Los Angeles herald., 1905-12-13
MAY TRANSFER
LIQUOR LICENSE
POLICE COMMISSIONERS ARE
P0WERLESS
After Acrimonious Debate the "Solid
Three" Reconsider Former Action
and Allow Traffic in Saloon
Permits

The police commission has no author
ity to stop the traffic in saloon licenses
Such is the opinion Of Commissioner,
Gates, James and Mayor McAleer tn,
solid three" of the police commission
and acting on this opinion the com.
mission yesterday reconsidered its
action in denying the transfer of the
license of Mittendorf & Convis tC
Irving A. Wilson. BY the vote OF the
"soid three" the license was trans
ferred but not until both Commits
sioners Mason and Johnson had made
their side of the question emphatically
patent and had voted mo" Oh the
transfer.
The discussion. which was conducted
chiefly by Commissioner Mason for the
minority, was acrimonious. and uncom-
plimentary innuendoes were made by
both. In the opinion of Commissioner
Mason the "solid three" are upholding
the traffic in licenses.
The transfer was made possible by
Commissioner Gates changing his vote
and by the presence of Commissioner
James, who was absent from the last
meeting.
Says Commission Is PowerIess
At the last meeting of the commits
sion /. A. Wilson made application to
have the saloon license of Mittendorf
& Convis at 11S Spring street trans
ferred to himself. on being questioned
by Commissioner Mason, Mr.. Wilson
stated that he had agreed to pay S9500
for the saloon, adding that the fixtures
and stock were worth about $500 and
that $4,000 was demanded for the license
and good will. The commission then
took the position that If the licenses
were worth so much the city should
derive the benefit and not the owner
of the saloon. on these grounds the
transfer was denied.
Il am convinced that this commits
sion has no discretionary powers in
case of this kind said Commissioner
Gates, I'VE have the power to refuse
a transfer or revoke license only when
there has been a violation of law We
have no right to refuse to allow the
sale or purchase of a saloon when there
are no legal reasons for such action.
If the purchaser pays more for the
business than good business judgment
would seem to warrant that is his
business. and when we endeavor to-
take hand in the case we are eX-
ceeding our authority Therefore [
move that we reconsider our action of
last week.
"Oh. yes. 7 expected something of
the kind when the solid three got to-
gether,' said Commissioner Mason in
his most sarcastic tone. I'm granting
this transfer | believe we are starting
out to uphold this traffic in licenses,
and | mean to oppose it as vigorously
as | can. l believe we are under no
obligation whatever to transfer a
license. When a man is through with
his license he is done with it and that
should end it as far as we are con-
cerned This question of transfer
should not enter into cur negotiations
License Mere Permit
"a license is simply a permit to do
business for one month at the discre-
ton of the commission, and is not a
perpetual franchise said Commits
sioner Johnson.
The same persons who are Oppos-
ing this transfer are the very ones who
opposed the sale of the license of the
st. Louis cafe, whereby we made $4,000
for the city" answered Commissioner
Gates, whil2 fire flashed from his eyes
at Commissioner Mason's statement
that he had expected something of the
kind.
Commissioner James then came to
the rescue of his colleague and said: |
Il am of the same opinion as Mr.. |
Gates, that the commission has no |
arbitrary power in the question Of
granting transfers.
This gave Mayor McAleer. who had
opposed the action of refusing the |
transfer at the last meeting the chance |
TO say L told you So" and his honor |
improved the shining moment for all
it was worth.
After Mr. Mason had accused Mr..
Gates for insincerity and Mr.. Gates
had limited at Jealousy on the part of
Mr.. Mason, the transfer was granted
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