(Download) "Department of Human Services v. Gaddis" by Mississippi Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Department of Human Services v. Gaddis
- Author : Mississippi Supreme Court
- Release Date : January 31, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Innkeepers — Rooming-houses — Cities and Towns — Power to License — Appeal and Error — Theory of Case. Appeal and Error — Trial — Theory of Case. 1. Where counsel acquiesces in the submission of a cause to the district court upon a certain theory, he will not be heard on appeal to advance a different one. Cities and Towns — Licenses — Rooming-houses — Power of City to Regulate. 2. The business of conducting a rooming-house, though a legitimate one, is so far concerned with the health, morals and welfare of the public that it is within the police power of a city to regulate it under the authority conferred by subdivision 1 of section 5039, Revised Codes of 1921, denominated the "general welfare clause." Same — Regulation of Rooming-houses — Licenses — Ordinances — When not Invalid as Conferring Arbitrary Power. 3. A city ordinance which vests in its officials a discretion to grant or refuse to grant a license to carry on a lawful business, to be valid, need not, where the ordinance relates to the administration of a police regulation necessary to protect the general welfare, morals and safety of the public, prescribe all the conditions upon which such license shall be granted or refused; the fact that in instances it may be exercised arbitrarily, in the absence of specific directions, not being an argument against its validity, since in such a case the person discriminated against may apply to the courts for relief. Same — Rooming-houses — Licenses — Ordinance Held not Invalid as Conferring Arbitrary Power on City Council. 4. Under the above rule (par. 3) held, that an ordinance providing that upon application for a license to conduct a rooming-house, the city council should refer it to the proper committee and the chief of police for investigation, they being required to investigate all the facts stated in the application, as well as the qualifications and character of the applicant and report back their recommendations, and that if the council thereupon should determine that the applicant is not a proper person or that the house might be so operated as to be a menace to the public health, peace, morals or general welfare Page 26 of the city, the application should be denied, is not invalid as conferring an arbitrary power to grant or refuse to grant a license for conducting a lawful business. (MR. JUSTICE GALEN dissenting.)