The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-19
Mayor Has Power
To Revoke License
From Thursdays Daily.

license if there is cause" said May.
or Meyer this morning, when seen
about the trouble that has arisen be-
cause the licenses of r. ]. MettIer
and John Hagen have not been re-
voked.
"a tell you have the authority
and ! want you to say So" he said
to the representative of The Free
Press as he unroIled bundle Of
papers and picked out city ordi-
nance that covers the present situ-
alton.
The ordinance that Mr.. Meyer
quoted from went on to say, that
the mayor of the city has the pow
er to revoke the licenses if there is
cause and that the council gathered
in regular session, can reinstate
the licenses if they find that the
causes for revokins are not suffi-
cient
well what do you intend to do
about the matter?' asked the re-
porter.
81 have asked the city attorney
for an opinion on the subject and
the matter rests entirely with the
report that he hands me, if the law
says revoke the licenses, they will
be revoked without waiting for the
coming meeting of the council, il
the law does not say revoke then |
will not do anything in the matter"
One of the ministers of the city
said today that the clergymen Of
the city would certainly back up
Captain Buyer in his fight to put a
stop to the Illegal sale of liquor in
Mankato saloons.
Betting On the Outcome.
There is considerable speculation
as to who the man in ambush is.
That Captain Buyer was given con-
siderable prodding to call for the
revocation Of the two saloon Ii
censes, there seems to be no doubt.
1t is said that two well-known gen.
tlemen in the city have a wager up
on the outcome of the fight. Is
one of these betters the man in
ambush?" That is question asked
by those who are aware of the bet.
The Law in the Premises.
City Attorney Arthur Schaub has
furnished Mayor Meyer with the fol-
lowing:
Nankato, Minnesota, December II,
~ NToyo, Mayor ('itv
of Mankato. Dear Sir: In re-
spouse to your request for an opin-
ion upel the question of reyokiDg
the licenses of the saloonkeepers of
this city recently convicted of an
offense against the liquor laws beg
to state: l have been busy in court
ever since you made your request
and have had no time or oppor-
tunity of looking into the matter
until now
Section 3151, General Statutes for
1913, provides as follows: Every
license shall become void upon the
conviction of the licensee of selling
or furnishing intoxicating liquor to
a minor, habitual drunkard, spend
thrift, or improvident person, after
the notice forbidding such sale, as
in this chapter provided.
What Law Provides.
Section 317S provides az follows.
Every person selling liquor to a
minor, habitual drunkard, or person
under guardianship, after written
notices by a parent husband, wife,
child, guardian, master or employer,
of such minority, habitual drunken
ness, or guardianship, or in the case
of an habitual drunkard after
written notice by the mayor, chief
of police or any member CT the
council of the municipality in which
such habitual drunkard resides, or
members of the county board of the
county in which such habitual drunk
ard resides, and within one year
after such notice in case of an ha-
bitual drunkard and in other cases
during the continuance of the mi
nority, or guardianship, shall be pun
ished by fine of not less than fifty
dollars, nor more than one hundred
dollars, or Imprisonment in the
county Jail for not less than 80
days nor more than 80 days.
Claips Law Does Not Apply.
1t is very plain that Section 3151
refers to conviction under Section
317S, that is to conviction of a
sale to a minor or habitual drunkard
after notice has been given. As none
of the saloon keepers in question
were convicted of an offense under
Section 317S it must be evident to
any layman that Section 1851 does
not apply to these cases.
The section that does apply is
section 1852 general statutes of
1913 which 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 opportuni-
ty to be heard, upon proof of vio-
lation of any law or ordinance re-
garding the sale of liquor or the
keeping of public drinking places,
or of any condition of his bond In
such case il the licenSee is the