State ex rel. Norman v. D'Alemberte

Citations

• 30 Fla. 545

Syllabus

<p>1. The Board of County Commissioners under the authority conferred by sections 865, 866 R. S., to grant a permit to sell liquors, wines or beer, has no judicial power or discretion to dispense with, or add to, any of the essential statutory requirements in reference to the petitfon presented for that purpose*, the power of the board in this respect being confined to the recertainment of the facts as to the identity of the names on the registration list of the election district with those signed, to the petition, the facts of publication, and whether or not the number of the signers is a majority of those on said registration list.</p> <p>2. A permit granted by the Board of County Commissioners to sell liquors, wines or beer in an election district, on a petition, signed by less than a majority of the registered voters of said, district, as shown by the registration list on file at the date of application is void, and a tax collector will not be compeUed. by mandamus to issue a license to an applicant on such, permit.</p> <p>3. The municipal ordinance brought in question in this case held. to be void for reasons stated in Ex parte Theisen, decided at, this term. (30 Fla., 529, 11 South. Rep., 901). ^</p>