The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-03-10
Breen Keeps License-Coun-
Gil Finds Complaint is Not
Sufficient to Act On
ATTORNEYS IN HOT ARGUMENT
Attorney Fisher Sticks Close to Tech
nicalities and Opens Way to Shelve
Hearing Until After the Primary
Election.

The Civic Federation lost another
battle in the attempt to have the Ii
cense of Peter Breen revoked by the
common council on Monday night for
under the persuasive eloquence of At
torney Peter Fisher who appeared for
Breen nine of the aldermen voted to
dismiss the complaint against Breen
and for the present at least the matter
is dropped This morning the mem
bers of the Civic Federation announc-
ed that they had no idea of giving up
the fight and that new complaint
would at once be filed with the council
and that the fight for the revocation
of the license would be carried to the
last ditch. However, it is probable
that the members of the council ad-
verse to going on record in the matter
will be able to stave off any further
vote over until after the primary cleo
tion and it is not improbable that the
matter may be laid over for the con-
sideration of, new council. In the
meantime Breen will continue to Oper-
ate his saloon under the license and
the members of the council opposed
to the revocation of the license with
the aid of attorneys will probably find
technicalities enough to have the hear
ing continued until the license has ex-
PRED.
The hearing on the revocation fail
ed to bring any red fire or great ex-
element. 1t came at the close of an
ex ting meeting of tho ~ ncilinnd
the aldermen were well tired out when
the matter was reached and the defen-
dant and his attorney began the on
slaught on the complaint The obiec-
tions Of Mr.. Fisher to the complaint
were wholly of technical nature, he
holding that the complaint was not
drawn in proper form and that under
it the council had right to use their
own discretion in the matter of revolz-
ing this license on account of the fact
that Baltzer, the agent of Breen, who
had pleaded guilty to selling to minor
had appeared in court without the
presence of Breen and that Breen had
known nothing of his appearance in
Court. In response to this argument
the city attorney who appeared for the
city declared that the complaint was
sufficiently specific to constitute
cause Of action and that under it the
council had a perfect right to go ahead
and revoke the license. This same
view was held by Attorney A. E. Buck
master who appeared for the complain
ing witness. Attorney Fisher entered
mild protest against the appearance of
two attorneys for the city and the com
plainant, but the strength Of this ar
gument did not appeal greatly to the
council. The attorneys argued the
matter on the technical grounds for
half hour and it was evident that when
Attorney Fisher argued that the com
plant was not sufficient that this was
going to prove a happy solution for
the men who did not desire to take
final action in the matter. After the
argument Alderman Stemm moved
that the complaint be dismissed as in.
sufficient to constitute a cause of &C.
tion and that all matters relating to
the revocation of the license be de-
ferred until the complaining witness
fled a new complaint which was in
keeping with proper legal form. There
was little argument on the part of the
members of the council and the ques-
tion was submitted with the following
vote:
Ayes - Aldermen P;rsch, O'Brien.
Swift, George Wade, Stemm, Willems,
Werner, John Wade, and saftig.
Nays-Marlatt, Timme, Hegeman, ST.
mons, Higley and Harbaugh.
The lobby was packed to the doors
during the hearing, nearly every mem
Der Of the Civic Federation turning
out to hear the discussion of the ques-
ton. The members of this oreaniza-
ton may decide to appeal directly to
the courts and seek an alternative
writ of mandamus to force the coun-
ell to act in the matter of revocation
of the license without further hear
ing.
Arthur Bloss has purchased the Hays