Evans v. Police Jury

Citations

• 114 La. 771
• 38 So. 555
• 1905 La. LEXIS 538

Syllabus

<p>INTOXICATING LIQUORS — LICENSE—AUTHORITY OJT POLICE JUBY — LOCAL OPTION.</p> <p>1.The parish of De Soto has no authority to levy a license tax on the sale of spirituous liquors within the limits of the town of Mansfield. At an election held throughout the parish, under the authority of the police jury, the result was for prohibiting the sale of intoxicants in the parish, including the town of Mansfield.</p> <p>Subsequently an election was held in Mansfield and the result was, for licensing the sale of spirituous liquors.</p> <p>In 1903 one license was issued and collected of $3,500.</p> <p>In 1904 ...........................$4,000</p> <p>—and the dealer lost money.</p> <p>In 1905, the parish, acting under section 11 of Act No. 186, p. 363, Acts 1902, fixed the license at $5,000.</p> <p>The license relators attack on the ground of invalidity, because, as they urge, prohibitory.</p> <p>2. The first section cited (section 11, Act No. 186, p. 363, Acts 1902) is general in terms. It is not restricted to any particular business or occupation subject to license. It does not retain full force and authority, where, as in this case, the parish has declared itself against issuing any license at all, and the town subsequently by vote declared for licensing a business ; and it does not retain its authority to impose license upon the town that has a special clause in its charter granting the power, since the election was held conferred by section 14, Act No. 186, p. 366, Acts 1902. The town has power to rule and regulate, as well as prohibit, the sale of intoxicating drinks, and to call an election to determine by ballot questions their grant suggests.</p> <p>3. Between the general section first mentioned and the last section, which refers to Mansfield, only, the court holds that the last particular section governs wherever there is direct conflict and irreconcilable conflict between the two.</p> <p>4. The power of the parish can be restored only by a vote of the people of the