, 1873-06-14
A Warning to Irish Temperance Socie-
ties Against Wide.Awake Pol
fticians.
Response to the Speeches Nladc at
Tho Irish Temperance Meeting
Of the 8th Inst.
Views of Puritans and Anti'Puri-
tans.

obtained an opinion from BONO OF 1ts a'soineso,
aenying the power Of tho Common Council to
authorize tho Mayor to rovokc 1iconaos In cases
whcro liquor-Bollora havo violated the laW8, anu
propose to influence tho action Of tho Common
Council at ita noxt meeting by this opinion. IT
illustrates tho perBistcncy and inch-by-inch oI-
position Which liquor -doA1crs always exhibit to
my reasonable regulation Of tholr dangerous
traffic.
Tho argument as published draws fnlso con-
clusions from It's own promises, aud falls to
touch the foundation Of tho questions involved.
Tho promises aro mostly disjointcd pnrtial stato-
monts Of simple logai propositions Which all
acknowledge, and do not afloos tho power
claimod. VIII you pleaBo publish, for tho infor-
nation Of tho Council at its noxt meeting. tho
following "powors OF tho Council" aud loyal
authorities defining tho nature Of license, anu
tho source from which tho powor Of revocation
OF liccnso is derived. by tho Consolidated
Charter Of 1868, Sec s, tho Common Council has
power: "To rogulate tho selling or giving
away Of any ardont spirits by my shopkooper,
trador, or grocer, to be drunk in any shop, store,
or grocery, outhonso, yard, garden, or other
place within the city"
Soc. q: ITO llcenso regulate, and restrain
tayorn-keepers, grocers, and keepers Of ordinh-
RIGS, or victualing or other houses or places for
tho selling or giving away wines md othor T
Liquors. whothor ardent ynoas Or ferm'ontod.
to licenno, SUPPRESS, or restrain, and abate
nuisances by summary process md also 70
mako any ordinances necessary for po!'ce-rcgt-
tations, and a!c good order Of the city, and to
mnke any ordinance that may bc necessary to
carry into effect any ordinance made In r1uau-
auco Of tho City Cl,arter OF tB amendments and
to in11ict penalties, f1ne mud impraonment,- not
exceeodi,lg $500 or Imprisonment for two yoars.
f41rr 1f
aud cities = All cities organized undor any
special lot have tlle same poWers that woro coll
ferrcd upon tho Cities of Springfield and Qninoy
by tho charters Of those cities.' Tho City Coun"
Gil Of Springfield Inns powor:
"To 1icennc, tax, regulate, auctionoors. NOR
shasta aud rSsata5ilors t grSeer' 'a0s'"s 0'aaes
"To tx, restrain, prohibit, and suppress
gfppiin1-houscs, dr1M-Sh0ps, Enntng-houaeB,
bawtly and other diaordorly houses"
s'To regulate the police OF the city, to impose
fines, and fo'Jett'es, aud penalties Tor the breach
Of any ordinance mud provide for the recovery
aud appropriation OF such fines and forfoituros,
and tic onforcemeut Of aucA penalties:"
And, finally: "Tho City Council shall hayo
power to make all ordinances which Bhall be noe
a,ssary and proper for carrying into execution
the powers specified In this net, 80 that such Or
dnnnco be not ropugnant to nor inconsistent
with the Constitution OF tho United statos or OF
this statc."
The above provisions arc brond enough to
MI oascs provided for by tho ordinances, or
where it il necessary to carry into effect any
ordinance Of tho city.
Tho power to revoke liquor-liconaes is d neces-
sAry police-powor included III tho power to re-
strain, prohibit, and suppress tirpling- houses
aud drnn-Hhops, and In tho power to impose
fines, forfeituroa, and penalties for the breach
Of any ordinance; and. as such. cannot bo
enated from tho proper authorities al5n by any
III such places. Legislatures cannot dveat them-
selves Of tho pollce-power if they would. (Chiof
Justice neddeld Thorpe Vs. 4. l. B. Il. H. Co.,
The granting Of q licenae is the exercise of q
police~power, and its revocation upon good
cause, shown in lawful manner, is o necessary
polioo-power; and, aa above shown, the State or
Council cannot deprive itaelf OF the power Of
revocation. The following authorities arc con-
elusive: "
IA license granted for one year is not con-
trnct, and is annulled BY prolibitory law. tits
moro policc-regulation, intended to regulate
trade, prevent injurious practices. and promote
the good order and welfare Of tho community,
and liable to DO modified aud repealed whenever,
III the Judgment Of the Legislatnro, it failed to
accomplish its objects." calder ys. Kurby, s
Gray, 59D.
"Liconsos to gell liquor are not contracts be-
tween tho State aud licenseo giving tho latter
vested rights protected On general principles, y
"such l1conacs aro moro temporary poru1itB to
do what otherwise is unlawful, and arc not prop
orty in any legal or constitutional sonae II
1Metropolitan Board OF Exciso va Barrie OF al.,
81 N. Y, G57).
licenso implies no right or estate conveyed OF
cedod, no binding contract between parties, but
mero leave and lborty to DO enjoyed us matter
Of Indulgence at the will of the party who gives
The license. It coufers no vosted right estate,
or interest, but IL at all timos royocablo at the
pleasure Of tho party that grants it" Estate ys.
Holmes, SO N. H., 227).
Wo forbear quoting other authorities.
The case reforrod to IN tho published opinion
ble. Tho Town Council OF Columbia had power
by ordinance to impose AncB for tho purpose OF
enforcing ordinances, to tho amount Of $50 only,
without power Of forfeiture and an ordinance
license for violation was hold to DO un-
authorized, as tho power conferred had been ex-
Bit lie City Council of ohicngo has power tc
not exceeding $500 !; consequently the
powor of revolving or forfciting lconho coHt.
Ing only $50 doest NOT exhaust TINT power. 30.
eitioa, the doctrine has boon laid down by the
exerciBe powors by ordinance, regulating tic
sale Of intoxicating drinks, beyond those author.
lied BY tho gonoral laws Of the State. Greater
penalties may bc allowed" (City Of Pokin Vs.
45o).
No further argument is necessary to show that
thn Common Council haa power to authorize the
revocation Of lieonucH to soil liquors. Fur.
tllermoro, undor tho aboyo~quoted powerf
Of tho charter, there is good reason to believe
TINT they lavo tho power to prohibit absolutely
the Balo Of such liquors, Whenever tho moral
henEo Of the community will donand mud sus.
tain an ordinance 10 Tint OBJECT Aud, II any
court could bo found sufficiently Bubyervicnt L
the llquor-interost to decide, under tue charter
powers "to make my ordinances necessary fol
pol,ooe-regnlations and tho good ordor Of the
city" and "neeoHsnry 10 carry into effect MI,
tor aud It's amol.lluontg." thot lilo Common
Council had no powor to provide for rovoking
!icenso in cahes where d liquor-doalor had vlo
lated tho conditions Of Ills liconae ant
laws Of the State. tlon It would bo tLo JuLy d
tie Council, under the above powers, "to ro
st1ain. prohibit, md suppress ti,pling-horgos
and dram-ahops" altogether, md thereby chi
tho public lsgalizod oxlateneo i @ Of a dangoroul