Mayor of Rome v. Duke

Supreme Court of Georgia

Mayor of Rome v. Duke

19 Ga. 93

CourtSupreme Court of Georgia

DecidedSeptember 15, 1855

DocketNo. 21

StatusPublished

This text of 19 Ga. 93 (Mayor of Rome v. Duke) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mayor of Rome v. Duke, 19 Ga. 93 (Ga. 1855).

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Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We are called upon to reverse a judgment made upon an Ordinance of the City of Rome, without having the ordinance before us. YYe cannot assume that responsibility. The council may be clothed with discretionary power to grant or withhold a license. If so, the fact should have been made to appear. Upon one point we are clear, namely: That an ordinance, like a statute, should operate uniformly. And [94]*94that the council had no right to make the applicant’s case an exception. Unless the authority to discriminate is conferred by the charter, all who bring themselves within the provisions of the ordinance, are entitled to its privileges.

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By the Court.

Lumpkin, J.

delivering the opinion.

[1.] We are called upon to reverse a judgment made upon an Ordinance of the City of Rome, without having the ordinance before us. YYe cannot assume that responsibility. The council may be clothed with discretionary power to grant or withhold a license. If so, the fact should have been made to appear. Upon one point we are clear, namely: That an ordinance, like a statute, should operate uniformly. And [94]*94that the council had no right to make the applicant’s case an exception. Unless the authority to discriminate is conferred by the charter, all who bring themselves within the provisions of the ordinance, are entitled to its privileges.

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Bluebook (online)

19 Ga. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-rome-v-duke-ga-1855.