Ex parte Persons

Headnote

A town board of excise, until the actual entry of a resolution pursuant to 1 R. S, 677, § 3, 2d ed., have a large discretion to exercise on the question of granting and refusing licenses, which this court will in no case attempt to control.

A. C. Hand moved for a mandamus to be directed to the board of excise of the town of Westport, Essex county, commanding them to enter a resolution to grant a license to the relator for keeping a tavern in that town, and to sign such license, pursuant to 1 R. 8 . 676, 2d ed. The motion was founded on affidavits tending very strongly to show, that the relator was in every respect a fit person, within the statute, to receive a license to keep a tavern at his residence in the village of Westport, and in the house proposed, at which he had kept a tavern under regular licenses for several years; and that all this was known to, and admitted by the board, on his application to them for a license. Yet, on applying and offering the proper- bond, they refused to enter a resolution pursuant to § 3 of the act, or to grant the license, though they all knew the fact that no

'tavern was licensed in the village, and admitted that a tavern was absolutely necessary there.

The affidavits tended to show, that the refusal to license was on the sole ground that the board considered any license under the excise laws, giving authority to retail spirituous li-' quors, a public evil. They also tended to shów that, at first, the board concluded to grant a license; but no resolution had been entered in their minutes to that effect, and they continued; to withhold a license.