Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1913-01-14
HOTEL
BAR INQUIRY
FIRST PROCEEDING OF THE KIND
EVER HELD BY THE
CITY COUNCIL.
FINE OF $500 IMPOSED
Frank Statement Made by Walter s.
Bright on the Witness Stand Al.
lays Some Of the FeeIing-Declares
He Fully Respects Authorities of
the City.

Walter S. Bright appeared before
the city council Friday night in an
swer to the citation requiring him to
show cause why his liquor license
should not be revoked for the viola
tlon OF the ordinance requiring all
saloons to close at l a. m. 1t was
charged in this case that the hotel
bar remained open New Years MORN
ing beyond the hour fixed by the or
dinance.
! Mayor j. s. Marshall presided at
the meeting, with Alderman Tom Ber-
KIN, Marvin Traywick, Edouard SUIT
ter, }. S. Abel and Emil Saxl in at
tendance. City Attorney II. Il. DeKalb
represented the city, while c. J. Mar
shall appeared for Mr.. Bright
Mr.. Dekalb opened the proceedings
by reading the ordinances requiring
saloons to close at | a. m. and pro-
viding for the revocation of the H.
cense when such action was deemed
by majority of the council to be In
the interests of the public.
Mr.. Dekalb said that If the viola
tion complained OF had been, in way,
an 1nadvertance, this proceeding
might not have been resorted to. 1t
was, however, no inadvertance, but a
premeditated and wilful act.
Attorney Marshall interrupted here
to say that Mr.. DeKalb had no right
at all to state to the council his own
views and conclusions as facts.
Mr.. DeKalb Immediately proceeded
| to offer evidence to show that the bar
was kept open as charged. Direct
and positive testimony on this point
was given by Assistant City Attorney
Roy G. Cromer, who stated that on
the occasion in question, and as late
as a. M, he was in the bar, which
was open, saw drinks sold and in fact
! bought drink himself. Mayor Mar
shall stated that following New Years
last year he called upon Mr.. Bright
and said he had heard the hotel bar
was kept open and that liquor was
sold In the dining room after a. m.
Mr. Bright said he had been correctly
informed. The mayor expressed sur
prise and regret and Mr.. Bright re-
pied that he had endeayored to see
the mayor, but failed, and had there
upon taken advice and knew where
he was at" The mayor, he said.
could do what he pleased and added
that next year he intended to keep
open again.
1t was Mr.. Brights supposed atti-
tude of Indifference to the authorities
that was so strongly resented by the
mayor and council, and which de-
termined the body, no doubt, to in
sttiute the proceeding of Friday
night
Officer Crowley testified that he
saw the bar-room at the Bright open
after | a. m. AS late as 3 a. m. 1t
was wide open" and drinks were be-
ing sold.
The other witnesses called were not
in the bar and their testimony was
rather vague and unimportant, but the
city's case was made out by the d.
rect and positive testimony of
Messrs. Cromer and Crowley, and Mr..
DeKalb rested.
Attorney Marshall moved that the
proceeding be dismissed on technical
grounds. He claimed that as the
complaint was based upon an ordi-
nance which provides a fine or i'm
prisonment for its violation, the coun-
Gil would be exceeding its authority
by reyoking the license. Under the
complaint as filed, the attorney con-
tended that Mr.. Bright would first
have to be tried by a court of COM
petent jurisdiction, and If convicted, a
revocation might be based upon that.
Mr. DeKalb briefly answered this
and the motion to dismiss was re-
jected by the council.
Admits It All.
Thereupon Mr. Bright took the
stand and made a frank and compre-
hens1ye statement, covering every
feature of the case and which un.
doubtedly told in his favor with the
aldermen. At the outset he strongly
disavowed any feeling of disrespect
for the authorities of the city. It had
been, he thought, almost a custom to
practically permit saloons to remain
open after l a. m. on special oc-
casions. This was done, he said, dur
ing the carnival and again on election
night last November, when the
saloons remained open all night to re-
ceive the returns. He assumed that
this was by common consent. It was
a custom everywhere for hotels to
give New Year parties for their
guests and such others as desired to
come. In regard to New Years morn
ing, he expected to follow that Gus
tom and had called up Mayor Mar
shall and City Attorney DeKalb some
time in advance to ascertain If there
would be any objection. only to find
that they had gone to Bozeman to at
tend the municipal convention. He
then consulted L. 8. Butler, who ad.