The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-03-03
TOOK AWAY HIS LICENSE.
The Mayor Exercises His Authority
In the Case Of John Carr.

Carr's Liquor License Revoked on
Account Of Hia Repeated Violations
of the Law-The Authority Under
Which the Mayor Acted-A Fight to
Be Made Before the Council to Re-
verse the Mayors Action.
The license of John Carr, saloon keeper
at Bay and Habersham streets, was re-
voked yesterday by Mayor McDonough.
Carr was fined 5000 by Recorder Wilson
last week for having his saloon open and
selling liquor Sunday, Feb. IS. The case
was appealed to council, but on the ad-
vice of friends Carr reconsidered and paid
the fine, which the mayor reduced to 500
Out of the case of Feb. IS grew another
case against him for selling liquor at his
place on Sunday, Feb. II, on which Carr
was fined 500 by the recorder. This case
was appealed to council, and was heard at
the meeting of that body Wednesday
night The council sustained the record
er's decision, but reduced the fine
to S25. The reason given for the
reduction was that Carr had
contributed literally to the city's officers
of late for violations of the Sunday law,
and in consideration of this it was de-
cided to give him discount. This action
of council does not appear TO have met
with Mayor McDonOugh's approval,
though he said nothing at the time.
THE MAYOR ACTS.
Something of a sensation was created
yesterday morning when it was an
nounced that the mayor had revoked
Carr S license. This is a now move on
the part of the mayor, and it is the first
time he has exercised this power since he
has been in Office. The mayor obtains his
authority for this action from the section
Of the tax ordinance, which provides that
a liquor license may, in the discretion of
the mayor, be forfeited for viola
ton of any state law or city ordi-
nance, and in the case of forfeiture
the license shall not be renewed for the
space of two years, except by the permits
sion Of council, This prOyiso was inserted
IN the tax ordinance several years ago
and has been continued with each success
sige ordinance since that time, so it did
not originate with Mayor McDOnOugh.
1t is probable that this clause has been
continued in the tax ordinance without
special intention, being simply overlooked
in the formation of the successive tax
ordinances. each of which is based upon
the preceding one.
TO FIGHT THE CASE.
A fight will be made to have the
mayors revocation of Mr.. Carrs
license overrued by council. 1t is
held that under the ordnance for
the regulation of saloons. passed
few months ago, which gives the council
the right 10 decide who shall and who
shall not be granted license, the power
of revocation rests with the council, and
that body has the right to oyerrule the
mayors decision in such a matter. This
may call for the decision of a nice legal
point by the city attorney.
T. S. Morgan, Jr., who is Carr's attor-
ney, will ask for an early meeting of the
council to decide upon the question. AT
present his client is debarred from doing
business, and will continue to be so de-
barred unless the council grants him per
mission to resume.
Mayor McDonough's reasons for de-
priving Carr OF his license were that the
latter persists in violating the Sunday
law in spite of repeated fines.