Mayor of Rome v. Duke

Supreme Court of Georgia
Mayor of Rome v. Duke, 19 Ga. 93 (Ga. 1855)
Lumpkin

Mayor of Rome v. Duke

Opinion of the Court

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 *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.

Reference

Full Case Name
The Mayor & Council of Rome, in error v. David D. Duke, in error
Status
Published