The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-11-22
CITY POWERLESS
TO INFLlcT PUNISHMENT.
Cannot Fine SalOOnkeepers Who Re-
fuse TO Pny Lfanor Lfcense.

The city of Savannah is without
power to punish any saloon keeper who
refuses to pay the special liquor tax re-
quired by ordinance. This fact became
apparent yesterday morning in Police
Court in a case against H. H. Nichols,
proprietor of a bar at Wayne and JEFF
ferson streets.
Nichols was docketed by Deputy
City Marshal Hussey and the point
was made by the defendants counsel.
7. L. Hill. Esq, that the city has no
Jurisdiction and under the law cannot
punish. The case was continued and
a conference at the City Exchange fol-
lowed at which Mayor Myers and City
Attorney Garard were present.
At about the same time two citizens
called on the Mayor and entered for
NAL complaint against Nichols place,
charging that it was a nuisance. The
proprietor was communicated with
and the Mayor stated, promised to
close up. The city marshal was in
structed to take charge of the place
himself If Nichols refused to shut
tpNus A HIS, however NlAQ not us
pose of the question that had been
raised and it was shown that there
will have TO be a special enactment of
the Legislature giving the city the
right to punish. -..'
AS the matter now stands the city
has no power to fine for not paying
a liquor license, although the person
failing to pay the amount required
is guilty of a misdemeanor and sub
10 A L.,
giving cities the right to punish those
who might refuse to pay the liquor
license would cover the point and
something will be done during the
present session of the Legislature The
necessity of such an act is apparent
and it is probable that a measure will
be drawn up by the City Attorney
at the request of the Mayor.
The Supreme Court has said that:
"A municipal corporation can not, in
the absence of express Legislative au-
thorlty so to do, enact Il valid ordi-
mace for the punishment of an act
which constitutes an offense against
a penal statute of thu state, such au-
thority can not be inferred from the
general welfare clause usually found
in municipal charters"
In the case of Moran against the
city of Atlanta the Supreme Court
passed clearly upon the point raised
by counsel for Nichols yesterday, and
the head note quoted below shows
clearly that Especial act must be pass
ed giving the city the right to punish
FOR such violations. The Supreme Court
opinion is:
A section in the charter of a city de-
claring that the Mayor and general
council thereof shall have full power
and authority to regulate the retail of
ardent spirits within the corporate
limits of said city, and at their dis
erection to issue license to retail. or
withhold the same, and to fix the price
to be paid for license at any sum they
may think proper, not exceeding 81
600, does not confer upon the munich
pal authorities the power to enact an
ordnance prohibiting and making
penal the retailing of such liquors
without license. the offense therein
provided for being a misdemeanor I'M
der Section 4S1 of the Penal Code.
The last sentence in that section.
which reads, mo person shall be liza
BILE to indictment in the Superior
Courts for violation of this section.
when he has been tried by the corpor-
ate authorities for the same offense."
has application only in cases where
such corporate authorities have lawful
jurisdiction over the offense.