The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1904-03-04
IS. II Legal
TO Vote on Question Of License
and No. License this Year.

2 The question, will it be legal tc
vote on the license question this
year or not, has been discussed con.
siderable during the past few days.
The law permits the result of van
election to remain until voted on
again. No license winning last
year, it became necessary for the
high license party to prepare ana
present petition, requesting this
question be gu omitted to, the people
| in order that it might be voted on
again. this year.
The petition was filed in the will
age Office Feb. gath. =, Tue village
charter says it shall be filed twenty
days before election, this the high
license faction claimed to have done.
The no license faction, claim it
should have been filed 20 days be-
fore the date of election, and, ,exclus-
i've Of the day Of filing and the day
of election. The Oath only permits
the excluding of one day, as count
ing in filing date and election day,
makes 21 days. The no license fac
ton also claim. the petition was not
filed with the Recorder as prescrib-
ed by the Charter, but with the
Clerk, whom. the Recurder has uev-
or authorized or deputized, to trans
act any business, for him. The
office of village clerk, was created
by the present council, while, here
tofore, the Recorder, ,deputized a per-
son, to represent him and perform
all duties connected with the village
office. The recorder, not being re-
ouired to he in the room known az
the village Office, was not presented
with the petition until the evening
of Feb. 26th and had no official not
ice until that time, and, at that time,
only became officially cognizant~ OF
the petition by going there TO- at ct
! tend his duties at Il regular meeting
E,sf the council. s 'sss.ss5:.s
The high license party claim the
filing with the clerk was proper and
sufficient and further claim, THAI
only the petition can be presented
with in Is days of an election, bas
ing the assertion on the laws OF
1898. But this law only applies t.
certain villages, aud we are inform
ed this law specifically refers to the
villages affected. The same act also
only requires ten signatures to the
petition and fixes the license fee al
$500. We are also informed tha
the Supreme Court has ruled on thii
question supporting the above state
ment.~
Counsel has been had on the mat
ter and advises that the license
question cannot legally come before
the voters this spring. A wei
known attorney who is good auth
o1ity on law has been heard to re
mark that it was unfortunate tnat
such a situation existed.
! Recorder Clark interviewed Judge
Brown, who advised him to follow
the advice OF the Village Attorney
Mr.. Brown, owing to his Judieia
position could not very we'll give
counsel in the matter.
But the advice was good, and Mr.
Clark following the advice of Will
age Attorney cannot be criticised
for the action he takes in publishing
the notice Of election with or with
out the no license question therein
This has aslo opened another
question, in the rlind OF those no
posted on legal matters, as to wheth
er chattel mortgages recorded by
clerk appointed as the present ont
has been, are properly recorded
The above subjects are some tha
reveals the -incompleteness Of ou
present village charter. ~ ~v
Further, as to the license ques
ii IN, if the question is voted on ant
is illegal what will be the results. !
license carries and a saloon -keepe
opens for business, and then the il
legality is ascertained where will
it leave him. 49,.
il a'=- ---------------- - 80
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