The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1891-04-16


An Open I-ette.
To THE TEMPERANCE PEOPLE OF SAUL
/ CENTRE:
1t was known that a petition was sign
ed by sixteen of the principal bushes.
men of Sank Centre, and filed in the city
clerks office, asking the city council te
| insert in the notice for election that the
question OF license or no license" will b<
voted on. The question of legality was
raised by the board. The board ordered
the clerk to write to the attorney gen,
eral for his decision on the question
Learning of the action of the board,
wrote to the attorney general the fol
lowing:
SAUE CENTRE, Mar. "a, 1891.
Moses E. Clapp, Atty. Gen., St. Paul
MINI.
DEAR SIR:
ask for information on the subject Of
local option of the liquor traffic.
The temperance voters of Sank Centre
wish to vote to prohibit the issuing Of
license for the sale of intoxicating liquors
as beverage.
A petition has been fled in the city re-
corder's Office in compliance with Chap.
las, Sec. 4s, of Gen. Laws of 1885, which
does not include incorporated cities. We
find no law making special provision for
local option in cities, only by city ordi-
nance.
The charter of the City of Sank Centre
makes no provision for an ordinance for
local option, but says, Provided
shall be governed by the laws in force
in this state (City Charter e. 4, Sec. 81
We wish your decision on this question
as to whether Sank Centre has a right
to vote of the local option question. un.
der any provision of law, and if so what
law? Yours truly,
H. H. VELIE,
By order Temperance committee.
Inc lOHOWluS Is MS answer:
ST.. PAUL, Mar. 25th, 1891.
H. H. Velie, Sank Centre, MINI.
DEAR SIR:
Your favor of the oath inst. is received.
1 know Of no propision of law which
authorizes city to vote upon local op-
ton unless such provision is in the char
ter. The general village law makes pro,
vision applicable to all villages incorpor-
ated under that law, bat it would not
apply to cities. The proviso found in
chapter 8 of section 8 simply prohibits
the council from making any ordinance
repugnant to the constitution and laws
of the United States or of this state. AS
the law stands now, am inclined to
think your only relief is by an election Of
men whom you know will not issue a
license. am,
Very truly yours,
Moses E. CLAPP.
This letter was not mailed until the
31st, seven days after it was written,
and received it April LIST, at noon.
The evening previous mailed a letter
to H. H. Hart, Sec. board of correction
and charities, asking him to see the at
torney general. 1 received an answer
from Mr.. Hart the next day. The fol.
lowing is the second letter from the at
torney general:
ST. PAUL, April Sd, 1891.
H. H. Velie, Sank Centre, MINI.
DEAR SIR:
Your communication addressed to Mr..
Hart and by him referred to this Office
has been considered. During the session
of the Legislature it is almost impossible
to keep up with my correspondence,
which accounts for the delay in answer,
ing your first letter. The answer, how.
ever, has doubtless been received before
this time. My opinion is that your char.
ter does not provide for voting upon tine
question, license or no license; but in ans.
wer to the inquiry which assume to be
from one of the city officers, suggested
that there could be no improperly in al.
lowing the people to vote upon the ques-
ton, then, if my views were erroneous
they would have the benefit oftheir vote
do this the more readily as the law
does not give me any jurisdiction in mat.
tiers of this kind, and an expression ofmy
views as to your rights under your char
ter would be no more than the views Of
any other lawyer. can see no harm in
letting the people vote if they desire ia
upon the question. and giving them such
benefits as would result from such a
vote. / am,
Yours truly,
MOSES E. CLAPP.
This was mailed the 10th, seven day.
after it was written, and received The
18th. The delay was evidently made by
the generals clerk. =
The reader can draw his own conclu
sion in regard to the delay. and why thu
privilege OF voting on license or no licens,
was denied the people.
make these explanations to correct
various rumors that are aflo at, that tn,
matter may be correctly understood.
Hezekiah Butterworth, OF the Youth:
Companion, and author of the famous
Gig Tag Journey" books, is preparing {
volume to add to his interesting series
from material gathered on trip over tn
Great Northern Railway, through Min
nesota, North Dakota and Montana
during the summer of 1890. He think
the Park Region of Minnesota is one o
the most delightful sections of Americ;
for summer outing.
Excursion to Maryland.