The semi-weekly messenger., 1907-09-13
Mr.. I'M. BEAR DEAD mo ACTION TAKEN.
Commissioners Held Special Meeting
YeSterday-Some Discussion as to
Tf>eir Power to Revoke q Saloon
License-Hearing i'm the Matter
VIII be Held on Friday, the goth
Inst. -

The county commissioners, at Ii |
special meeting yesterday afternoon,
adopted resolution to serve notice
on Mr.. VI. L. Starkey who conducts a |
saloon North frnt street to appear
before that body on Friiay, the goth
inst, at 3 O'Clock TO show cause why
his saloon license should not be revok-
ed, the request for its revocation hav-
ing been made by Mayor Springer, who
stated that the place was conducted
in a disorderly and disreputable man
ner. There was some discussion as TO
the power of the commissioners 10 re-
woke a saloon license and that question
apparently was not settled. The hear
ing OF the matter and the contentious
of counsel in the case will undoubtedly
attract much public interest. l
The board was called to order at 3 10
by Chairman McEachern with Commits
sioners Divine and Robertson in at
tendance. The chairman stated that
the meeting had been called at the
request of Mayor Springer and tie
mayor, who was present stated tie
reason which prompted him to ask
for the meeting. He said he wanted
the board to revoke the license of Mr.
NJ L. Starkey's saloon, this action be
ing requested on account of the frc
Quent complaints concerning disorder
and rOWdyism in that place. The
mayor stated that he had no fight on
Starkey or any other saloon, but that
he desired simply to have order pre-
served in the city and to have unrea-
sOnable conditions remedied. The
mayor further stated that he had just
learned of Mr.. Starkey's illness and
, he would not ask that action be taken
in his absence. If the board desired
witnesses in the matter he was not
prepared at the present time to offer
testimony but he desired to find out
the opinion of the commissioners re-
garding the subject.
Hon. John D. Bellamy, counsel for
Mr.. Starkey, said the matter could not
be heard without giving him 80 days
notice to show cause why his license
should not be revoked and he read tie
statute governing the case. Mr.. Bel.
lamy further stated that if Mr. Star
key would have to show cause, then he
thought that in justice he should be in
formed of the charges against him.
In reply the mayor stated that the
charges were simply that of conduct
ing a disOrder1y place
After reading the statute by County
Attorney Marsden Bel1amy, Chairman
McEachern STATED that it appeared to
him that the only reason a license
could be revoked was for violation
of the state law, regulating the sale Or
manufacture Of liquor
The county attorney then gave it
as his opinion that it would seem
that all complaints of disorderly places
should be made by the mayor to the
solicitor and the latter would have to
act.
Commissioner Divine gave it as his
ing the right Ito license a saloon
to right and proper parties, then IL
such persons are found not to be
right and proper parties to conduct 4
saloon, it would certainly seem that
the board should have the right to re-
woke the license. He stated further
that in such matters the mayor of the
city, whose purpose was for the w.
holding of law and order, should be
consulted and his recommendations So
far as possible should be carried out
1t was given as the sense of the
meeting that this course would certain
ly seem to be the common sense one
but there is no statute giving this
power.
City Attorney Marsden Bellamy, Jr.
gave it as his opinion that the boarS
of aldermen has the right, and has had
the right all along to revoke the
license if good cause is shown and also
that the commissioners have this right
that if a place becomes disorderly
after the license has been granted, the
conditions on which this license was
granted were not carried out and it
could be revoked He further stated
that he believed that the aldermen,
if they found the place an unfit place,
could close it without giving any rea-
sons for their course.
Mr. Starkey's counsel argued that
the matter was simply a question of |
what the law says and not what should |
be nor what we would like to see, but |
the law expressly gives certain causes
for which license can be revoked and |
this action can only be taken for these
causes.
Commissioner Robertson said that
the commissioners. from the reading
of the law had the right nnlE To revnLe