The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-03-04
Mr.. L. A. Lagomarsino Still
Open as Usual.
Mayor Awaiting opinion Relative to
Prosecuting For Selling With
out a License.
LID TO BE ON TOMORROW.

|
has revoked Mr. l.. A. Lagomarsino's
saloon license, but Mr.. Lagomarsino
says not. and is still running at Sec
ond and Broadway, as II nothing had
happened. Moreover. he says he
would like to see the mayor try to
close his place of business. If they
want to arrest him for selling with
out a city license, he declares he is
willing to fight 1t out in the courts,
but he will certainly remain open at
the old stand.
Mayor Yeiser, as he said he would
do yesterday. late in the afternoon
had served on Mr.. Lagomarsino the
following formal notice of revoca-
ton. prepared by Solicitor Puryear
and served by Detective Will Baker:
State of Kentucky, City of Padu-
cab, IS.
1t appearing to me, from the rec
ords of the police court of the City
of Paducah, Kentucky, that L. A.
Lagomarsino, on March 3rd, 1905,
was found guilty and fined for keep
ing open his saloon on Sunday Feb
ruary 26th 1905, and selling liquor
therein on said day, in violation of
the ordinances of the City of Padu-
cab; and also in violation of the
statutes of Kentucky, therefore I
find that the said l.. A. Lagomarsino
did on Sunday, February 26th. 1905,
in the City of Paducah, Kentucky,
keep open his saloon and sell liquor
therein. Now. by virtue of the au-
thority vested in me, as mayor of the
City of Paducah, Kentucky. | hereby
revoke the saloon license of said l..
A, Lagomarsino from this date, and
| the date of said fine in the police
court in the City of Paducah, Ken
lucky.
Given under my hand as mayor
of the City of Paducah, Kentucky,
this March 3rd, 1905.
ID. A. YEISER,
Mayor Of the City of Paducah, Ky.
Mr.. Lagomarsino. at the advice OF
his attorneys. declined to close his
| place of business, and no warrant
was issued against him for selling
without a license. He claims that
he does not stand convicted until he
has accepted the judgment of this or
some higher court and that the may
or has no right to presume he is
guilty until his guilt is established
in the courts which has not been
done. He has taken an appeal in the
case, and the papers were last even
ing made out by Deputy Circuit
Clerk viii Kidd and served on May
or Yeiser by Deputy Sheriff VIII Ly-
don.
The section of the license ordi-
nance giving the mayor the right to
revoke saloon license is as follows:
'If at any time it shall be made to
appear to the satisfaction of the may
or that any licensed person. firm,
company or corporation, has violated
any of the provisions of this ordi-
nance then the mayor can revoke
his, her, their or its license"
IL is claimed that this is uncon-
stitutional, as a man who has paid
for a saloon license cannot have Il
taken from him simply by section
flike that. They say that the mayor
might be satisfied that man had
been violating the law without any
valid evidence at all, and according
TO the above section II he simply
thought so, he could revoke the IL
cense, II is claimed that no such
provision as the above will ever be
sustained by the courts.
Even II Mr.. Lagomarsino should
be tried and fined for selling without
license some claim, he could still
take an appeal, give bond, and re-
main open the same as usual.
Mayor Yeiser has asked for an
opinion relative to prosecuting Mr.,
Lagomarsino for selling without H.
cense, but until he gets one, will in
stitute no prosecution.
II is predicted that the lid will be
on tight tomorrow, and bottles and
jugs are being filled today in antioi- |
patton,
This afternoon Mayor Yeiser de
cided TO have a warrant issued for |
selling whiskey without a license
against Mr., Lagomarsino, and De
'ectiye win Baker will furnish the
Information. The warrant will be is I
sued this afternoon.