Poisel v. Cash

Burke, J., delivered the opinion of the Court. The appellant applied to1 the Clerk of the Circuit Court for Carroll County for a license to- sell intoxicating' liquor in that county. The Clerk refused to receive the application and to issue the license upon the ground that the Act of 1914, Chapter 492, as amended by the Act of 1916, Chapter 340, prohibited the issuing of licenses for the sale of intoxicating liquors in Carroll County, and made it unlawful to sell intoxcating liquors in that county. Thereupon the appellant filed a petition against the Clerk for a writ of mandamus to compel him to issue the license applied for; The lower ■Court dismissed the petition, and the appeal before us is taken from that order.

It is contended that the local option or anti-saloon law of Carroll County is' unconstitutional and void.. The objections, with one exception, urged against its validity are precisely the same as those- presented in the case of Crouse v. The State, ante, p. 364, in which we sustained the validity of the Act. The new and additional ground of objection is that the Act of 1914, Chapter 492, was repealed by Article 16 of the Constitution, adopted by the people in 1915, and known as The Referendum, and that section 6 of that Article prohibited the submission to the vote of the people the Act of 1916, Chapter 340, which was submitted and adopted in accordance with the provisions of that