The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1898-12-28
MANDHMUS Il FIXTURE.
JUDGE Webber OuaShes the Aiterna.
tive Writ Against the
City Recorder.
Holds that Local Option Law Does
Not Apply to Redwood
Falls.
A New Enactment Will be Needed
Before the Proposition
Can be Voted On.

No local option law applies to the
city of Redwood Falls, and the ques-
ton of ''license" or ''no license"
will not be voted upon directly at
the city election to be held next
Tuesday, Jan. Sd.
Such is the decision of Judge
Webber in the case of w. S. South
wick, as relator, VS.. George L.
Evans, city recorder, respondent,
in which an alternative writ of man
damus was issued by Judge Webber
compelling Mr.. Evans to receive the
petition of the no-license people of
this city and to place the PROPOSE
tion on the official ballot, or show
cause why he refuses to do so.
It will be remembered that on
Friday, Dec. 10th, petition was
presented to Mr.. Evans on the
afternoon of that day, asking him to
place the license proposition on the
official ballot. This petition was in
proper form and was signed by 40
or more legal voters of Redwood
Falls. Mr.. Evans refused to accept
the same on the ground that the
time for filing such petition had
expired, the law requiring the same
to be filed at least 20 days before
the election. Mr.. Evans was then
acting under the provisions of Sec.
l, chapter 16, general statutes of
1894, which applies to townships.
The no-license people contended
that Mr.. Evans was in the wrong,
and that he should act under a law,
nearly special, in it's character,
applying to towns desiring to in
corporate as villages under that act,
which provides that in order to vote
on the question of local option the
petition must be on file at least Is
days before the election.
Immediately upon Mr.. Evans re-
fusal to receive the no-license peti-
tion the representatives of the lat
ter interests engaged E. E. Har-
riott as counsel, and that attorney,
with W. S. Southwick as relator,
drew up the papers on which he
asked for the alternative writ of man
| damus mentioned above. AS stated
last week, Judge Webber signed
this alternative writ on Tuesday,
and it reached here Tuesday after
noon, shortly after 4 o'clock. It
was passed up to the clerk of court
for his formal signature, and was
shortly after served on the city re-
corder. This alternative writ was
made returnable in chambers at
New Ulm, at 3 o clock on the follow
ing Thursday.
A. G. Dolliff was engaged as at
torney for the city recorder, while
the Hon. Jos. Chadderdon was made
counsel for Mr.. Dolliff. On Thurs
day afternoon the three attorneys,
with Mr.. Evans went to New Ulm.
Mr.. Chadderdon, on behalf of the
respondent, moved to quash the
writ on the following grounds: 1st,
that the local option law did not
apply to cities Of Minnesota, and I'd,
if such law applied, notice of 20
days to the citv recorder was re-
quired under section l, chapter 16,
general statutes of 1894. Mr.. Har-
riott opposed the motion at length,
constituting the village option law
to apply to cities, even though by
indirect implication. Messrs. Dol
lift and Chadderdon cited cases in
support of their motion, and at the
conclusion of these oral arguments,
Judge Webber announced his deci-
sion to the effect that the cities of
Minnesota, having charters similar
to the one granted this city by the
legislature, were not subject to
either of the local option laws now
in force in the State In substance
Judge Webber said:
''I think that the motion to quash
will have to be granted. I have
been unable to find any statute
i -l:el. lelle 4Io4 4lo loool