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

concerning his application or his
qualifications for holding license,
shall be guilty of a misdemeanor
and, upon conviction thereof, in
addition to other penalties inn
posed by law, all the rights and
privileges granted by such Ii
cense shall thereupon cease
This section has especial reference
to the license held by Peter Klages,
and the facts in his case as un-
derstand it, are as follows.
kiages License Void.
Mr.. Klages was arrested upon
January z, 1913, charged with the
offense of permitting a minor to fire.
Quent his saloon; to this charge
Mr.. Klages pleaded guilty in the
municipal court upon January Z,
1913, and was fined SIS, which fine
he paid.
Upon July /, 1913, a liquor Ii
cense was issued by the city to Mr..
Klages in pursuance of his written
application therefor dated May "a,
1913.
Section 1856, Statutes 1913, reads
as follows:
Upon any conviction for vio-
lation of any law or ordinance
relating to the sale of liquor
or the conduct of drinking
places, or upon any Judgment
FORGETTING his license bond, the
court shall cause to be filed with
the clerk of the board or coun-
Gil having power to issue IL
cense in the place for which
such license was issued GER
tificate showing the offence for
which conviction was had or
judgment rendered
The certificate of the municipal
court of Mankato showing Mr..
Klages' conviction upon January Z,
1918, of the above offense, was filed
with the city clerk upon December
20, 1913. This certificate states that
Mr. Klages upon January Z, 1913,
was duly convicted of such offense
and was fined SIS, which fine he
paid
The Material Facts.
The above are the material facts
in Mr.. Klages' case. AS | under
stand it, the minor in question in
Mr.. Klages' case was his own son
who, with the family, reside upon
the second floor of the building. l
also understand that Mr.. Klages APP
piled for the license in good faith
and believing that he had right to
so do. Also that he sought legal
advice and was informed that lie had
a right to have his license renewed,
If agreeable to the city commission
erS who also acted in good faith
and were advised that it was legal
and proper to issue such license and
Mr. Klages in such belief applied
for and received license and paid
the sum of $1,000 to the city.
Section 3139, Statutes 1913, reads
as follows:
"'No license shall be issued
place where such sale is for
hidden. Any license issued i'll
violation of tbs section, or to
any person who within one year
next preceding the issue thereof
has been convicted of violating
any law or ordinance regarding
the sale of liquor or the conduct
Of drinking places. or whose Ii
cense bond has been declared
forfeited, shall be void, and all
sales Hereunder Illegal.
License Without Authority.
Under the above sections, it is
my opinion that the license held by
Mr.. Klages is void that the city
of Mankato had no right or author
ity to issue him this license, under
the section last quoted, for the rea-
son that Mr.. Klages within one year
prior to the issuance thereof had
been convicted Of violating a law
or ordinance regarding the conduct
of drinking places.
The fact that the mayor Of the
city and the commissioners acted in
entire good faith in the matter, and
did not know that it was illegal to
issue license to Mr.. Klages, but
upon the contrary were advised that
it was legal so to do, and the fact
that Mr.. Klages also acted in good
faith and under advice from an at
torney other than his present at
torney, do not alter the situation.
The statute forbids the issuance of
a license to any one who has been
convicted of the offense specified
within enc year. At the time of the
issuance OF this license by the COM
missioners, the certificate of Mr..
klages' conviction in the municipal
court was not On file with the clerk
OF the council and the commission
erS did not therefore officially know
of his conviction. Neither was it
the intention of any of the com.
missicuers or of the mayor to evade
any law or do any irregular act.
These facts are ample to excuse all
parties concerned, including Mr..
Klages and the city commissioners,