State ex rel. Galle v. City of New Orleans

Citations

• 113 La. 371
• 36 So. 999
• 67 L.R.A. 70
• 1904 La. LEXIS 651

Syllabus

<p>INTOXICATING LIQUORS — BIGHT TO SELL — POLICE POWER — MANDAMUS.</p> <p>1. The business of selling intoxicating- liquors is made lawful by the Constitution and statutes of this state, and the right of any citizen to engage in it is one, the enjoyment of which is subject to such conditions only as may be imposed or authorized by the General Assembly in the legitimate exercise of the police power of the state.</p> <p>2. The police power of the state, like other governmental authority, is to be used for the common welfare, impartially and without unjust discrimination; and whilst, as between liquor selling and other callings less harmful to the public, the former may be discriminated against, there is no warrant for unjust discrimination as between individuals engaged in the same business.</p> <p>3. The discretion vested in the city of New Orleans with respect to granting permission to open and conduct barrooms is not unlimited, and does not give that body absolute control of the matter; and, where the refusal to grant such permission is arbitrary, discriminatory, and unjust, a writ of mandamus will issue.</p> <p>4. An applicant for a barroom license, to whose character no objection is found, ought not to be refused permission to engage in that business, in a neighborhood where others are so engaged, on the objection of a minority of the property holders, or on the ground that no more barrooms are needed.</p> <p>Nieholls, J., dissents.</p> <p>(Syllabus by the Court.)</p>