The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1907-12-20
THE LYNTs LICENSE SUSTAINED.

THE LYNTS LICENSE SUSTAINED.
Judge Grimm Holds the Fletcher Action
Not the Proper Proceeding.
In the case of the State ex rel M. B.
Fletcher VS.. the Common Council of
Edgertcn, certiorari proceedings
brought to review the action of the al
dermen in granting saloon license to
George Lynts, Judge Grimm gave an
opinion Monday holding the said action
valid and quashing the writ. The court
found that Fletcher did not have the in
terest which would entitle him to main
tain this form of action and expressed
the opinion also that inasmuch as the
license was granted on June 80 and the
law limiting the number of licenses in
town, under certain conditions, was not
published and in force until July 10, the
latter could not be retroactive and abro-
gate the councils contract with Lynts,
though the council would not have the
power to grant mere than ten licenses
another year. This being the third un-
successful action to bring review of the
councils proceedings into court by rea-
son of defect IN the pleadings, Judge
Grimm helps the plaintiffs out by de-
Gliding the issue which they desired to
bring before him. After clearly defining
his opinion upon the writ of certiorari,
Judge Grimm further says:
Nevertheless, although the following will
be of no binding force, as a judgment of the
Court, I deem it desirable to express my opin-
ion on the validity of the act of the council
and its resulting consequences, SO far as they
have been brought to my attention, in order
that further frultless litigation may be avoid
ed if possible.
1T appears from the return that at a regu-
lar meeting OF the common council held June
4th, 1907, resolution wat adopted limiting the
number of licenses to be granted for the ensu-
ing rear to the number then in force, which is
conceded to have been ten. AT the next regu-
lar meeting, held June 18th, 1907, applications
for licenses were presented, among which was
one from George E. Lynts. On motion it was
determined that the Lynts license should be
acted on last
the other applications with the result that all
We're granted. ThereupOn the council adj
journed without taking any further action on
ial meeting held June Goth, 1907. pursuant to a
call issued by the mayor for the purpose of re-
considering she action of the council! whereby
it had limited the number of saloon licenses to
be granted and for the further purpose of con-
sidering the Lynts application, a resolution
was adopted whereby the resolution referred
to above was rescinded; and thereafter, by a
further resolution the application of Lynts
was granted Thereupon the license money of
LyntS was accepted and license issued, un-
der date of June oath, 1907, from date hereon
until the first day in July l908.' Lynts, APP
plication was for the year ending June 30th, |
1909; the receipt for the $500 90 license fee was
dated June 24th 1907 and certified to the grant
ing of the license for 'One year from July 1St, 4
1907 1t is clear from these several docu-
ments and the resolutions above referred to
to be, and in fact was, granted for the statu-
tory year commencing on the first Tuesday of /
July, 1907, and ending on the first Tuesday of
July, 1908. In other words, it is apparent that
the license was not intended to commence at
the time of its date, but at the time of the COM
mencement of the new license year; and thetl
fact that the council believed such year to
commence on the first day instead of the first
Tuesday of July, which was the second day of
the month, does not change the legal aspect.
The license as granted would haye been no
protection whatever to LyntS had he attempt
ed to sell hereunder on the Both day OF June;
on that day 1t had no operative or protective
force ssss.A 4
"A common council in the absence Of statrl-
tory limitations has full control of its own
rules and methods of procedure. 1t may make
and adopt rules of order of its own or 1t may
tary. law; or. again, it may proceed without
fixed rules and it's conduct OF business is not
open to revlew.so long as it proceeds reason
ably. The common council of Edgerton IN
the exercise of its police powers had the un-
doubted right to adopt a resolution limiting
the number OF licenses, which it would grant
for the following year to ten If it saw fit to do
so, although there is no statutory requirement
to that effect and it had an equal right to sub
sequently revoke such resolution; nor was it
necessary that it should do these acts in strict
vii q
the contrary it was sufficient if it proceeded
reasonably and its purpose was Enthusiastically
clear by its acts. The sufficiency of Lynts'
bond was also attacked by counsel for the rela-
tor. That question could under no view CT
law be considered upon certiorari under the
petition lin this case, since the objection was
not raised in the petition and is therefore
deemed waived under the authorities But
even i'll could consider the objection should
feel constrained to hold the bond sufficient,
since it is manifestly sufficient in amount. val
id and binding upon the principal and sureties
and was duly approved. The fact of approval
is attested by the mayor and the approval it.
self is presumed to have been by the council as
required.by law unless The contrary affirma-
lively appears.
ut follows from what has been said that
were the question subject to determination
upon certiOrari should hold that the license
to Lynts is valid and that it took effect and
became of operative and protective force on
the first Tuesday of July, 1907, and expired on
the first Tuesday of July, 1908"
by the highest tribunal in the county,
The Reporter feels at liberty to say
word in connection. From the COM
mencement of the trial in Judge Smiths
court last summer to the rendering of
the decision by Judge Grimm on Mon
day, it has been apparent that the COM
plainant was lending his name as per-
secutor instead of prosecutor and that
the whole intent of the proceedings was
to harrass the common council and place
it's members in the light of incompetents
to transact business for the city. It is
through the continual harping of this
class of people that makes it almost i'm
possible to secure representative men to
fill city offices. AS far as Mr.. Lynts is
concerned he was an innocent party to
the whole transaction, for the reason
that in every detail from tie time Of