The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-26
convicted under the state law but
only under the ordinance.
Both Paid Fines.

only under the ordinance.
Both Paid Fines.
"ln reference to the other two
cases whose facts are similar, it
appears from the certificates of the
district court of Blue Earth county
bearing adte December Is, 1913, that
upon December 3, 1913, John G.
Hagen vas convicted of the of.
Tense OF selling Intoxicating liquor
to Lee Olger. minor, and was
upon December 5, 1918, sentenced
to pay q fine in the sum of $3.50
which fine was raid. Each Oh these
on November 26. 1913, Frank j.
Mettler was convicted in said dis
trict, court of the offense of sell.
ing liquor to a minor, to-wjt, Ed
ward Zaemachei and upon Decem.
Der 5, 1913, said Frank j. Mettler
was sentenced by said district court
to pay fine in the sum of $3.50,
which fine was paid Eeach of these
parties was convicted of violating
the state law, to-wit, Section BIAS
aforesaid and. under this section it
is immaterial as far as convic-
ton is concerned, whether notice
had been given or not. They were
found guilty Of violating the pro-
visions of section 314S and as far as
conviction is concerned, it is i'm
material whether they had notice
or not, but it is a conviction under
section 317S providing for notice
which works a forfeiture of the
license and not conviction uder
914S, at least not unless notice had
bee actually given, and as l under
stand the facts, no notice had been
given to either Mr.. Nettler or Mr..
Hagen, and it appears from the
affidavits of the chief of police and
the city clerk of this city bearing
date December 20, 1913, that no
notice forbidding such sale to either
of said minors by John C. Hagen
or Frank ]. Mettler was ever given
as specified in Section BITS, and
therefore while the act Of selling
to such minors was an offense under
the state law for which each of
said parties has been convicted and
fined, it does not at all follow that
their licenses are void because Sec
ton 1851 above quoted specifies
that the license shall become void
upon the conviction of selling liquor
to a minor, etc. after the notice
forbidding such sale as in this chap
ter provided and it is therefore my
Hagen and Frank J. Mettler are not
void by operation of law.
Have the Right to Revoke.
1T must be borne in mind that
the commissioners by virtue of Sec.
ton 1852 have the right ,and au-
thonity to revoke and cancel any or
all of the above licenses upon
proof of violation Of any law or
ordinance regarding the sale of
liquor or to keeping of public drink.
ing places, or any of the conditions
of the liquor bonds. This section
reads as follows:
"Any liquor license may be
revoked and made void by the
board or council authorized to
issue the same, after notice to
the licensee and opportunity to
be heard. upon proof of violation
of any law or ordinance regard
ing the sale of liquor or the
keeping of public drinking
places, or OF any condition of
his bond. In such case, if the
licensee is the owner of the
premises, no license shall be is
sued to any person for such
premises during the term for
which such license was granted
If the license is revoked by
reason of a sale to a. minor, ha-
bitual drunkard, or a spend
thrift or improvident person,
after notice forbidding such sale,
no license shall be issued to the
licensee for five years there
after, nor in any other case for
one year after the time for
which the license forfeited was
granted. No acquittal ON
criminal charge shall prevent
the revocation of license
ut gives full power to the COM
missioners to cancel and annul any
Or all of these licenses after giving
notice to the licensees and an op-
portunity to be heard. This Sec
ton does not, however, make it
obligatory upon the commissioners
to cancel these licenses, but it
gives them discretionary powers,
that is to say, the right to cancel
or to refuse to cancel, according to
their sound judgment and dis
erection.
I'm other, words. it is my opinion
that the city commissioners have
the right and power to cancel and
annul, after notice as required by
law, the licenses of Frank J. Met
tier, John S. Hagen and Frank G..
Lorentz, or any of them, if in their
sound judgment and discretion such
course is advisable; but that it is
not obligatory upon the commits
sioners to cancel or annul any of
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