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

that said Frank G. Ilorentz pleaded
guilty to said charge and upon No
vember %, 1913, was duly convicted
of said offense ana fined S25
which fine he paid. i
THE sections of the statutes hay
ing especial bearing upon this mat
ter are:
"'Section 314S-a. 1t shall be
unlawful for any person, except
licensed pharmacist as aforesaid,
to sell, give, barter, furnish or
dispose of, in any manner, either
, directly CT indirectly, any
spiritucus, vinCus, malt or fer
mented liquors in any quantity,
for any purpose, whatever, to
any minor person, or to any
pupil or student CT any school
or other educational institution
in this state,~ or to any intoxi-
Gated person., or to any person
Of Indian blood, or to any pub
lie prostitute.
b. It shall be unlawful for
any person except a licensed
pharmacist as aforesaid to sell,
give, barter, furnish or dispose
Of in any manner either directly
or indirectly any spirituous, vim
Gus, malt or fermented liquors
in any quantity for any purpose
whatever, to any spendthrift ha-
bitual drunkard, or improvident
person within one year after
written notice by any peace Of
ficer, parent, guardian, master
employer, relative, or by any
person annoyed or injured by
the intoXication of such spend
thrift, habitual drunkard or i'm
provident person, forbidding the
sale of liquor to any such
spendthrift, habitual drunkard
or improvident person.
Whoever shall in any way
procure liquor for the use of
any person named in. this sec
ton shall be deemed to have
sold it to such person. Any
person violating any of the pro-
visions of this section shall be
deemed guilty of gross mis-
demeanor.'
Unlawful to Sell Minors.
Subdivision "a" of this section
makes it unlawful to sell liquor to
pupils, etc, with or without
notice to the saloon keeper.
Subdivision %" makes it unlaw
full to sell to habitual drunkards
etc. after notice.
ANY violation of the section is q
gross misdemeanor.
Section 317S reads as follows:
Every person selling liquor
to minor, habitual drunkard,
or person under guardianship,
after written notice by parent,
husband, wife, child, guardian
master or employer. of such mi
nority. habitual drunkenness, or
guardianship, or in the case of
an habitual, drunkard after writ
ten notice by the mayor, chief
OF police or any member of the
council of the municipality in
which such habitual drunkard
resides, or member of the county
board of the county in which
such habitual drunkard resides,
and within one year after such
notice in case of an habitual
drunkard, and in other cases
during the continuance of the
minority, or guardianship, shall
be punished by a fine of not
less than fifty dollars, nor more
than one hundred dollars, or inn
prisonment in the county Jail
for not less than thirty days
nor more than inety days.
This section makes it an Of
tense to sell to a minor, habitual
lrunkard, ETC.. after notice.
Section 1851 reads as follows.
Every license shall become
void upon the conviction of the
licensee of selling or furnish
ing intoxicating liquor to a mi
nor, habitual drunkard, spend
thrift, or improvident person,
after the notice forbidding such
sale, as in this chapter pro-
yided'
at is under this last section that
It is claimed that the license issued
to Frank G. Lorentz is void. II
will be noted that this section pro
Fides that every license shall be
come void upon the conviction OF
he licensee of selling liquor to a
minor, habitual drunkard, etc. after
he notice forbidding such sale as
N this chapter provided
"Inasmuch as the state law makes
an offense to sell to minors, ha-
Ditual drunkards, ETC., after notice
md such section is included in the
same chapter with the other sec
ions, to-wit, Chapter 16, even
though Section 314S makes it an
to sell to minors with OF
without notice, it is my opinion
that section 1851. in the use of the
word conviction refers to a convic
ion under section 217S, or at the