The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-26
.aThe question to consider in the

/ ton 3178, Statutes 1913, that is
was he convicted Of selling liquor to
an habitual drunkard after notice?
The certificate Of conviction filed
! with your honorable body plainly
shows that he was not SO convicted.
He was charged with a violation of
our city ordinances and the question
Of whether notice had been given or
not was immaterial in that proceed
ing and did not enter into the case
our Ordinance not providing for any
such notice.
ct is very plain to me, therefore,
and | give it to you as my opinion
that Section 1851 does not apply to
the Lorenz case and that the Sec
ton that does apply is Section 1852
which makes it discretionary in the
council to revoke or not revoke the
license as they deem best in their
good Judgment after carefully consid-
ering all the circumstances of the
CT Sc.
"Nhe Klages case comes under an
entirely different law and the Section
applicable to it is Section 3139 which
is also cited on the last page of the
attorney generals opinion. There
are great many circumstances sur
rounding the Klages matter which
from a moral standpoint would go
i far to excusing him as is set forth,
in the certificate of conviction filed
with you. l very much doubt, how
ever, whether we have a right to go
back of the conviction in considering
| whether the license is void or not
l am CT the opinion that notwith-
standing all the extenuating circum-
stances this license is void.
another question which has arisen
is whether the members of this coun-
Gil or any of them can be deemed
blameworthy for issuing this license
J to Mr. Klages. The section which
| applies to this case is $40 which
makes it wrong for member of the
council to knowingly vote, for an il
| legal license. 1t is plain that there
must be knowledge either official or
personal of facts which would make
the license illegal. That there was
no official knowledge must be adj
mittcd by al as there was no certifi-
cate OF conviction filed with the
1 council at the time the license was
| issued. | am also convinced that
There was no personal knowledge on
the part OF any of the council that
Mr.. Klages had been convicted OF
on offerse against the liquor laws
The only Kind of an offense which
could prove " him from securing a
license. No one can therefore justly
blame the council in this matter.
refer your honorable body to the
opinion of the attorney general which
have seen ard the opinion of A. r
Pfau. Jr.. which ! have ont yet seen
at the time of writing this opinion
Yours respectfully Arthur Schaub
city attorney.
! Attorney A. r. Pau, Jr, submitted
to the city council this morning the
:. following opinion which covers the
licenses of Peter Kiages, John S
Hagen, Frank G.. Lorentz and Frank
J. Mettler. Mr.. Pau virtually agrees
with the opinion which City Attor
ney Arthur Schaub received from At
torney General l.. A. Smith, ant
which was published in The Free
Press Friday evening. Mr.. Pfal
holds that the license held by Mr.
Klages is void and that the license:
held by Messrs. Mettler, Hagen ant
Lorentz are not void, but are void
able. In other words, the licenses
can be revoked if the council should
see fit to do SO, after giving the
parties a hearing. Mr.. Pfau's opin
len in full is as follows: -
ITO the Honorable, the Mayor ant
City Commissioners OF the City O
Mankato: The questions submitted
to NE at your last meeting upor
which you desire legal information
concern, as l understand it, thu
i. liquor licenses issued to Pete
Klages, John IS. Hagen, Frank G
Lorentz and Frank J. Mettler, and
as | understand your inquiry, you
desire to know definitely what your
rights and duties are in referenc,
u to canceling or refusing to canoe
these licenses and whether you ART
legally bound to cancel any or al
oi them or whether it is discretion
cry with you so to do
In order to obtain clear under
standing CT the situation, it is ad
visable to quote certain sections O
cur statutes which have direc
bearing upon these questions.
Reference to kiages License.
; Section 313S, General Statutes o
Minnesota, 1913, reads as follows:
"'No license shall be granted
to any person of known bad
character; nor to the keeper Of
any house Of prostitution or
place frequented by prostitutes
or other disOrderly persons; nor
to the keeper Of any gambling
house or place where gambling
III any form is allowed; nor to
any person who has within one
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