State ex rel. Lisso v. Police Jury

Citations

• 116 La. 767
• 41 So. 85
• 1906 La. LEXIS 574

Syllabus

<p>Intoxicating Liquors—Prohibiting Sale-Powers of Police Jury—Mandamus.</p> <p>Under no law of this state is the power conferred on police juries to prohibit the sale of intoxicating liquors, and whilst it is true that the taxing power is essentially legislative, and that the unlimited power to tax may include the power to prohibit, it is also true that, where the state grants to one of its agencies the power to license and regulate, whilst, not only withholding, but lodging elsewhere, the power to prohibit, the power so granted is exceeded when used to prohibit and destroy, and a case is thereby presented’ in which the authority of the judiciary may be invoked.</p> <p>(Syllabus by the Court.)</p>