Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1913-07-01
LICENSE ISSUED WHEN COUN-
GIL VOTED IT; HENCE IN
JUNCTION DOESN'T AP-
PLY, rs OPINION.
CIVIL COURTS POWERLEsS
Council Entirely Within It's Rights
Declares Attorney General Craw-
ford; Only Body to Pass Upon
Population Question; May Adopt
ANY Means Desirable.

Following the receipt by Mayor
VanOrsdel, of an opinion from At
tomey-General Crawford. in which it
was held that the municipal authori-
ties are alone responsible for the con
trol of the liquor traffic, and that the
city council, as the city law-making
hodv is solely the judge of whether
or not the city has sufficient popula-
tion. under the ordinance, to permit
of the issuance of more than two sa-
loon licenses, and holding, further,
fhat the action of the council IN
granting the Chitty saloon license
was final, and the mere filling out.
by the city auditor, of a license form,
simply clerical matter, the Chitty sa-
loon opened up for business last Fri
day morning, Notwithstanding the in
junction granted by Judge Galloway
restraining City Auditor Gregory
from issuing said license.
License Was Granted.
AS stated in the foregoing, the at
torney-general says: GAS a matter
of law | beg to say that, in my opln-
ion. the license was already granted
when the city council voted to issue
the same and entered it upon their
records and minutes. " Here he cites
several authorities to prove his po-
sition. "Nothing remained for the
applicant or the city to do. The APP
piication was made in due form, the
money paid, the city council passed
upon it, granted the license, approx
ed the bond, and it was duly entered
in the records. That, under the fore
going decision constitutes a license,
Council Sole Judge.
Referring to the question OF the
number of inhabitants within the
corporate limits of the city, the At
torney General further says: There
is no doubt but the city council must
determine whether there is a sutlic-
lent number of inhabitants to permit
the extra license to issue, and that
matter can be determined III any
manner the council deems wise.
do not think the last census governs
as a matter of law, and that the ac-
tion of the council in determining
that the city contains at the present
time a sufficient number of lnhaDlt-
ants to permit of the extra license Is
final, as far as the applicant is con,
cened, at least, and that he would
be protected and fully authorized tc
proceed under his license. ="
Home Rule Law Governs.
That the provisions of the Home
Rule amendment governs in this ease
is the opinion of District Attorney
D. H. Upjohn, who declared that the
matter was entirely up to the city au
thorities and that his office woulc
take no part in the matter IN any
way, whatever.
"At the general election IN l9l'
the people of the state OF Oregon
passed the so-called 'hOme rule
amendment which provided among
other things that cities and towns
are given 'the exclusive power to IL
eenSe. regulate, control or to suppress
Or prohibit the sale of intoxicating
liquors this being subject only to thu
provisions of the local option law
stated District Attorney UpJohn. =.
This amendment to the organl'
law of the state, voted upon by tn
sovereign people, in my opinion Is ab
solutely final. 1t repeals by impllca
ton statutory provisions relative L
liquor licenses which may be still i'm
gering in the Oregon code. The stat
has no jurisdiction over the sale o
liquors within the limits of incorpor
ated cities and towns save onl.
where the police power of the stat
Is being intruded upon.
Position Upheld. ..
The Attorney General in IN
opinion, in a general way, entlrel,
upheld the position which l origin
ally took in filing a motion for a mol
suit in the case of Walter J. Coy an.
The State of Oregon. exrel, Gale :
dill. District Attorney. As l state
at The time the state of Oregon ma
DO night TO direct a prosecutor
Z AGAINST James Chitty, even though
might be assumed that he Is wlthou
liquor license. / am inclined L
asree with the opinion Of the AttoI
1ey General that the license has 4
laet been issued. even though the pa