Opinion
Decided February 3, 1914.
Under chapter 76, Laws 1905, the selectmen of a town have no authority to limit the number of junkdealers' licenses to be issued therein.
PETITION for mandamus, to compel the issuance of a junkdealer's license to the plaintiff. The defendants are the selectmen of Hooksett. Having licensed one Isenberg as a junkdealer in that town, they declined to license the plaintiff, on the sole ground that the number of licenses to be issued was a matter for them to decide and that it was for the interest of the town that only one junkdealer should do business therein. Transferred without a ruling from the October term, 1913, of the superior court by Chamberlin, J., on an agreed statement of facts.
Remick Jackson (Mr. Jackson orally), for the plaintiff.
Martin Howe, for the defendants.
The only question considered is whether section 1, chapter 124, Public Statutes, as amended by chapter 76, Laws 1905, authorizes the defendants to determine the number of licenses they will issue, as well as the suitability of applicants. Silverman v. Gagnon, 74 N.H. 502. The amended section provides that the selectmen of a town "may license persons, deemed by them to be suitable, to be dealers in . . . old junk." As the act is silent as to the number of licenses that may be issued in any town, it is probable the legislature intended that one should be issued to any suitable person who applied for it. State v. Cohen, 73 N.H. 543. To hold that the legislature intended the selectmen to limit the number of licenses is not only to read such a provision into the statute, but also to hold that it intended to permit them to create a monopoly of the business in so far as their town is concerned.
Case discharged.
All concurred.