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· 1/15/1850

Trustees of the Aberdeen Female Academy v. Mayor of Aberdeen

Citations

  • 21 Miss. 645

Syllabus

<p>By the charter of the town of Aberdeen, in 1837, the legislature granted to it the sole power to grant licenses to sell vinous and spirituous liquors within the corporate limits thereof, and to appropriate the money arising therefrom to city purposes ; in 1848, an act was passed by the legislature, changing the purposes to which the money so arising was to be applied, and directing it to be paid to the Aberdeen Female Academy : Held, that the last act was unconstitutional. By its charter the city had a vested interest in the profits arising from the exercise of the franchise of granting licenses ; which, while it continued the franchise, the legislature could not take away from the city. It might take away the franchise altogether ; but if permitted still to reside with the corporation, it must remain with all its incidents and advantages.</p>

Judges: Clayton

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