Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-01-26
THE POWER OF THE CITY.
To Annul Liquor Licenses Clearly
Defined
In an Opinion by City Solicitor
Nesbitt, Read Before Bot b
Branches of Council, Last Even
ing-A Clear Exposition Of the
Situation.

The following opinion by City Solic-
itor Frank w. Nesbitt, upon the power
and authority of the city to revoke
and annul liquor licenses, was read
to both Branches of Council, last
evening, and was listened to by the
members with great interest. The mat
ter is of very considerable Importance
to the public at large
of Wheeling.
"Gentlemen:-Froma number of sources
the information has come to me that my
recent opinion in the matter of annul-
ment of liquor licenses has been misun-
derstood by some members of Council.
Il am informed that some members have
arrived at the conclusion that Council
cannot act through its Committee on Pc
titions and "Reminiscences in any matter
relating to liquor licenses. In order to
correct what seems to me an erroneous
impression, l beg to submit the following:
First. In the matter of granting of Ii
censes, Council has the power to proceed
in precisely the matter heretofore adopt
ed: that is, it may refer the subject 10
mittee's recommendation if it so chooses.
This refers to the action of Council on an
application for license.
Second In the matter of the annul-
ment of a license already in force, the
case rests upon an entirely different ba-
sis A city has no rights in regard to
licenses except such as given by stat
ute and when a city is specially made the
it has no power to annul unless it is made
an agent for that purpose also. Now the
city of Wheeling is made the agent of the
State in the granting of licenses and no
one is entitled to q license in the city
unless granted one; and, having no rights
in the matter, cannot compel the Council
to issue license. But, once having ac-
quired a license, and paid for it, the hold
er cannot be deprived of it by the city I'M
less the city is made the agent of the
State to do SO.
Now is the city of Wheeling made the
agent of the State to annul licenses? Yes.
But the law which makes the city such an
agent also prescribes the manner in which
the annuling shall be done, and unless it
is done in that manner, the State, through
it's agent. the city has not annulled the
license. In other words, there can be
no annulling by the city except in the
manner prescribed.
Now the statute prescribes that the
city may annul as follows. The
Council who authorized any license men
toned in the first section, may, for good
cause shown, revoke the same. upon pc
titon in writing of any inhabitant of the
city. But the person holding the
license must first have reasonable notice
of the proposed revocation, and the privi-
lege of being heard in person or by
COUNSEL
Now, in taking away a mans license,
which he has paid for, the statute must be
strictly followed
First. There must be a petition in
writing by some inhabtant of the city.
Second. Reasonable notice of the propos-
ed revocation must be served on the hold
er of the license, and under the law this
notice must be in writing. Third Good
cause must be shown to Council, and
Council cannot delegate this power to any
person or committee, but must hear the
evidence itself. This good cause might
most properly be shown by affidavit.
Fourth. The defendant must have oppor-
tunity to be heard in person or by attor-
ney. and this includes the right to file
counter affidavts in Council, and to argue
his case.
Now, unless all these requisites have
been carried out, the city has not eXecut-
ed its agency and no annullment could
result.
Finally ! repeat, in granting licenses
the Council may act on the recommended
ton of a committee; but in annulling IL
censes already granted ana paid for, no
committee be delegated the power to
hear the case, and Council must follow
the statute literally.
Il have submitted this paper, both in
justice to myself, since l have been mis-
construed, and in order to have a
thorough understanding Of the powers
and duties of Council in granting and an
nulling liquor licenses.
Respectfully submitted.
FRANK w. NESBITT
city Solicitor"