Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-02-12
SOLD LIQUOR TO CHILDREN.
POLICE BOARD ESTABLISHES PRE-
CEDENT IN FIGHTERS CASE.
His Application for n License Is Re-
fused-City Counselor Points Out
the Plain Duty of the Board
in Such Cases.

The board Of police commissioners yes
terday refused the application of Louis
Richter for a license to open a dramshop
at 1927 West Twenty-fourth street. Richter
was recently convicted in the criminal court
of selling liquor to minors. In more than
one instance s~aloonkeepers have admitted
to the board that they were guilty of SIM
liar offenses and In each case they were
permitted to go, with warning that upon
a second offense of that character their
licenses would be revoked. The only dis
tinction made in the Richter case was the
fact that he had been convicted of the Of
Tense in a court and had paid his fine.
At the last session of the board the fact
of Richter's conviction was called to its at
tention by Rev. DR.. Woodcock, and also
the law bearing upon such cases. This
was referred to City Counselor Middlebrook
for his opinion, and he yesterday filed the
following opinion, upon which the board
based its action:
ITO board of police commissioners. Sirs:
Responding to your letter of February 5th
with reference to section 1897, Revised Stat
utes 1889, asking what your authority Is
to grant a license to a party who has
been convicted in the criminal court Of
this county for selling liquor to minors and
running a pool table, 1 will state that I
see no ambiguity whatever in the law. 1t
seems to be very plain; hence I understand
that the only question you desire me to
answer is whether the board Of police COM
missioners is bound by it.
Il find that under the acts of the gen.
eral assembly of the state of Missouri. of
1874, creating the board of police commits
sicners in Kansas City (~section 81 among
the duties of the board are To see that
all avs relating to elections and to the
observance of Sunday ana relating to pawn
brokers, intemperance. lotteries and lottery
policies. Migrants, disorderly persons are
enforced; and suppress gambling and
bawdy houses. and every other manner and
kind t of d dhb 2 be ana oHense against law
Il lind that in 1875. by an act of the
general assembly. page 195. that this same
adding the following words to the last
clause thereof, put In BY way OF amend,
ment; to-wit: And see hat good order OF
aw creating the board and defining It's
duties. :.
seems that section s, article II. is "a literal
copy of the above mentioned state law
of 1915. SO that there is no conflict or
disagreement between the state law and
the city charter with reference to the du-
ties of the board.
TT further appears by section 81. article
II, of the charter, that whenever the board
or otherwise hat a dramshop keeper
keeps a resort for minors the board mas
power and authority to revoke the IL
cenSe.
1T would seem that under section 1897
and the other statutes and the charter pro-
vision herein quoted, that it is the evil
dent intention of the law, taken in its
entirety, both state statute and city char
ter, that if a dramshop keeper has been
convicted Of selling liquor to minors and
running a pool table against the provision
contained in section 1887, that neither tile
county court nor the board of police COM
mlssioners has any right to grant MIN a
license until two years from the time of
such is my opinion
The application of Andy Barner, to open
a saloon at 800 East Twelfth street, went
over to the next meeting at the request OF
parties who desired time in which to pro-
test.
The commission of Special Officer j. T.
WEIGH. who was charged with refusing to
pay his fare on the East side electric
road and raising a disturbance with con-
ductors and gripmen on February 2. was
The resignation of Patrolman T. B. Miller
was accepted to take effect at once, and
that of w. ]. Nichols to take effect March
1. This action was voluntary on the part
of both men. erf
The vacancies were filled by the selection
of NJ. ]. Halvey. q gripman on the Metro
politan street railway, and Albert J.. Ames
who was for some time in the employ of
the same company. Mr.. Con Holmes was
present and urged the appointment of the
men. Dramshop licenses were granted as
William NJ. Dunson, 1912 Union avenue;
Gillespie & McNiff, 1701 West Ninth; D.. ].
1873 Charlotte; Frank McReynoldS.
40 Westport avenue; Reilly & Dolly. go
East Twelfth: ]. H. Reed. 400 West Fifth:
pa & Johnson. 1890 West Ninth: C. W.
Wood, 1014 East Twelfth,