Mexico weekly ledger., 1879-08-28
CITY COUNCIL.
Last Monday Nights Meeting.

mlttee reported that they had not
been offered money to renew the loan
Of 81, 200, about to fall due, for less
than 8 per cent interest per annum
aud asked for further time. He said
that next year, when $1,000 would
be wanted, if the $4,000 could be
provided for until that time, there
would be greater inducements for
capitalists to invest at lower interest.
The mayor explained hat Mr.. Joel
Haden was willing to renew the loan
for a year, and on motion of MI.
Rodman he was authorized to enter
into such al arrangement with Mr..
Haden. Mr.. Gordon then reported
several accounts against the city
which were allowed.
Judge Forrist then asked leave,
which was granted, to present petit
tions for dram-shop licenses from
Messrs. Jacobson, Brandriff and Man
vile also a rather peculiar request
from DR.. McDearmon to be taxed, as
a druggist selling liquor. While on
his feet he would say that the state
laws contemplated protection of drug
stores in selling liquors. DR.. Nc
lOearmon denies the right of the city
to license druggists, but is prepared
to pay any legitimate tax in order
to carry on his business without veX-
alton to himself or the city.
Ir. Ed. Rlnes then applied for a
dram-shop license.
On motion of Mr.. Baker, seconded
by NJ. Gordon, these applications
we're received and filed.
Judge Forrist then said: The city
council has no power either to intro
duce or .orohibit dram-shops. 1t can
however recognize them when they
exist, and license, regulate or tax
them, as they recognize, license,
regulate and tax ~circuses, shows and
menageries, when they visit the city.
A city license is nothing but a re-
ceipt for money. The city cannot
pass q valid ordinance to prohibit
dram-shops any more than it can
make one to prohibit exhibitions.
The charter grants no power of that
sort in regard to either. Neither is
there any such authority in regard to
merchants and druggists. All may
be licensed, but cannot be prohibited.
The power to license is nothing ore
than power tn levy a tax. If it is
not granted, 81 much the better for
the dram-shOp keeper, Snowman,
merchant or druggist. Either may
proceed withoutit. A state license
granted by the county court is sutli-
cient for that. All discretion is vest
ed in the county court. When it Ii
. ccnses, it introduces the dram-shOp
and the city cannot resist. 1t is
powerless. The supreme court has
said that a license from the state is a
property-right, that can be neither
interfered with nor taken away.
Il. b. Buckner, city attorney, con-
i strued the supreme court decisions
! altogether differently from the Judge.
The charter c%onfers power over dram
y shops in the city, within certain limi-
e tations, and in certain localities and
blocks. Express power is granted
f to license and tax them. A state Ii
: cense cannot authorize q dram-shoI
keeper to proceed without a city Ii
cense. Dillon declares that a state
4 license does not justify selling liquor
without a municipal license.
Mr.. Gordon to Judge Forrist: /
;. a license is not necessary, il the city
has no right TO insist on it, then why
do you apply for it? Ioa threaten
L to proceed without it. Try that on
ii Judge Forrist: We don't pro
pose to do that if it can be avoided
l. We are willing to pay a fair city Ii
Is cense. We make a tender of it t
the city council.
lie Mr.. Buckley: We don't propos,
s, to create dram-shops.
Mr.. Rodman: Do / understand
) that these propositions are made a
r the old price, or at new prices! Doe
McDearmon's case require legislation
10 or is he willing to pay the same a
~ the balance?
Mayor: There is no p%ropositioI
=, before the council.
Mr.. Rodman moved, without
second, an adjourned term TO consid
er licenses, after obtaining more in
" formation.
an Mr.. Baker inquired if the partie
desired to come in under one thous
wv and dollar licenses. Does DR.. Nc
a. Dearmon want that sort? He is
druggist.
Of Mr.. Gordon: That don't ente
eft into the question at all. Let hif
take a dram-shop license L won
grant him any to sell whiskey
20 | would not grant anything but
dram-shop license.
Mayor: There is nothing befor
the house. Precious time is beln!
" consumed for nothing. AS member
exhibited desire to confer, the mayo
at announced q recess OF ten INMATES.
~ After recess, Mr.. Baker, seconde
by Mr.. Buckley, moved to lay th
IS applications for dram shop license
lie on the table until Monday night