The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-26

Every person concerned in the
commission Of crime, whether he
directly commits the act constitut-
! ing the offense, CT aids and abets in
| its commission, and whether pres
ent or absent, and every person who
directly or indirectly counsels, en-
courages, hires, commands, indues,
or otherwise procures another per-
son to commit crime, is prin.
cipal, and shall be indicted and pun
ished as such.''
"ln addition to this section OF the
Penal Code of this state, there is
special section which refers to the
liability of certain local officials who
DO not perform their duties under
the law regulating the sale of intoX-
cating liquors. One of these laws
includes the following statement:
| ANY member Of municipal
council who wilfully refuses or neg
iects to perform any official duty
imposed by this chapter, shall be
guilty Of malfeasance in office and
shall be removed therefrom and be
! disqualified from holding the same
! for and during the remainder of the
term for which lie was elected or
appointed
Il am unable to state accurately
] lust what the duties of your CON-
! missioners are and therefore will
not attempt to CO so. | take it that
one Of your commissioners has the
duty, under your charter, of ad-
minister.ng the laws relative to the
regulation of the traffic in intoxicat-
ing liquors. If there be one of ycuf
commissioners who has that Guty,
and for the purposes OF performing
that duty is given the duties and
powers of a constable, marshal Or
policemen, then it would be, in my
judgment. the duty of the proper Of
ficers to receive complaints of such
persons malfeasance in office and to
take such steps as are proper to
have him removed therefrom.
| hSiC dEOInCL oIolSiliNil VI
the law which should be consiG erej.
1t is this: The mayor OF every mu-
Hicipality shall mako complaint of
any known violation of the provi-
sions of the chapter relative to the
sale of Intoxicating liquor. If evil
dence is presented to him sufficient
to exonerate him in case he should
make complaint of violation of the
liquor laws and should be sued for
malicious prosecution, and he should
neither make complaint to a COM
hitting magistrate nor to a grand
jury relative to the matter, he would
fail Of performing his duty"
/ Had Further Support
In further support of his contention
that the city councilmen were respon-
sibla for the illegal issuance OF the
Kiages license, Mr. Bowen quoted
section 1929 of the laws of 1905 as
amended in 1909! ID
mo license shall be granted to any
person who has within one year next
preceding the filing of his application
for such license, knowingly violated
any law or ordinance relating to the
sale Of liquor or to the conduct of
drinking places, or any of the con-
ditions of his bond; nor to any person
until the licensing body shall have
investigated the applicant for such
license, lis character, and his record
as license in the event such APP
plicant has prior thereto been licensed
to sell intoxicating liquors in this OF
any other state, and for that purpose
may continue the hearing upon such
application from time to time; and nc
such license shall be granted unless
after such investigation, such appli
cant shall be ascertained to be Of
good moral character and otherwise
qualified to hold license under this
; act.
ut is hereby made the especial an(
positive duty OF every such licensing
body to fully investigate, or cause tc
be fully investigated, the characte'
and record of every such applicant
for license, in accordance with t.
provisions of this act, and any Of
ficer in this state who shall wifully
violate any, of tie provisions of this
act, or who shall wilfully refuse OF
neglect to perform any duty imposed
upon h i'm thereby, shall be
guilty of misdemeanor, and upon
conviction thereof, in addition tC
other penalty imposed by law, he
shall forfeit his office and the same
! shall thereupon be deemed vacant.
Bowen Hits at Attorneys.
Both M. Pau and Mr.. Schaub,
said Nr. Bowen, say that il you
, don't know the law you are excused
| Anybody could set off on thai
, ground: 1t was the duty of the Of
ficers granting this license to see
that it was properly granted"
Mr.. Bowen remarked that the
minors to whom liquor had beer
sold had been placed under arres
, and intimatad that this was dcnt
for the deliberate purpose of intimi
dating them as witnesses.
At this the mayor called this
speaker to order and said he was
not speaking On the subject under
, consideration