The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-09-20
DECISIONS or THE HIaH COURT



speca. and limited Jurisdiction conferred /
by general aw. for the public good and +.
both the extent OF its power and the
limit Of it discretion are strictly measur- /
ed and regulated in their exercise by that
act IL Is not n private right nor an eE-
elusive privilege nor q public franchise
granted 70 this corporation. for the bene-
fit of the city Of Jackson, as such corpo-
ration, bur IT Is a naked power. % special
I duty imposed by law upon this body for
/ the benefit of the public at large, which
can only Be exercised for thepurpose, and
\ n the manner and according to the
special provisions of the net, and is wholly
/ foreign to the objects and purposes for
which the corporation was created. The
\ corporation was only used as convenient
agent for the accomplishment OF the pur-
poses of the act It's object was two fold.
lst 10 guard the community against the
evils Of numerous unrestrained retail
shops. and ID to make them a source OF
revenue for the benefit Of common
1 schools. The act was subsequently amend
ed so as to appropriate this revenue in the
city Of Jackson. not to this corporation,
but "to the education Of poor children
"and the support of paupers.' See act OF
1 IS p. lOj In this respect, az APPLY sug-
gested 10y counsel for appellants, this
corporation occupies the precise attitude
Of The Boards of police in the respective
Counties or OF any other Court acting
under a special and limited power beyond
its general or ordinary jurisdiction, and
all the doctrines applicable to that class
Of cases apply here
This corporation could not dispense with
the conditions and prerequisites upon
. which its power and jurisdiction to grant
! license depended. Nor could it in viola
ton Of the statute, interpolate new con
ditions. precedent to the exercise Of its
power and discretion The Legislature
contemplated by this act. lst That only
the corporate authorities of towns and
cities having two thousand inhabitants or
more. and the Board, Of police of the re-
spectyo counties should exercise this
power. %. That the license should be
for one year. 3D. That the amount paid
for such license should not be less than
two hundred nor more than one thousand
dollars 4th. That the applicant should
he d free white person resident in the
city. jtn. That there should be a recon-
mendation of five free holders. 9th
That q bond should be executed 1th
That the amount raised should be appro-
Ipriated to the education Of poor children
and the support ofpaupers by the amend
ment Of 1916, p. l0j, applicable to the
city Of jackson. Sth. That no license
should be delivered until the receipt oil
the Treasurer Of the corporation for the
tax should be produced. 1t was not in
the power of this corporation to do any
act or to make any contract in violation
of the plain duties enioned by these
provisions. 1t was not in its power to Ss'l
adiscretQn and authority specially delega-
49, A. - - ~ seed for tho publ, good,
and thereby prevent itself rom the fur
Their exercise of such discretion and au-
thority, from time to time as the exigen-
cies Of the country might demand. 1t
was not in its power by contract, to diyest
itself Of the public official duty, irreyoca-
bly, for term OF years for private benefit
or local advantage.
No person even so far back as the
fuedal ages was permittedby law to stipu-
late for iniquity, or hUpi c0ntr9ctu grtj0 non
orihr is the universal maxim of the Courts
in every period of English jurisprudence.
Our American reports equally abound
with cases OF contracts declared Illegal
on account OF the illegalty Of the con.
siderauons. and they contain striking
Illustrations of the general rule that CON
tracts are illegal when founded upon
violation of public trust, or confidence. or
duty, or the violation of public law
Second Kent. p. GO ! Story Ia. Jur. D.
324, Sect. 29I As to violate the license
laws. Richie VS.. Smith c. b. R. 1852.
The Courts of the country will give no
Imam a remedy on contract made IN con /
temptation of % violation OF its laws
Terrett vs.. Bartlett Dist Vermont isl
Wootten vs.. Miller : tn Z. and II. p. 3S5. /
When we examine this contract in re-
ference to the laws Of this State. existing
at the time it was made, and in the light
of these general principles. it is most ap- |
pafent that not only its tendency. but its /
real design was to eyade defeat and abso.
mtely nulify the provisions Of the acts of
1872 and lS46. To enable the parties to
the contract, to erect a commodous hotel /
for the accommodation of the public in /.
the city Of jackson, "by granting the /
/ privileges and exemption" named in I.
said contract, as its declared purpose I
purpose wholly foreign to the objects in. /.
tended to be accomplished by the act OF
/. lS42. and inconsistent with the lust exer. /
else of the power and discretion vested in I
the corporation by that act for the public .
good
The contract next proceeds to violate /
the letter and spirit Of the act of 1912. bv /
I obligating the authorities Of the city oil
| Jackson, without regard to the conduct
Of Bowman. under his license to renew II
/ annually tor five years whether he shows
/ himself to be a proper person to whom
the license should be granted or not. thus
selling or donating away. irreyocablv the
I power and discretion vested in them bv
law to be exercised from year to wear. in
I preventing the abuse Of the license. and
Yestinc the right in Bowman bv con
tract, TO exercise this privilege for five
years. They next obigate themselves 10
grant him the license annually for five
Years, "aj the lowest rate al which license
TO retail yinous and spirituous liquors may
by law be granted. Thus rartinp with
their power and discretion In view Of an
circumstances surrounding them. to de.
mand from the grantee OF such license
the highest or any intermediate sum
therefor. between two hundred and ono