839, conferring on boards of county commissioners power to reject the bond of an applicant for a liquor license known to them to bo an unfit person to engage in such business, is not unconstitutional.</p> <p>3. The fact that a board of county commissioners had acted, and refused to approve the bond of an applicant for a liquor license, did not preclude such applicant from maintaining mandamus to compel the board to approve the hond and issue the license, provided it was the duty of the board to do so.</p>