St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-12
NEW MODE OF PROCEDURE

@StoAOiisucu W SOUrt
With itegard to Licenses.
The order of the supreme court stay
ing further proceedings in the munic-
ipal court as to the revocation of liquor
Licenses, as handed down Thursday in
the cases of Larson and Robitshek, was
received with loud acclaims by the deal
ers in Minneapolis who were in danger
Of having their licenses revoked.
Asked as to the effect of the order.
Judge MahOney said:
Gases of this kind will simply remain
in statu quo in our court, after a second
conviction under this ordinance on an
appeal 10 The supreme court, until such
time as the higher court shall have
passed upon it. We are thus restrained
from passing sentence and reyOking
license at once upon finding a second
conviction, MS tie charter provision
requires we shall do. This order es-
tabllsheS d mode of procedure which
we shall observe in all future cases OF
this kind"
Assistant City Attorney Purdy x
pressed his views as fOllnwS:
This Order, in my opinion, does not
affect the validity of the ordinance in
any way, although for the time being
it delays its operation. l do not know
as 1t can be considered any more than
just, for the court could not give a mar
back his llceI.se after once taking it
away in case the higher court should
determine that the conviction and the
revocation of the license had been uli-
just. The defendant has the right of
appeal. which We cannot take away
from him.
"Of course this will make 1T harder to
enforce the forfeiture of a license upon
second conviction. Out still it could be
done in some cases where the offense Is
committed early in the year" lue
When asked as to whether it was nee
essary that the first and second 0tfelses
should both be committed within the
term covered bv one license fee in order
that the license should he forfeited, he
said: LHa
THAT is a point that has not vet been
passed upon by the court. There was a
paSe i'll which a SaiOOnkeeper had been
previously convicted While doing bust.
ness under another lice nse, and for that
reason | moved that it be treated as a
frs. otfense. The court granted my.
motion, but did not pass upon that
point. As a matter of fact, a man has
no right to a renewal of his license
within a year after he has been sven
OiSC COllSlCtCus 1IC CLuIttI pTOtISiOnt
expressly torbidS the council to- issaa "a
license to any person who has within
the period of one year been convicted
OF a violation Of its requirements; but
this has been done, however, in some
cases. | presume through q mistake"
C. W. Purple, the present leader of
the crusaders, said: q
"Oh, 1t doesn't worry us a great deal,
and will not cause any difference III our
movements. This order is not final. you
know, and only pertains to the cases
HOW pending in the supreme court.
Beside the cases OF Larson and Roblt-
sheK, in which this order was issued,
there are those of Swan Youngren,
Thomas O'COnnor and John Bauman,
which have been appealed and will be
heard June Is. The only other case in
which a econd otfense is charged is
that Of II. A. Richter, which Is being
tried ill this court this MOI ming.
Il do not attach any particular signif-i
canoe to this action of the supreme!
court. as 1t simply grants a stay OF pro-,
ceedings On Il motion of the defenset
which was not contested by the state.
1t will make no difference in what we,
propose to dc. We shall probably not
bring any more cases for the p~resent,as
most OF the licenses expire July l any
way, and it would hardly be worth
while to have them revoked anyway"