The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-10-22
MAYOR REFUSES TO
REVOKE SALOON FINE
LICENSE CASE MUST GO ON TO
SUPREME COCRT-SESSION OF
CITY COUNCIL LAST NIGHT.

l GOutiCIi, DOolDOuCu llOln hCoody
night on account of illness of Mayor
Clark, was held last night. Princi-
pal among transactions was a dis
cussion of the appeal of Chas. J. Nor
ris for remittance of fine imposed in
the justice court, sustained in the
district court and carried to the SUI
preme court, in the case of the city
of Ely VS.. Morris.
The case has proved of considera-
BILE interest to the Ely district. The
defendant refused to pay liquor
license of SIS, maintaining that the
assessment was exorbitant. Fine for
non-payment of the license was as
sessed in the justice court more than
year ago The case was appealed
to the district court and was sustain
ed and an attempt has been made to
gain the ear of the supreme court in
! the matter.
Appeal has been made to Mayor
Clark. asking that the fine be re-
mitted. He refused to interfere with
the court decisions. Following is
his written decision as submitted to
the council last night:
Ely, New, October 21, 1908.
ITO the City Council of the City of
Ely:
"Gentlemen:-I wish to hereby
communicate to your honorable body
my decision not to remit the fine i'm
posed by the court in the case of City
of Ely VS.. Morris ct al. which suit
was brought in order to avoid, if
possible to do so, the payment of the
license required by Ordinance No.
of the city of Ely to be paid by a
retail liquor dealer, and to state my
reasons therefor.
1T will be recalled that the license
concerned in this action was the one
for the first quarter after the date
of passage of the license ordinance of
this city, and it was stated publicly
by the defendants and their attorney
that in bringing this action they
were merely trying to disrupt the
city government. Had they success
fully contested the payment of this
license fee, it would have meant that
the city had no right or authority to
collect any licenses whatever, and
the only thing which could then have
been done would have been to disin-
corporate.
ton was brought, the city had abso-
lutely no funds with which to carry
on its government or to make any
improvements, necessary as such I'M
proyements might be, and instead
of putting their shoulders to the
wheel and helping matters as much
as lay in their power, these defend
ants started the disincorporation agi-
tation, spent their money when
should have gone to the city in pay
ment of legitimate obligation In
engaging counsel to attack the valid
ity of the incorporation of the city,
and went out among others In the
same business and raised fund with
which to carry the matter into the
courts. All this time and during the
entire quarter in question, the de-
PENDANTS were engaged in the retail
liquor business in the city and en-
joying the profits thereof, the same
as others in the same line of business
who paid their licenses; and If the
fine imposed by the municipal court
and upheld by the district court were
to be remitted, the result would be
that no license fee would have been
received by the city to cover that
quarters business of these defendants
the fine imposed being in amount
the same as the license fee which
should have been paid.
an addition to this. the city at
torney and other city officers We're
caused a great amount of work ana
inconvenience in contesting the action
in question, and it does not seem just
that the city should pay its ofi1cers
salaries and in turn receive no COM
pensation to which II may become en-
titled as the result of their services.
after careful consideration of all
the points involved in this situation,
| can see no reason why | should in
any way interfere with the rulings
of the courts. ] have. therefore, de-
clined to take any action whatever
i'm the matter. Respectfully sub
mitted, f. NJ. Claim
| Mayor"
The city attorney was given more
time in investigation of the entangle-
ment of property limits between Mrs.
| John Magnuson and the city. cou-
pie of weeks ago she was notified by
the city engineer to remove her prop
LEFTY on hurry street certain dis
/ lance so as to avoid convictions with
the work of grading and graveling
| that thoroughfare. Mrs. Magnnson
alleges that she is not taking up a
portion of the city property as as
sumed by the city and has refused to
move.
The city engineer was authorized
to notify Messrs. Comins and Weber.
to remove fences enclosing their
property on hurry street to allow
the graveling of sidewalks.
The city attorney was instructed
to draft an ordinance, covering the
licensing of show houses, surveyors
and craftsmen. This will be present
ed for first reading at the meeting
next Tuesday night After consid-
Grafton of number of minor mat
tiers, the meeting adjourned.
nlITnAnr mr. UnDDnD