Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1907-01-04
UPHOLD CITY CLERK
In His Action Refusing to
Grant Liquor License to
E. A. Hall

| e. A. Hall
A meeting of the city council was
| neld Monday night. with sldermen
BracEe Bolander, Dewey, Lane, YER
TN and Kiewel IN attendance. The
matter Of d. Gliding upon the action Of
! the CITY clark In refusing TO issue
liquor license to E. A. Hall was
| brought up and the city attorney
stated that he cid not believe it could
be granted upon the cid applics tiou
The fyllowlng letter from Attorney
blanchard was read to the council:
| DR.. n " Chance,
Dear Sir:
understand the state Of facts upon
wnlcn my opinion is desired is rs
follows: On or about Nov. Is, 1906,
p. A. Hall applied to the city council
Tor 9 license to sell Intoxicating Ii
qnors at a designated place in said
city from Dec. :" L.. 1905, to Dec. /,
1907. ( M: Hall did: not: pay the Ii
:cense :inoEey; ION: :that*, :dhts:: 81 ;at|a any
time prior 50: Dec; /:::ly06*: On:that:
day he paid the smo13sy Into the city:
treasury and demanded license
which the city clerk refused to issue.
My opinion is tina. the city clerk
was correct in this refusal This
statute provides that the application
must state that the date from which
| the license was to run (Sec. 1923,
revised laws l905) and that all licenses
shall run for one year from date. (sec.
1922 ibid). The supreme court Of this
state has held that the city council
in passing upon an application act
| Judicially. State ex. rel va. city Of
North6eld.
This being the case the license
granted vas ore running from Dec
l, 1905 to DEC. l, 1907 The statute
also provides that no license shall be
issued until the fee has beeG paid IN
full. This was not done until Dec
"a. TIE cleSk could not give Mr..
Hall license running from Dec "a
to Dec. %, 1907, be ause that would
not be the license granted by tha
council and the granting Of such a
license would require the act Of the
council performing judicial function.
On the other hand the clerk could
not issue license from Dec l, 1905,
on Dec. "a because he has no power
and no right to date license back.
| The supreme court has said, "a IL
cense takes effect as authority to sell
only from the date it is actually is
sued. And it expressly says that the
license cannot have retroactive ef
feet.
The city clerk could rot issue the
license from Dec. "a to Dec. l, 1907,
not only for the reason that such Ii.
cense would not be the one granted
by the council. but because the stat
| ute provides, as I have already said,
thst every license should he for one
year from its dste.
We are therefore forced to the con-
clusion that no license can be issued
| to Mr.. Hall under bis former applica-
tion. The council could not authorize
such license because it only has au-
| thority to act upon a proper petition.
Therefore the proper course for Mr..
Hall would be to make an application
for license to begin at some future
date.
Tie money deposited by Mr.. Fall,
less costs of publication already in
Cured, if I am correct. belongs to
him and not to the city, and it seems
to me to be proper for the city trea-
| surer to be Instructed to return the
money to MIR. Hall or hold it subject
to his order. Of course, if Mr.. Hsll
desires to leave the money in the
city treasury until action can be
taken on a new application to be
made by him, he could do so.
This is my well considered opinion
and looking at the matter on all sides
I cannot see that any other conclusion
is tenable. If this is correct, it fol-
lows that Mr.. Hall has no right to sell
liquor in this city until q proper H.
cense be granted.
Yours respectfully,
4. P. Blanchard.
Immediately after the council meet
ing Mr.. Hall closed his place OF bust
ness, as the council had decided to
turn down the old application, and
stated that he would make now ap.
plication. In the meantime the
money paid to the city clerk remains
in the city treasury pending further
Developments.
Bemidji Pioneer: E: W. Collins:
! f To1l;~o tho vr0l1