State ex rel. Hubbard v. Holmes

Citations

• 53 Fla. 226

Syllabus

<p>1. Where an alternative writ of mandamus is sued out against the county commissioner's of a county to compel them to issue a license to a liquor dealer, under. Chapter 4747 Laws of 1899, and the county commissioners by demurrer challenge the constitutionality of the statute, and the case is heard and decided upon such demurrer in the circuit court and no question is there made of the right of the county commissioners to raise such question, this court in passing upon the judgment rendered is not constrained to permit their right, for the first time, to be questioned here.</p> <p>2. Sections two and four of Chapter 4747 Laws of 1899, do not confer judicial powers on the hoard of county commissioners, and are not, for that reason, in conflict with the constitution. The powers conferred are simply to pass upon the personal qualifications-and fitness of the applicant for a permit, to hear evidence upon those matters and determine whether the applicant is twenty-one years old, whether he is a sober, law-abiding citizen, and of good character. In such case the judgment of the county commissioners is one which follows the application of the ordinary principles of human reasoning to the facts, and is not formed by the application of legal principles to the fact.</p>