Ex parte Deats

Citations

• 22 N.M. 536
• 166 P. 913

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chapter 47, Laws of 1917, impliedly repeals chapter 75, Laws of 1913, so far as that act applies to municipalities having a population of less1 than 1,000, and such municipalities are hereafter to he governed in matters of local option elections and rights arising therefrom hy chapter 78 of the Laws of 1913, as amended. P. 537</p> <p>2. A license to retail intoxicating liquor is neither a property right nor a contract. It is in no sense a contract made by the state with the party holding the license; it is a mere permit, subject to be modified or annulled at the pleasure of the Legislature. P. 543</p> <p>3. A petition in local option elections, to give jurisdiction, must contain all the averments1 required by statute; and where the petition for the election is not in compliance with the statute, all proceedings based thereon are void, and no jurisdiction to or'der an election is acquired, and the election in such case is a nullity. P. 544</p> <p>4. Under chapter 78, Laws of 1913, the county commissioners have power to order a local option election, where the petition defines a district and is signed by the requisite number of electors; and an inclusion of territory in which a local option election has1 been held within four years, while erroneous does not invalidate the election, provided the elimination of such territory will not change the result.</p> <p>P. 544</p> <p>Robert, J., dissenting in part.</p>