Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-06-11


intimidating effect, neither of which
in my judgment, is proper cause for
the conditions imposed by Sections .
and above quoted.
Section of the ordinance provides.
! SECTION lit shall be unlawful for any
person holding a license as "A salooEkeeper for
1 the selling of Intoxicating liquors as describ-
ed IN the first section OF this ordinance. to sell
| or give any Spirituous, ardent, Intoxicating
/ liquors and malt liquors or drinks in any
quantity whatever, TO any minor or to any
person intoxicated or bordering on the state
! of intoxication, or t. any married nan whose
/ wife shall have filed with tue City Clerk a
/ written notice or request that no such iutoXi
1 eating malt liquors or drinks shall be sold
/ or given TO her husband.
| Section 1857 of the Wisconsin Stat
utes makes it an offense, punishable bv
fine or imprisonment or both, for any
keeper of a saloon to sell. vend or give
away for the purpose of evadipg the
law, any spirituous, ardent, intoxicat-
ing OF malt liquors or drinks in any
quantities whatsoever, to any minor or
| person bordering on intoxication, and
| by Section 1853 Wisconsin Statutes. the
sale or giving away of such liquor, to
a minor without the written consent of
of his parents or guardian, or to per-
son intoxicated or bordering on intoxi-
cation, or known as an habitual drunk
ard, IS ground for revocation of the
license of the person so offending, un-
der procedure fully set forth in the
Statutes"
Section 1854 Wisconsin Statutes pro-
vides that when any person shall by
excessive drinking, misspend, waste or
lessen his estate so as to expose himself
or his family to want, or his town. cisy
or village to liability for the support
of himself or family, or so as to injure
his health, endanger the loss thereof,
or the personal safety of his family, or
any member thereof, the wife of such
person, or the aldermen of the City may
in writing, signed by her or them for
bid any person licensed in said city,
from selling or giving away
quors or drinks for the space Of
one year, And by Section 1855 Wiscon-
sin Statutes, may renew such prohib-
tion from year to year thereafter so
long as is necessary, and Il violation of
| this provision, subjects the offender to
a forfeiture of $4,000 for each offense
to be recovered in an action on his bond
and to revocation of his license upon
proper proceedings therefor; and the
! same reason hereinbefore given with
reference to making offenses by ordi-
nance which are already cffenses by
statute, applies equally to section in
the particulars above quoted But
Section is still more Objectionable,
and in my judgement is absolutely un-
reasonable and void.
1t prohibits any saloonkeeper from
selling or giving away the liquors above
specified ito any married man whose
wife shall have filed with the City Clerk
a written notice orrequest that no such
intoxicating or malt liquors or drinks
shall be sold or given to her husband"
There is no provision by law or by
ordinance, which makes it the Clerk
duty, and there is absolutely no duty
devolving upon the City Clerk to in
form any saloonkeeper Of the delivery
to him of such request The ordi
nance does not contain even the sug-
gestion that the married man" men
toned in this connection, is to be one
who is given to excessive or immoder-
ate drinking, or even to drinking at all.
ronake it unlawful for saloon
keeper to sell to a married man" with
out notice to the saloonkeeper that any
reason whatever exists why he should
not sell to him, is in my Judgment I'M
reasonable, and an absolutely void pro-
vision.
For the foregoing reasons / have be-
lieyed it TO be proper to veto the ao-
companying ordinance.
Dated this 4th day of June, 1909
CIIAS. b. PERRY,
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