, 1874-02-05
The Supreme Court Fully Dpholds
Mayor NIedilk's Positions.
The Mayor Has Power to Re-
woke a License.
The Council, Under the Charter, Has
Entire Power Over the
Saloons.
A snloon-IKeepcr Acquires No
Vested Rights by Ills
License.

Vested Rights ny Ills
License.
.rhe following Ia tho decIaion recently glven
bv tho Supreme Court in tho caao OF tho olty OF
Chicago v, Franz Solwucbow. This potson Kept
The ealoon ct tho northeast corner Of Madison
and Union stsoots, aud, though under the very
eyes Of tho police, refused to atop selling lquor
Sunday whom Mayor Medill began tho enforce
ment of that obnoxious ordinance. He WAS
fined two or three tirnes for violating the la"'
and his llconso was finally revoked. Desiring TO
tost tho question Of the power Of tho Mayor to
do this, he kept Oh selling, waa arsehtod anu
1,nel thorofor, and refusing to pay, WAS sent to
ini whero ho remained for tho sake OF tue prln-
c.plo involved until he found that the only way
to eet out was by paying tho tlne ind that 1t did
not nav nowadays to act tho martyrs part.
The opinion, which is written by Nfr. Jussico
Walker, is as follows:
THE OPINION.
This was suit brought by the city before
Police Magistrate against appellant to rocoVor
pollalty for soliing liquor without license. The
City recovered, and fine OF 800 was imposed;
tho cause was removed to tho Criminal Court Of
Cook County by appeal; tra! case had 10 that
Court, a jury bong welvcd. Which resulted sa u
had before the Police Mngisrato, and from Which
this appeal is presented.
TIE L1CENBE.
The facts are not disputed, and arc, in aub-
stance, that in July le72 appellant paid s52 to
or saloon and to soil intoxicating liquors untll
tho 1at Of July, 1875, On tho 4lh Of Juno, 1878,
the Mayor rovoked tho Neonso for tho reaaon
that appellant had been CONVICTED Of X ;koeplng ag
tion Of ar ordinance Of tho city. After tho re-.
vocation he kept open his grocery or saloon mud
aold liquor as uaual during. the balance Of tho
tho license itaof and tle city ordinances TINT tho
power was reserved to tho Mayor to revoke tho
1icenao. It contained this clause: r:
TO be subject to Bnch ordinances Of tho taid City Of
state n rcgard @ 10 the rais Of wes and liquors.
revocation at tho Will Of tho Mayor ard to premises
s1 not ns G & II ok &C 9 on ns e1 y ng aea
ton. lNo billiard table TABLES shall 10 Kept On Or
abont he premises without license therefor from TIC
City of Chicago, whather in actual use or noto No
vagraut, no Keeper Of house Of itame, prostitute.
drunken Or sorderly person. eha be allowed In or
about the promises.
And after recting various other prohibitions.
it declares that
Nevertheless, this 1icense with all the rights under
it. is subject to revocation at the discretion of the
ahall terminate absolutely upon the notice Of said re-
vocation being lett at tho bar aud the person e whom
It Ia Issued sh atand In the same position aa 1a had
not .akou out Apy license
onIpINANOE AMI CHARTER Pn0vIsloNB.
The city ordinance contains this provision:
Any license 30 granted may be revoked upon wrltten
nSsfsetlon lint ihe party licensed aall avo vioated
any provision Of any ordinance Of tho Common coun
"a relating to apirnons liquors, or any condition OF
Tho ordinances in forca at tho time tho liconBo
was granted contained this provision:
sha @ Sssb apss snv se e
CT Place wle1a Intoxicating drinks may kept,
anaI ae reta, any Intoxicating drinks On tho
aanna asy Or % m ssa net
$40 nor moro than $l00
The charter under which theso ordinances
were adopted contain these provisions giving
power to the city:
To regulate the sailing giving AWAY Of any ardent
spirits ~ any shopkeepor trader grocer to be drunk
II my ahcp sSge Of % %S[oe9r I 10y fGrnouse yard gar
r. ncense Regulate, and restrain tayern-keepess,
grocors, and Keepers Of ordnariea and yietuang es-
or giving away wines sud other liquors, whether A.
dent. viaous, or tosmented.
cerios. an, houses Of tl-fame sn to authorize tho
destruction aud demolition OF all Instruments de-
vices uscd for the purpose Of gaming.
POWERS CONFERRED
There are powers conferred upon the city
which would seem to 10 ample to justify the No.
ton taken IN this caae. The power is given to
regulate tho selling or giving away any ,artiont
spirits, to hconse regaiate and - restrain tavern
v;otuuang-housee. or other places from selling
Of giving away such liquors, oto.. md
10 suppress or restrain dlaordery
h9aasa a oe, and o.
aud this latter torn haB generally hero boon
used by tho General Assembly to designate n
place where liquors are retailed to be drunk, and
t is 5no general ne onmg ahp0a la 70 e
the meaning intended to be attached to it iu
those provisions OF tho charter, and especially
30 when we fai! 10 SEQ to what 0iso 1t could be
reasonably applied.
MANNER or EXERCISING THEM.
It iH, however. contendod that. inasmuch az
when the Legislature in granting powers to mu
n!cipal bodies prescribes the nsalnor in which
shey shall be exercised tho body mu1t bc lilnitet
to that made and eau adopt no other. And thu
the Legislature, having authorized the city Il
exercise its power through ordinances, and Il
enforce them by l]no, that tho right to e1orcis
Its powers by forfeiture cannot be Sustained. /
the only means intended to bo given by tho Cit
OF enforcing theHe powers IL by fne, then th
position Of counsel ia correct. But is that til
only moons glyen9 Evidently not, az tho Ian
Il will hardly DO contended that to suppros
groceries, tho city would bo compelled to grau
licenses, aud only be allowed to line the perao
to whom grantet Tor violation o. tho nTasnanc
ths came rennon be insisted that the city coul
not rofuAo 1icenae for such q purpoaa and tax
bond. as the chartor authorized, conditione
jeot, and have no otlior remedy. tllan an aoto
On tho bond. MI know that this would not
suppression. To suppress must mean to prevol
aud not to license or sustain tho act to ho SUI
pressed It would bo confusion OF terms
agod and protected, 'llcensod aud encourage
When the Leglalaturo conferred tho power
suppres8 those groceries whore liquor was sol
orto regulate, Ifcenae, and restrain tho same
the city would wholly prohibit it's sale or Icon
md rogulnto the traffic. Without tho Comm
Council choose to do 10, thero is no power slit
Of Legislative enactment that can compel t
grant Of authority to sell such liquors.
EFFEoIa OF HELLlNG LIQUOR.
In tho interest Of good government, Of go
morals Of good order, mud the prevention
crime, naiserY. want and thousand Ills atteu
ing R,ich traffic, tho Legislature haa vested Il