[DOWNLOAD] "Mccarten v. Corwin" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

July 12, 2021

eBook details

Title: Mccarten v. Corwin
Author : Supreme Court of Montana
Release Date : January 13, 1947
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

1. Mandamus ? Findings and judgment presumed correct. The findings of the trial court in a mandamus proceeding and the judgment based thereon are presumed, on appeal to the Supreme Court, to be correct and such findings must be sustained if supported by substantial evidence. - Page 521 2. Intoxicating liquors ? Function and powers of liquor control board. The state board of liquor control is an administrative body, functioning as a bureau of the executive department of the state government, and it has no power to make laws or to create for itself authority and discretion not given by the legislature. 3. Constitutional law ? "Public policy" must be found in Constitution and statutes. The public policy of the state is for the law-making power of the state to declare, and the state has no public policy except that found in its Constitution and the laws made by the law-making power and not by administrative officers acting solely on their own ideas of public policy in promulgating regulations. 4. Constitutional law ? Legislature bespeaks "public policy." When the legislature, within the limits of its constitutional powers, has spoken upon a particular subject, its utterance is the public policy of the state. 5. Intoxicating liquors ? Board cannot create own authority. The provisions of Regulation No. 49 adopted by the board, by which it attempts to create for itself authority and discretion not given by the legislature, are void and of no effect. 6. Intoxicating liquors ? Control of liquor traffic by Board complete. The state liquor control board has complete control of the liquor traffic within the state, and cities and towns are without power to interfere with such control. 7. Intoxicating liquors ? Issuance of license ministerial act. The issuance of beer and liquor licenses by the state liquor control board is a ministerial act not involving discretion. 8. Intoxicating liquors ? Licenses ? No authority to consider attitude of residents. The state liquor control board in passing on an application for beer or liquor license has no authority to consider the attitude of residents of a community as expressed by city ordinance. 9. Intoxicating liquors ? "Suitable" premises defined. The question of suitability under statute directing the state liquor control board to determine whether premises of an applicant for a retail beer or liquor license are "suitable" for the carrying on of the business is limited to consideration of the fitness of the premises for the business of selling beer or liquor at retail. 10. Intoxicating liquors ? Repeal of statute on local control, effect of. The effect of a statute eliminating prior statutory provision requiring approval of the local authorities was to deprive the local authorities of any measure of local control over the issuance of retail beer and liquor licenses. 11. Intoxicating liquors ? Applicant entitled to license. Applicant who was qualified to operate an establishment for retail sale of beer and liquor, had suitable premises for carrying on such business, and had met all the requirements of the law and valid regulations of the state liquor control board, was entitled to retail beer and liquor licenses as a matter of right. 12. Intoxicating liquors ? Issuance of license becomes mandatory ? Words &; Phrases ? "Directing" defined. The statute "directing" the state liquor control board to issue retail beer and liquor licenses to qualified applicants makes the issuance of such licenses to qualified applicants mandatory. - Page 522 13. Mandamus ? Attorneys fees and costs allowed as damages. The successful applicant for a peremptory writ of mandate is entitled, under section 9858, to recover the damages which he sustained.