The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-07

CASE of peculiar hardship, and one
afrording another illustration of the COM
mon saying that "there Is nothing certain
but death and taxes, y is that of the true
bills recently found by the Grand Jury Of
Monroe county against various citizens of
Aberdeen, for retailing vinous and spiritu-
GUS liquors in that city, during the years
1877, 1873, and 1879
1t shows that the law itself is not certain,
and that the doctors of the law don't always
know what the law is; while even the court
of highest and last resort, is not uniform
and unvarying in its expoundings of the
law.
1t seems that a charter was granted to the
city of Aberdeen, in 1887, which conferred
or undertook to confer upon the city author
tiles, the sole and exclusive right to grant
licenses to retail within the corporate limits,
and to use and appropriate the revenue aris-
ing therefrom. In 1916, the Legislature
passed an act devoting the funds arising
from this source to the public schools. The
Supreme Court of the State subsequently
passed upon and reviewed this act, and de.
cided that it did not repeal or affect the
right of the city to collect and use the
money obtained from licenses to retail
That the act could not divert this fund
from the purposes indicated in the charter
tho city having the right to grant the
license. S. & NJ. G93. Again, in 1850,
the court reaf1irmed the principles of the
former decision, and denied the right of the
Legislature to divert the funds from the
purposes intended by the charter, SO long
as the right to grant the license remained
in the city. The court also held, in this
last case, that an act passed in 184S, giving
this fund to local schools was imperative.
In 1854, an act was passed to consolidate
and reduce into one the original charter
and all the amendments thereto, but still
leaving in the city authorities the right to
grant the licenses-but being silent as to
the purposes to which they should beappro-
priated. The city authorities, and many |
distinguished lawyers still held that the city |
had the perfect right to grant licenses to re-
tail, and also to control and appropriate |
the funds. 1t was believed that the city
still held, and could exercise this authority, |
Notwithstanding the act of 1854, the new
Constitution, and any and all other laws;
aud that license granted by the city
authorities would amply and fully protect
any person selling liquors under such
license, from the pains and penalties of re-
failing contrary to law.
Finally, the State Board of Education
brought suit to recover from the City of
Aberdeen, money arising from retail licen-
ses. Judgment i'll the court below was
against the State Board, and in favor of the
learned judge holding, I'M
der the principles formerly enunciated by
the Supreme Court, that the charter rights
of the city were unrepealed and unaffected
by any of the Legislation on the subject.
The case went to the Supreme Court, and,
after an exhaustive argument, and research
and investigation, that learned tribunal re-
1er8e0 all the former decisions.
The consequence is, that under the effect
If this tinal decision, rendered in February
asst, considerable number of the good cit
zens of Aberdeen. acting in good faith, and
engaging in the retail business during the
years 1877 1870, under licenses obtained
rom the city authorities, are now liable to
Indictment and punishment as violators of
he whisky laws of the State. Many of
hem have been indicted, and others per-
laps will be. This presents a legitimate
md perfectly proper case for the pardoning =
power, and our excellent Governor has used :,
t, and extended full pardon to oil parties
,aught in this unfortunate dilemma.
A petition asking for the pardon, and
lumerously signed by the best men of
Monroe county, with the endorsement of :,
he honorable Circuit Judge of that Dis
riot was presented to the Governor. His
ct in granting the pardon will meet with
he hearty appreciation of all who UNDER
tand the facts of the case