The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1911-01-03

sAA0Ao0N%A0
purpose of raising revenue, ane
is always expressly subject tt
local laws and ordinances, MOI
does it relieve the holder from
complying with local law or ordin.
anee. And a federal license will
not be defense for violation
of a local ordinance.
State Of Minnesota VS. Funk q
MINI 318.
See also long line OF cases in
% eye Page GA.
This | believe fully answers
your inquiry.
Respectfully Yours.
A. R. A. LAUDoN, Atty.
Redwood Falls, Mimi, Dec. 81,
1910.
Dear Sir
Pursuant to your request of
this date asking for my opinion
as to the power of the Common
Council of the City of Redwood
Falls in controlling the sale of in
toxicating liquors within it's cor
porate limits and prohibiting the
wholesale vending thereof, | beg
to submit the following:
The Charter of the City Of Red
wood Falls, Chap. A, sec. 3, pro-
vides in part as follows: 1.-The
Common Council shall have full
power and authority to declare
and impose penalties and punish
ments and to enforce the same
against any persons who may
violate any of the provisions
OF any ordinance or bylaw pas
sed or ordained by them, and all
such ordinances, rules and bylaws
are hereby declared to have the
force and effect Of law: Provid-
ed that they be not repugnant
to the Constitution and laws of
the United States, this state and
for these purposes shall have au-
thority by ordinance, resolution or
bylaW-to license--all persons deal
ing in vlnous fermented or spirit
GUS liquors, and to designate the
places and conditions upon which
they may be sold'.
The question then is this, Can
the Common council pass a resell
ution or ordinance prohibiting the
wholesaling" of liquor within
its corporate limits? The Su-
preme Court of this State held
in the case of State VS. Robinson,
1O1 MINI, 277 (St. Cloud case)
that the general liquor law, while
enacted for the purpose of Great
ing a general system for the reg
ulation Of the traffic of intoxicat-
ing liquors, was not intended to
deprive municipalities of their
charter powers to legislate upon
the same subject matter so long
as the municipal legislation was
not inconsistent with the general
liquor law.
1t TO lows therefore, that the
common council has power to reg
ulate and license the sale Of liq-
uor as before specified, provided
that such course is not repugnant
to any law Of the United States
or this state.
If it is the intention of the
common council to refuse to is
sue license for the sale of intox-
icating liquors, then in so doing
they must be considered and
presumed to following the will
of the electors who placed them
in office, it being thus in any
elective office.
This state has a law, (Revised
Code, 1905, sec 1888. subdiv II,
prohibiting what is known as the
Wholesaling of liquor in any vii
lage or township voting against
the issuance OF license, which
has been passed upon by the
Supreme Court of this state and
held to be a valid enactment.
State VS. johnson, Sc MINI. 121.
Now in considering this law
and the law as laid down in the
st. Cloud case heretofore refer
red to, it is my opinion that a
valid ordinance can be enacted
by the City of Redwood Falls
prohibiting the wholesaling Of
liquor, or the selling in whole
sale lots of intoxicating liquors
within its limits, and which
would not be repugnant to or in
consistent with any law Of this
State or of the United States,
but would be directly in line and
accordance with the state laws.