Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1882-10-06
The Lawyers Opinion.

The Lawyers Opinion.
There being considerable difference of
opinion in regard to the legality Of the
course our village authorities have just
taken in regard to Mr.. Elmer's show, the
Alert delegated its short hand reporter this
afternoon to call upon the different attor-
neys of the place and get an expression
Of their views upon the subject, to the
end that the public may be able to judge
intelligently.
j. c NICkEUs.
Reporter Nickeus, as there IS
considerable feeling and talk among the
the town people over the proceedings of
the village board in relation TO the closing
of EImer's theater, the Alert proposes to
interview the bar of jamestown, and also
a portion of the most prominent business
men on the subject, and the Alert calls
upon you for candid statement of your
opinion as citizen and as all attorney.
Mr.. Nlckeus.-"Elmcr's variety thcatcr
may be a nuisance, and it may not be best
that VIC have such all institution in tho
town, but about these two questions |
have nothing to say. But it is a fact that
he has paid his license to carry on what
has been lcgallzed by law, and it is Unfair,
and tcyond the power of the village
board, to declare that institution a nui-
sancc. That fact must be ascertaincd by
trial by jury. And in any case the viii
lagc authorities have no right to adjudi-
cate the matter. A notice TO Elmer to
close his institution, from the village au
thoritics, amounts to nothing. If they
want to close 1t they must do it on all in
functional order issued by the judge Of
the third judicial court. And in no case
do believe that even if they had the
power to abatc that as nuisance, would
they have the power to revoke Elmcr's
license, granted by the county commls-
sloners, to sell liquor. That IS a right
paramount to the village board. | look
upon the matter of issuing license
granted by the village authorities as not
discretionary with them. When al APP
plicant applies to the village authorities
for permission to sell liquor, the only
question they can ask is whether tho
license has been granted by the county
commissioners and proper bonds filed.
They cannot inquire whether applicant is
a fit man, or whether it is cxpcd;cnt OF
not. that question having been settled be-
forchand by the board of county commits
sioners, and III no event could they re-
woke his legal license even if they should
revoke his license to carry on his show or
theater.''
ATTORNEY MARSH.
Rep.-Mr. Marsh the Alert would
like to know your opinion as to
the proceedings against Mr.. Elmer and
also what you believe to be the proper
course to be taken in the matter.
Mr. Marsh.--It seems to me tho attempt
to close Elmers variety show is to say the
least premature. Elmer has been granted
two or more licenses, one to sell liquors
and one to exhibit variety show. Now
as understand the law when a license is
once granted, it cannot be revoked unless
some law under which it was issued has
been violated or the condition of the bond
whichthe law provides, and which must be
given before the license can issue, has been
broken. If Elmer has broken any statut-
ary law governing This matter or the con-
ditions of his bond, then upon proper
complaint a warrant may issue against
him which would bring him before some
court having jurisdiction of the case and
where fair and impartial trial may be
had. The Office of municipality have no
legal power to revoke a license once
granted by them without first giving the
:. party complained of an opportunity to
appear before tho proper tribunal, and
defend tho charges made against him in
the complaint. Were it otherwise it
would be an cx-partc proceeding, and
great injustice might be worked,
Il Kcp.-What is your opinion Mr.. Marsh
regarding the general influence variety
show would naturally have upon COM
munity!'
| Mr.. Marsh.-It maybe that variety
show properly conducted would not dc
moralizc the ordinary western town.
There is always a demand for some kind
of amusemcnts. That demand will III
some way be supplied. Well conducted
variety shows are tolerated l believe al
over this country.
W. Z. DODGE
Who was corncred jnst as he was get
ting on the west bound train said:
81 think they have made this an ex-
ccpt,onal case The license when II Is
paid for and they received the consldcra'
ton for it, was personal property, and the
revoking of it is contiscation OF personal
property. When license is once grant
!, cd aud paid for, don't understand that II
can be revoked excepting some condition
is violated. 1t would be necessary then
! in order to close Mr.. Elmer's establish
: ment 10 get AL order from th'
Judge OF tle Third Jud lcla
district. 1t canlpt tc closed un
l til the order has been issued for linn Il
G show causc::why 1t should not be close'
: as a nuisance. They must allcsc unde
y affidavit that he has violated some condi
x;a.~ oS tt, i;.ouea ,pi the iirruSa has