25 S.D. 55 | S.D. | 1910
This is a special proceeding by the state on relation of William Walklin, plaintiff and appellant, to prohibit the defendants, who, it is alleged, claim to be the board of trustees of the town of Castlewood in Hamlin county, from proceeding to act upon the petition of two parties named for a permit to sell intoxicating liquors in the said town of Castlewood. Findings
An affidavit was filed on the part of the relator setting forth, in effect, that a pretended election was held in the gaid town of Castlewood in March, 1909, and that at ¡said election the defendants claim to have 'been elected trustees of said town, and that at said pretended election the question of permitting parties to engage in the sale of intoxicating liquors in said town was ¡submitted to a vote at said election, and a vote in favor of granting such permits was declared to have been carried. •
It is further alleged that notice had been given of the applications of the two persons named for permits to sell such intoxicating liquors, and the time fixed for hearing of the same. 'It is further alleged that, unless prohibited, the said board of trustees will, at the time designated in the notice, proceed to hear the said applications; that the election of the said board of trustees was illegal and void; and that the said purported vote in favor of the granting of such permits was- illegal and void for the reason that the election at which the said trustees were elected, and the vote on the question of issuing permits, was not held at the place designated in the notice given of such election, which was the town hall in said town of Castlewood, but was held at a place about two blocks therefrom, and that for the same reason the election of the board purporting to have been elected at the same time was not held at the place designated in the notice for the election, but at the last-named place, about two- blocks away. It was also- alleged that the judges and clerks at said election were not legally appointed, and that the certificate of the election of said board of trustees and clerk was not filed. The 'learned circuit court upon the affidavit granted an alternative writ of prohibition, but on the hearing of the same finally dismissed the proceedings.
At the conclusion of -the hearing of the writ, the court found the following facts: “(1) That the election held on the 16th day of March, A. D. 1909, was not held at the place whereby the notice of election the same was to be held; that is to say, polls were held at the Woodman Hall, instead of at the town
It is contended by appellant that the court’s finding No. 2 is not supported by the evidence, but in our opinion the evidence fully justified the court in- making this finding.
It is further contended by the appellant that the -irregularities occurring at the election, and especially in holding the election
The further contention of the appellant that as notice was given a short time prior to -the issuance of the alternative writ in this case that two persons (naming them) had applied for permits to sell intoxicating liquors at retail “in- a building on lot 23, block 4, in the incorporated town of Castlewood, in the county of Hamlin,” rendered their applications null and void, as the town board was not authorized to issue permits to two different parties to sell intoxicating liquors upon the same premises, but in the absence of evidence that there was not more than one building on lot 23, or that the building upon said lot did not contain separate and distinct apartments, it did not affirmatively appear that the applicants were applying for permits to sell intoxicating liquors upon the same premises, and neither the trial court nor
We are of -the opinion, therefore, that the conclusions of law of the court were clearly right and that the court committed no error in quashing the alternative writ, and dismissing the action.
Finding no- error in the record, the judgment of the court below and o-rder denying a new trial are affirmed.