Mexico weekly ledger., 1879-08-28
The City Of Mexico and Dram
sheps,

as IL SeeInS 70 US, Will tenQ TO marx
clearly the line of duty of our city
Legislature in regard thereto.
Tie definition of d%ramshops, the
power to create them, the methods in
pursuance of which they may be Gre
ated and for what causes they may be
destroyed, as well as the definition of
Intoxicating liquors, have all been
made and provided for by the general
dramshop law of the State. BY this
law the county court alone has power
to create dramshops throughout Au-
drain county, as we'll arithin as mithOut
the city Of Mexico, unless by some
statute the city has been exempted
from its operation or, in other words,
unless as to so much of the territory
of Audrain county as is comprised
within the corporate limits ofthe city
the dramshop law has been suspended
OF repealed.
AS to the city, its charter does not
attempt to repeal or suspend the
dramshop law in terms, nor is there
any such antagonism between the
charter and that law as to make the
two Inconsistent, and hence no repeal
of it has occurred, by implication.
The charter and the dramshop law
can we'll stand together, and hence
over the cooperate limits both are in
force, and must be taken as if but
one enactment and construed to-
gether; so, understanding the mat
ter, the relation of the city to the
liquor traffic can be safely and clearly
defined.
According to the methods and up
on the conditions mentioned in the
dramshop law, the county court has
exclusive power to create dramshops
within the city Of Mexico, and when
that court exercises this power, then
within the city, there is a dram
shop as an existing institution city
and subject to the jurisdiction
and control of its council, according
to the grant of power given to it by
the city charter, but not other wise.
1t must be remembered that the CT
ty council Is no power over any mat
ter except sucr b"-d in the manner as,
MAY be given to irhn the charter UNI
der which the city , LontIS existence
Where the charter lis rs to the city
government is withouTlth de- and ju'
risdiction. The charter r'ilal'o the
city council no poocer to 'wo Ent OIL
suppress the sale of Ine harine
liquors within the city it 5'ton 5" Tho
city council no jurisdiction uier the
matter of liquors at ali; it gives t.
the council no power to create
dTaaashop, or to bring one into exist
ence; ell the charter attempts to d(
is to give to the council the power t.
''license, regulate or tax a dramshop'
found within the city-iust as it may
license, regulate or tax a circus o
m~enagerie found within its jurisdic'
ton. The power to license a dram
, shop is no more a power to create on
than the power to license a menage
RE gives to the city the power to or
qanize and establish one.
The power of the city council il
this regard is found in Sec. ), Art.
of the charter: 1.-The city counci
shall have power to license, Teg"ldt
or tax dramshOps, wine or beer sa
looms, liquor saloons and tipplin!
houses, theatrical exhibitions for pay
, eircuScs, mcnageries or other eXhlbl
tons or shows, &c. &c, as said Cit
council may provide by ordnance
So if within the city there shall b.
found a dramshop, as defined an'
created by the dramshop law, within
: the city limits, the council may Ii
) cense or tax it and otherwise regulat
t it to license 1t AS found in this con
. nection, does not mean to create, bu
is only 4 method to derive a revenu
r from the dramshop and its bushes
n for the benefit of the city. To deriv
a revenue to the city by the methot
Of a license, required a grant of powe
in the charter. The council can tn,
the dramshop either in the shape of
license or in any other method, bu
cannot do both-and for such a Ii
= cense can tax and charge a redsond6i
r fee.
e While the city has no power T.
t create a dramshop within its limits
it is equally demonstrable that it ha
no power, directly Or indirectly, t
prohibit OF suppress one already /
existence. 1t has no power to und
what the county court may hav
' done; nor to deprive the holder of
dramshop license, issued by the coun
ty court, from the reasonable enjoy
ment of his property rights create'
d by such license. The power grantet
!. to the city council is te regulate
d to regulate is not to destroy. WheI
this section of the charter was en-
|. acted, the Legislature used the wore
e ''regulate," designedly and in tn
light of the judicial interpretatio,
given to it, when found IN a cit
: charter as a grant of power, as founC
in the cas- of the State VS.. Clark, 5.
Mo. Rep. page IS, ct seq. In thi
' case the supreme court says: eth
. meaning of the word regulate ha