The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1912-02-10

there Is 70 be no reduction OF the num-
her Of saloons If there il new appli-
cation TO take the place Of the license
that has been relinquished Attorneys
were Yesterday unwilling 60 give any
opinion on the snhiect until they had
had opportunity to read the full text ~
the courts decision
The opinion Of the supreme court
in the ease is as follows
In the case Of Philip Ploot. relator,
va Township Board OF Bangor Town
ship, respondent the relator sought
and secured from the circuit court
writ o. mandamus requiring respon-
dent 10 meet forthwith and grant
relator license as retail liquor deal
ar in said township Tor the year com
mencing May is,, 1911, and that such
respondent approve such bond as pre-.
sented by relator as shall conform 10
the requirements Of law governing
bonds Of liquor dealers in this state
Respondent has removed the case 10
this court for review hy certiorari,
The controlling facts are az follows
The population 81 the township OF
Bangor according 10 the last United
States censns Is i. 94g In April. 1909
there existed in said township six
places duly licensed aGd maintained
Tor the sale OF liGnor at retail For
the license term running from May lat
1909 10 May lat 1910, but five licenses
were Issued in said township one Of
the six licenses OF the preceding year
having failed to apply Tor renewal,
aud there being no new applicant For
the year 1901 but four licenses were
issued in said township. one OF the five
licenses Of the preceding wear not ap.
plying for renewal, ard there being
no new applicant.
For the year lgli.i2. the tour doing
business during the preceding wear
applied for and received licenses
Relator likewise made application on
April 2lst 1911 for license and pre-.
scented Herewith bond apparently CON.
forming 10 the provisions OF law
This application was rejected by the
respondent board upon the ground that
10 grant IL would be- q violation Of law.
The rights Of the parties depend
upon construction Of the words vol
unfairly have been aurrendered. I"
conta ned in Sec 80. Act pol. Public
] Acts OF 1909
When applied for in accordance
with the provisions OF this act bonds
shall be approved by the local board,
board OF trustees. council or common
council in each township. village and
city tor retail liquor dealers. not TO
Sxceed the number doing business IN
said township. village or city in the
month OF April nineteen hundred
nine. Provided. that IL after this act
takes effect the number OF retail liquor
dealers in any township. village or
CITY shall he in excess OF the ratio of
one b. each FIVE hundred inhabitants
according TO the last United States
census. no license or Licenses shall be
issned 90 any person or persons 10 take
the place ~ snch license or licenses rs
shall voluntarily have baep surrender
ed until the ratio OF the license grant
ed aud the saloons IN said township.
village or city shall not exceed one
saloon for every I've hundred inhabi.
taDts thereof according 70 the last
United States census
IL - tine contention n the reiator
and In THIS the learned Circnit Judge
agreed with him that there having
been six dolly licensed places tor the
sale Of liquor ~ retail IN operation "a
raih township In APRIL 1909 and non,
having heen revoked according 90 ~,
law the 1failnre 10 make application