Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-03-25
RULES THAT He
| MUST TAKE FEE
Appellate Court Affirms Circuit
Judge in George Bauman
Mandamus Suit.
AGAINST CITY TREASURER
Is Preliminary Litigation to Force
Issuance of Saloon License
Other Cases Decided.

The appellate court yesterday hand
ed down decisions in several local
cases, among others the mandamus
suit brought to compel the city treas
urer. w. III. Gest, Jr.. to accept $3.50
rendered him by George Bauman Of
Davenport as the fee for saloon
license. The appellate court afIirms
the decision OF Judge Gest, who or
dered his son to accept the money
1t will be remembered that Mayor II.
c. Schaffer refused to issue licenses
for three saloons on Eighteenth street,
below Second avenue, and not only r.
fused to renew permits for their orig
nal owners, but refused to issue a
license to Mr.. Bauman. The applicant
for license rendered the money TO
the mayor. to the city clerk, and also
formally rendered it TO the city treas
urer. All three refused to accept the
cash. and mandamus suit was insti-
tuted to compel the city to accept the
money. The applicant under the law
can have no standing before the
mayor until he has paid the fee and
provided bond.
Is First Step.
Forcing the city to accept the fee
is but the first step in litigation when
aims to take away the mayors right
of granting saloon licenses 1t is ex-
pected that unless the city appeals the
case to the supreme court. the money
will be turned over. the bond will be
prepared, and application will then
again be made 10 the mayor. Since
Mayor Schaffer has declared that he
will never grant license until COM
PEELED to by the courts, it is expect ed
that another suit of mandamus will be
necessary before the license is granted
unless the next mayor sees fit TO al
low the place to be opened on mere
application.
Is Up to Treasurer.
The most important feature of the
case so far as it has progressed is
that it determines that the city treas
urer is the official to whom the saloon
keepers must pay their license fees.
1t has long been the custom for the
applicants for license to turn the
money over to the city clerk, all Of
this business being handled through
the clerks Office, where the permits
are issued on the authority of the
mayor This. however, appears to be
irregular, and it is up to the city
treasurer to receive and receipt for
the fees. The treasurer, according to
the court rulings, has no alternative.
dered him. and must give a proper re-
ceipt for the money. In a sense this
| is of no consequence, as it merely
shows the city treasurer, instead If
the city clerk. to be the official 10
| whom the money must be paid.
Hon. William McEniry appeared for
Bauman in the case and City Attorney
J. F. Witter for the city.
| Ludwig, Case Affirmed.
| The appellate court this morning
| affirmed the judgment of the Rock Is
land county court in the case of w
WORT Engineering company, for $426
Mr.. Ludwig was employed on a con
tract for year as foreman of the
machine shop. At the end of sever
months the company dispensed witt
his services, and he sued for ths
amount of his salary for the balance
of the period of the contract. and sc
cured verdict. G. Harvey McKinle.
represented the plaintiff and Georg'
w. Wood appeared for the company.
Orders Divorce.
| The decision of Judge w. H. Ges
in refusing a decree of divorce to Mrs
Lillian B. Hall of Silvis was reverse,
yesterday by the court at Ottawa.
Mrs. Hall charged her husband. Mage
Hail. with cruelty, and he entered n
| appearance but defaulted the case bt
\ fore Judge Gest. The judge, after tn
\ evidence had been heard, declined I
Il issue a decree of divorce. The cas-
/ was reversed and directions were give
4 Tor the issuance of a decree. -Georg
II W. Wood represented the complainant
Reverse an Odd Suit.
IL The appellate court has reversed an
Il remanded the case of John II. Hende
son against Ross w. Gould in whic
4 there was verdict of $500 and intere:
II in the circuit court The case involve
II the affairs of G. C. Rush, formerly
Il real estate agent in Moline. Mr.. He
|! derson bought lot from Gould, an
II claimed to have paid Rush for it. Rus
lltdeparted, and it is claimed new,
II turned over the money he had I
Ii Iceived. The case depended almost e
III tirely ON evidence of various convers
III lions, and proved a knotty legal pro
III lem c. E. Dietz represented M
II Henderson and M. J. McEniry a
II peared for Mr. Gould.
II Affirm the Lee Verdict.
III The long pending suit of Villa
II Lee against the Republic Iron & Ste
U company has been affirmed in the a
III pellate court 1t has been heard twi
Ii in the circuit court, has been to t
III appellate court twice, and was on
III before the supreme court for sor
iii thine. The contest in the higher coul
Ills over a discrepancy between the