The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-12-21
Kew Phase Given to Baker
Law in Argument Before
Judge Belden Friday.
WILL GIVE DECISION LATER
Attorneys Hold that Law Must be Con-
strued as Infringement OH Constitu-
tional Rights and Demand that the
Petition be Quashed.

Problems Of the municipal manage
ment of saloons under the Baker law
were threshed out before Judge Beld-
en- in the circuit court on Friday aft
ernoon, when he heard the motions to
quash the writ of certiorari brought
in the name of the state against the
mayor and common council, following
the transfer of the Corr and I.einen.
weber license. Attorneys in the case.
including John G. Slater, who repre-
scented Corr and Leinenweber; Calvin
Stewart, who represented the city,
Peter Fisher, Jr., representing the pc
titioners, and J. G. Tibbs, of Milwau-
kee, attorney of counsel with Mr.. Fish
er, seemed to pay little attention to the
facts in the Kenosha case, and it was
evident from the argument that the
attorneys were seeking to get a de-
cision on the constitutionality of the
Baker law, rather than worrying over
the Kenosha case. It is admitted that
the effect of the decision will not be
great ON the case in question should
the court refuse to sanction the action
of the councilmen transferring the Ii
cense. The council could refuse to grant
a license to either of the places in July
and this would make final settlement
of the matter so far as Kenosha is con-
cerned. The attorneys, however, want
to go farther. Attorney Slater argued
at length for the quashing Of the Pc
tition for the writ. He asserted that
the Baker law was in direct violation
of the principal OF local self govern
ment guaranteed to communities by the
state constitution. He insisted that the
legislature might have the right to re-
that no legislature should demand that
the common council Of any city grant
licenses. for locations selected by the
state. He declared that the people
could vote away the license privilege
entirely an6 that the council under the
law could refuse to issue any or all Ii
censes and that for this reason the
Baker law was in conflict with the
state constitution. The attorneys for the
writ argued that the Baker law gave
to the property owner a privilege of
having saloon license for a certain
location provided such a license was
in force ON June 30th, 1907Nand that
this privilege was something of value
and gave the property owner the right
to investigate the action of the council.
Just before the opening Of the argu-
ment Attorney Calvin Stewart appeared
for the city of Kenosha and interposed
motion asking that the petition for
the writ be quashed on the grounds
that the Baker law was unconstitution-
al and for the further reason that the
council had acted wholly within it's
rights in making the transfer of the
license. Attorney Tibbs is regarded as
one of the best known authorities in
the state on the Baker law and he was
recently interested in similar case at
Waukesha in which the court returned
verdict against the common council of
that city. No appeal was taken from
the decision Of the lower court. After
the argument Judge Belden announced
that no decision will be given in the
case until after the holidays. In the
meantime, the saloon in question has
been removed to the new location and
it will continue to do business there
until after the decision OF the court
is handed down.