The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-19

on a criminal charge shall prevent
the revocation of license
Must Have Hearing.
| This section gives no authority to
the mayor in the premises but EN-
powers the council to revoke a III
cense after proper hearing has been
had 1t leaves the matter, however,
to the discretion of the council to
revoke the license or not as they
deem just and proper Regulation,
not prohibition, is the policy of our
laws. and in considering this ques-
ton the council should determine
whether the cause of regulation re-
quires such revocation OF license or
not. For this purpose the council
should carefully consider the nature
of the offense, the evidence of the
offense, the character of the con-
victed party, the manner in which
his place of business is being con-
Quoted, the punishment already i'm
posed and all matters properly ap-
pertaining to the matter.
AS the question is one of the dis
erection of the council / have no
right to advise what should be done
in the premises. The members of
the council must consult their own
consciences and decide according to
what they think right, just and
proper under all the circumstances
Of the case.
What the Ordinance Says.
Thus far l nave only spoken of
the state laws relating to this mat
ter. Our ordinance passed August
26, 1912, Section Is reads as fol-
/ lows: Any license issued under this
ordinance may be revoked and made
void by the council after notice to
the licensee and opportunity to be
heard, upon proof of violation of
this ordinance or the laws of the
state regarding the sale of liquor
or the keeping of public drinking
places or of any condition of his
bond. Provided, however, the mayor
of said city shall have authority to
revoke and cancel for cause any
license issued under this ordinance
by serving written notice upon
the person holding the same that
such license is revoked and can
celled. and the same shall thereafter
be null and void and he shall notify
the council at their next regular or
special meeting thereafter of, the
cause of revoking and cancelling
said license The council may at
any regular or special meeting rein
state such Incense revoked by the
mayor by a majority vote of the
members, and thereafter the same
shall be valid until revoked and can
celled again; provided, said council
shall hear any person whose license
has been revoked by the mayor at
such time and place as they shall
see fit, upon an application to said
council for reinstatement of such
license by the party deprived of the
same as aforesaid, which applica-
ton shall be in writing and filed
with the city clerk within five days
exclusive of the first day after the
time of the revoking of such license
Left to Official Discretion.
What | have said about section
1852 Of the statutes also applies to
this section of our ordinance The
matter is left to the discretion of
the mayor and the council, and
should be considered from all sides
before action is taken and should
be determined in such a manner as
the mayor and the council deem
right and just.
AS l have already stated l have
no right to advise what should be
done in the matter. That must be
left to the good judgment. of the
mayor and the council. No law i'm
poses any duty upon them to re-
woke licenses for offenses like the
one we !, are considering. The only
duty imposed upon them is to use
their best judgment in the matter
considering all the circumstances of
the case.
Must Refuse License.
| further advise you that should
! the convicted parties apply for a
license next year it would be the
duty of the council to refuse the
same on account of such conviction
have noticed with great regret
that you have been wrongfully crit
icized in the papers / do not wish
to believe that such criticism pro.
ceeds from any ill will or evil in
tention towards you but rather from
what may be termed an enthusiast