Pitcher v. Albi Mercantile Co.

60 Colo. 289

Opinion

Per curiam:

(En banc).

Except as the ordinance of the City and County of Denver, No. 223, Series of 1913, may inhibit the issuance of a license to keep a saloon within a specified distance of designated places, the Excise Commissioner is invested with a sound judicial discretion, to be exercised in view of all the facts and circumstances of each particular case, as to granting or refusing a license to keep a saloon, and such discretion will not be interfered with unless it appears it has been abused. Muller v. Commissioners, 89 N. C. 171; Harrison v. The People, 222 Ill. 150, 78 N. E. 52; Swift v. The People, 63 Ill. App. 453; Batters v. Dunn, 49 Conn. 479; Black on Intoxicating Liquors, sec. 170, 23 Cyc. 135. It does not appear from the facts upon which the commissioner acted that he abused his discretion.

The judgment of the District Court is reversed and the cause, remanded with directions to dismiss the proceeding.

Reversed and remanded with directions.

White, J., not participating.