The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-11-07
Brewing Co.'s Agents May be
Forced to Pay for Former
Violations of the Law
TO MAKE FIGHT IN COURT
Brewers are Determined to Test Wis
consin Law as Relating to the
Agents Doing Business in
Kenosha at This Time

The defense which the brewery
agents will offer in the cases started
by their arrest on Thursday on war
rants sworn out by Mayor German is
an enigma, but it is declared that the
men are prepared to fight the enforce
ment of the city ordinance in the SUI
preme Court, if necessary, and to this
end the men are planning for con-
certed fight. Attorney Calvin Stew
art, who represented the defendants
in the preliminary skirmish on Thurs
day and secured the continuance of
the cases for two weeks, will in the
meantime prepare the defense, and
there is no doubt but sthat he will
have the assistance of some of the
best constitutional lawyers in the
state in his effort to prevent the COL
lection of the license fees.
The question that is now being
raised is as to the right of the city to
demand the collection of licenses for
rested have been in the wholesale and
retail business in Kenosha for no less
than ten years and during the entire
time they have transacted both bust
nesses on single license. Mayor Cor
man has not fully decided what steps
he will take in regard to the back IL
censes. In rough figures the collec-
ton of these back licenses would
bring to the city treasury total of
not less than $40, 900, and some of the
an amount could be used to advantage
just now in the starting of the fund
for the building of a new City Hall.
If such thing could be done the plan
of the officials to collect these licenses
would prove very happy one. The
back licenses have not been heard
from in the present litigation and the
breweries seem to be of ,the opinion
that this is simply being held over
them as a whip to !force them to pay
the current license fees. However,
the city attorney feels convinced that
there.can be no escape for the brewers
IN the payment of current license fees
and there seems to be good reason to
believe that suit to collect the back
licenses would result in victory for
the city. There is no doubt but that
every step the city may take in this
direction will be bitterly opposed by
the brewers and there will be a great
fund provided for the legal battle.
Nothing will be done in regard to the
collie ction of the back fees until the
present action is settled. II the light
of the decision of the Supreme Court
on the cases sent up from Superior,
which are Identical with the cases
started in Kenosha Thursday, there
can be no chance for the brewers to
escape unless they should;bbe found
not guilty by juries in the Justice
Courts, and even if this should be
done the city could submit the men to
arrest every day in the week until a
jury could be secured which won1d
convict the agents. In that case the
matter could be taken into the Su-
preme Court and direct decision on
the Kenosha case decided.
Some of the agents arrested claim
that some of the representatives. of
breweries in the city who are accred-
tied with having paid the license are
also guilty of vlolating.the law in that
they are selling less quantity of
beer than is permittedHby the state
law. The exact measure,of the whole
saler must be placed by the Council.
At the meeting of the Council held
several months ago nearly all Of the
wholesalers admitted isthat they had
been selling beer by the half dozen,
and the brewery agents claim that
this is contrary to strict interpreta-
ton of the law governing the whole
sale business. If this should be found
the fact the wholesalers selling in
small quantities would be forced to
secure retail license, and this would
largely increase the fees due to the
city.