Mandamus. Public Officer. Municipal Corporations, Officers and agents. License. Intoxicating Liquors. Express.
Where applications have been made to the selectmen of a town, in which licenses of the first five classes for the sale of intoxicating liquors are not granted, for permits under St. 1906, c. 421, § 2; St. 1911, c. 423, for the transportation of intoxicating liquors in and into the town, and the selectmen have decided not to issue any such permit unless ordered to do so by this court, two of such applicants, at least one of whom is qualified to receive such a permit, have sufficient interest in the subject matter, if any private interest is necessary, to warrant them in bringing a petition for a writ of mandamus to compel the selectmen to undertake the investigation of applications for such permits with a genuine purpose to comply with the law.
BY THE COURT.
This is a petition for a writ of mandamus to compel the respondents, the selectmen of the town of Peabody, to issue a permit to transport intoxicating liquor in accordance with St. 1906, c. 421, as amended by St. 1911, c. 423.
The petitioners as applicants for such permits, one being admitted by the answer to be qualified to receive such a permit, have sufficient interest in the subject matter to warrant them in bringing such petition, if any private interest is necessary. Sinclair v. Mayor of Fall River, 198 Mass. 248, 256.
Mandamus is an appropriate remedy. Welch v. Swasey, 193 Mass. 364, 377.
The case on its merits is concluded by Rea v. Aldermen of Everett, 217 Mass. 427, where, after a full discussion, it was held that the writ should issue to compel the public board to undertake an impartial investigation with a genuine purpose to comply with the compulsory provisions of the law. It is not for public officers to refuse to obey the law.
Writ to issue.