47 So. 199 | Ala. | 1908
Section 14 of the act of 1907 (Loc. Laivs 1907, p. 884) makes it unlawful to sell liquor, etc., in the town of Florala, except by a dispensary to be established thereunder, and is a good law to prohibit, if not otherwise bad. — Mitchell v. State, 134 Ala. 392, 32 South. 687; City of Uniontown v. State, ex rel. Glass, 145 Ala. 471, 39 South. 814.
It is insisted by counsel for appellant that this law is invalid under the authority of Mitchell v. State, supra, and Town of Elba v. Rhodes, 142 Ala. 689, 38 South. 807. We think the act in question free from the vice pointed oht by said authorities as contained in the acts therein construed. This act delegates the authority to the municipality to operate and maintain the dispensary for the town and with corporate funds, gives the town the authority to elect the commissioners every four years, provides that the business shall be conducted
The judge of the city court did not err in denying to issue the rule nisi.
Affirmed.