St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-14
City Attorney Russell Says
the Aldermanie Fifteen
Acted Illegally.
Other Lawyers Hold That the
Amendment Adopted Is
Unconstitutional.
Politieal Pointers Gathered
From the Battle of Fri
day Night.
One Of DR.. Keeley's Patients
Dangerously III in Min
neapolis.

SdpOIIS.
The old city hall fairly rang yesterday
with the reverberant echoes of the
council meeting of the night before.
On all sides nothing could be heard but
comments upon the action of the city
dads upon the Sunday liquor question.
In fact, all over the city this was the one
topic or conversation. and many were
the phases of this question discussed.
One little group could be heard herating
Aid. Woodward, FarnSWorth, Biiehtelt,
Hunter and Durham for falling in line
with the Democrats. swearing eternal
vengeance and predicting for them utter
political annihilatiOn for selling out"
as it was generally termed, while few
feet away others discussed the action
of the Republicans and Chair
man Lowell in shutting off the
ayes and nays on the motion
to adjourn or the flank movement of the
solid fifteen in electing Aid. HAYNES to
the chair and adopting the ordinance in
spite of the departure of the objecting
Republicans. Others devoted their at
tention to the legal side OF the question
and asserted that the ordinance as
amended was grossly inconsistent with
the charter Of the city and tie constitu-
ton of the state, and could not be made
TO stand. or that the action of the ''fif-
teen" was not legal. as the meeting had
already been declared adjourned.
The ordinance, which for lack of
space could not be printed yesterday,
Is printed herewith. The old liquor or
dinance comprises seventeen sections,
all OF which are left as they were eX-
cepting the ninth and twelfth.
The ordinance. as 1t now stands. after
amendment Friday night, is as follows,
tae amended sections only being
printed.
Section /. That sections and 70 of an
ordinance entitled an ordinance to license
aud regulate all persons vending dealing in
or dlSpOSing or splrituuUs vinGuS, fermented
or malt liquors, and repeal Crdinanse regu-
latng the same passed March % 1889 and
hereby amended so as to read as follows:
Sec. 9. That every saloon and The bsr of
every tavern, inn and other place where liq-
uors are sold by the glass or drink shall be
closed and kept closed during the whole of
every Sunday and every day of Il general
Etate or city election and during the time of
any riot or disturbance, and no person shall
sell any splrituouS, vlnouS, fermented or
malt liquors or beverages within the limits of
raid city on any Sunday or any day of gen.
erai state or city election before the closing
of the polls nor at any time sell or give
away any such liquors or beverages to any
minor or habltual drunkard, nor permit any
gambling or games OF chance for money or
anything Of value or any representative of
anything of value to be practiced or carried
on at any time or in any room or place in
any building wherein any kind of liquor is
retaled or sold by him which may be &C.
cupied. rented or under his control. No such
licensed liquor dealer shall procure. suffer or
allow any common prostitute. male or fe
male, Of evil name or fame or of immodest,
immoral, lewd or lascivious conduct or be-
haviOr or OF dishonest conversation, to visit.
resort to, frequent, remain in or be employed
III his or ner saloon. barroom or in any place
wherein any kind of liquor is retailed by him
or her. No licensed liquor dealer shall sell.
dispose of or permit to be sold. disposed of
drunk upon his premises any liquor of any
kind, between the hour of L o'clock mid
night and the hour OF O'Clock in the morn
Ing.
But no prosecution shall be commenced
fer auy violation of this section or any pro
vision thereof except upon complaint of q
police officer of said city;
See. u. Every license granted under the
provisions of this ordinance shall be issued
upOn the distinct understanding that such
licenses may be revoked by the mayor or by
the city council of said city at any time and
by the court upon the conviction of the
holder thereof of violation of This ordinance
under provisions OF section IL thereof. or
wherever such revocation NAV be author
lied or required ~ the laws of this
Etate and in case OF revocation thereof by the
mayor or city council or by the court. then
L-C Clll Si4tlI ID tie uO!Q6r UlcTeOl q
sum of money proportional to the amount of
the sum paid for such license for the unex-
pred term thereof.
This section Of the ordinance formerly
read: a sum of money proportional TO one
half the amount of the sum paid for such
license, for the uneXp ired term thereof but
In case of revocation thereof by order of the
court. then the whole amount shall be for
ieited.
Sec .. All ordinances and parts OF ordi-
nances conflicting with the provisions of this
ordinance are hereby repealed
Sec. ). This ordinance shall take effect
and be In force from and after its publica-
ZION.
City Attorney Russell was asked yes
terday to give his opinion as to the
legality OF the action of the fifteen"
He did SO as follows:
Il think that the action was irregular
and illegal in several respects, and that
the alleged ordinance will not hold
80 begin with, motion was made to
reconsider the third section of the ordi-
nance, and this motion was followed by
one to lay it on the table. This second
motion carried, and, under rule 10 of the
city council, carried with it the entire
question, including all that related to it
and all subsidiary matter whatsoever.
Then, again, The motion to adjourn
vas regularly put and carried. and the
result was announced by the president
protein. before any objection had been
InterpOSed. The rules of the council pro-
vide that three members must demand
that the ayes and nays be taken before
the announcement of a vote. in order to
make such action compulsory. So you
see that the council was regularly ad-
jOurned, and even majority of its
members could not hold a legal meet
Ing without regular call.
." Therefore | say that the ordinance
was not passed last night
Upon being asked as TO the constitu-
tlonality of the ordinance in case it had
been regularly passed, Mr. Russell said:
Il am not yet prepared to give a
formal opinion on that matter, as have
not yet looked it up; but hardly think
that an ordinance which deprives the
citizen of his right 10 enter complaint in
a general otfenSe, such as the sale of
liquor on Sunday. can be reconciled to
tie charter or the constitutions
AS to the further disposition of the
records of the meeting he said:
The proceedings will be sent by the
city clerk to President Potter, who will
attach his signature to these measures
which were adopted while he was in
the chair. The balance will then 90 to
Aid. Haynes, who will sign them as
chairman pro tem., and all will then be
taken to the mayor. 1t remains to be
seen what he Will do with this alleged
ordnance"
Mayor Winston was found in his
office late yesterday afternoon. AL
though pleasant and affable, he was
nOn-cOmmittal, as usual. Upon being
asked what he proposed to do with the
new liquor ordinance, he said:
- haven't the faintest idea yet What