The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1907-07-03
CITY CHARTER
CUTS NO ICE
Attorney General Rules That Its Pro-
visions as to Expiration of
Licenses Are Null.
Alderman Evans Stands by the City
Charter, Objects to License
and Appeals to Courts.

Alderman Evans got into the lime
light last Saturday night, as cham
pion for the validity of the charter
of this city. Among other proyis-
ions concerning the issuance of IL
censes incorporated in this charter
is clause providing that mo liquor
license shall be granted for a less
term than one year, and all such Ii
censes shall commence and termi-
nate on the Goth day of January of
each year."
When application was first made
on behalf of Oscar Bailey of North
Redwood, for license to sell intoxi
cants in the building next to Schultz
Bros. harness store on Second street.
last month, Recorder Smithers called
the attention of the applicant to the
above charter clause and stood out
on limiting his license period to Jam
uary 10th, 1908. AS this would make
Oscar put up one thousand plunks
for the privilege of selling booze for
six brief moons, Oscar SHE'D, while
William stood pat on his position.
The city attorney was appealed to-
and on consulting the revised stat
utes found that they provided for
licenses running year from the
time they became valid. Arguing
that the state law might be supreme
/, in this case as in the famous ST.
Cloud decision, Attorney Dolliff
called up the Attorney General for
advice, and the latter gave it as his
opinion that the revised statutes
governed in the case in point. Sub
sequently Mr.. Dolliff received the
following official document by mail:
"Alfred C. Dolliff, City Attorney,
Redwood Falls, MINI. = Dear Sir:
This office has for acknowledgment
your favor of the 10th inst, in which
you ask for the opinion of this Office
as to whether the village council is
to be governed by its charter provis-
ions relative to the time for the is
suance of liquor licenses, or whether
it is to be governed by section 1922
of the revised code.
In answer thereto. | would say
that it is the opinion of this office
that section 1862 of the Revised code
governs, and that the council has
power to issue license at any time,
for the period of one year.
E. T. YOUNG, Attorney General.
Proceeding in accordance with the
above decision, Recorder Smithers
was advised to throw the back-num-
Der charter overheard and steer by
the light furnished by the lord high
admiral of the state attorney gener-
ais office. The recorder obediently
started the publication of the appli-
cation for license. and it came up for
action by the council last Saturday
evening. Upon motion to adopt
the prayer of the petitioner and
grant him license for a year from
date, Alderman Thune and Wilcox
of the first ward voted yes, while
Alderman Hammer voted no as he
has always done on the liquor license
proposition, and Alderman Evans
raised objection to acting on the
petition at all, on the ground that
the whole works was contrary to the
provisions of the city charter, and
hence void.
The vote on issuing the license be-
ing a tie, Mayor Lines voted..y and
the motion was carried.
Yesterday Attorneys Howard and
Laudon, acting for Alderman Evans,
made application before Judge Olsen
for writ of injunction restraining
the mayor and council of this city
from issuing the license.
In a conversation Hate Monday
Continued on 6th page)