St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-27
MURPHY'S LICENSE.
The Revocation at the. Instiga-
ton of the Mayor Held to
Be Illegal.
Judge Twohy in Doubt, and Takes
Time to Weigh the Evidence
Presented.

i ne examination or Il. IL. Murphy,
charged with selling liquor without
license, was resumed in the police court
yesterday afternoon. Assemblymen
DAILY and Reardon, two members of the
license committee which ordered the rev.
OcatiOn of the license, testified as to
the proceedings before the committee.
The point brought out on crOSS-eXamina-
ton was that the witnesses examined by
the committee were not sworn, as pro-
vded by law.
The evidence adduced at the hearing
of the case proves cOncluSively that the
revocation of Murphy'S license was
clearly illegal, III that the provisions of
the law were not followed. The mayor
wrote communication to the assembly,
informing that body his order about
closing wine rooms and stalls in saloons
was not Obeyed by Murphy, and sug-
costing an investigation looking to the
revocation of his license. The records
of the city clerks Office showed
that the communication was re-
ferred to the assembly commit
tee on license for investigations
The next official record of the matter
was when the report Of the chairman OF
the license committee from the board of
aldermen was submitted to that body,
and resolution introduced ordering
the license revoked and cancelled. This
resolution was referred TO the corpora
ton attorney. with instructions to re-
port if the evidence alleged to be taken
before the license committee was Suf-
ficint to warrant such proceeding in
legal way. Without waiting for re-
port from this official the aldermen re-
considered the vote by which it was so
referred, and passed the order OF rtyO-
cation. The assembly also passed the
resolution, and the mayor approved the
action. After the resolution had been
published Murphy still kept his saloon
open. and the charge made against him
was for selling Il glass OF liquor to the
license Inspector. who was sent there
for the purpose OF purchasing drink
The attorneys of tile defendant argued
that. while the legislature gave the
council or committee from the council
quasi judicial powers in the revocation
of licenses, the same law also provided
the manner i'll which they were to pro-
coed. AS the proceedings had not been
held under the law, the action was void,
and no revocation had legally been
made.
The point was also raised that, when
the board of aldermen recOnSidered the
vote by which the resolution was re-
called from the hands of the corporation
attorney, only six members of that body
voted for reconsideration. The rules
of the body provide that no matter can
be recOnsidered, except by twO-third
vote of the members-elect, and conse-
quently all subsequent legislation on
the resolution was void.
The county attorney, in presenting
his side of the case, argued that the
court had no right TO go into the legal
question of what the committee on
license did, but should simply take no
tice of the face Of the records, anu these
showed that the license had been re-
vOked and that after the license had
been revoked Murphy had sold liquor.
Judge TWOhy, after hearing the argu-
mentS, said there was no doubt but
that. under the law, the council had the
right to revoke license. The rules
laid down under which the proceedings
were to be carried on were also given.
The report of the committee, he
thought, should show that all Offeuse
had been committed. There was moth
ing in the report of the committee or
the council to show that Murphy had
committed any offense. The state had
argued the court had no right to look
into the proceedings of the council to
see if the requirements of the law had
DOCH CoihPliCu Wleus no uC tlCWCo luc
question, he could not arrive at any
conclusion unless this part OF the pro-
ceedingS were considered. The attor-
neyS for defendant had introduced the
license and proven it had been legally
issued. The state claimed it had been
revoked legally. 1t was necessary.
under the circumstances, for him to eX-
anime the evidence to see if it had been
revoked legally. He did not care to
move in an arbitrary manner, and would
take the matter under advisement until
he could render an Intelligent opinion,
after reviewing the records and evil
dence. With this view he would con-
tinue the case until Tuesday afternoon,
when he would decide the matter,
Disappointment.
Many for politicians; none for "Plym-
outh" patrons.