The herald-advance. (Milbank, S.D.) 1890-1922, 1914-02-27
LEGALLY DEFINED.

LEGALLY DEFINED.
City Council Or Town Board 10 Not
Bound by Petition Election.
Pierre.-That a city council or town
board is not legally bound by an cleo
ton to select saloon men, when such
lection is called upon mere petition,
and on a referendum vote of a definite
action on the part of such council, is
the holding Of the supreme court in an
opinion OF Justice Whiting, in the cas-
OF State * rel Sam Alberts VS.. 10
seph Noethe, mayor and the council
of the town of Elkton. Under the law
the town was entitled to but two sa-
looms, and when three applicants came
before the council, after license had
been voted, a petition was presented
to the council asking for an election
for the purpose of choosing two OF the
three. The election was authorized by
the appointment of election officers,
and the result showed Sam Alberts,
116 votes; p. H. Connolly, $50 votes,
and C. S. Paulson, 81 votes. The coun.
Gil after such election proceeded to
grant licenses to Paulson and Connolly.
Alberts took his case to the circuit
court, which held that by the accept
ance of the returns Of such petition
election the council in fact accepted
the vote of the people and was fore.
closed from considering any other
names than those securing a majority
at the election. The lower court is
reversed, as the election was not called
to refer a resolution or an ordinance,
the court saying: There is no cleo.
ton unless the proposed ordinance or
resolution is not adopted by the coun.
Gil" and, "As to whether there rested,
after the result of the election had
been decided, a moral duty upon the
respondents, appellants here, to grant
a permit to relatOr and Connolly, is a
matter with which the court has no
concern-certainly no legal duty was
imposed upon them" They also held
that the effect of such petition cleo.
ton is the same as ii a mere petition
had been presented to the council.
Order Holes Filled Up.
Pierre.--The town officials OF Bixby
township, Perkins county, are tack
ling a little tax problem of their own.
which will no doubt meet with hearty
approval, but might not stand the test
of a suit. They. in company with all
others locating in a new country, look
upon the open hole dug for a we'll upon
nv ~ Nj n1aivn uyhorO the title
owner has left the country, to be not
only a public nuisance, but a publ:
menace These open holes have been
the cause of loss of wandering live
stock in many cases, and are a source
Of real danger to the traveller who
might wander from the beaten trail in
the night, and falling into one OF these
dition, the officers of that town have
ordered the road officers to GO upon
the tracts where such dangerous con.
ditions exist and fill the holes. taxing
the expense of such work against the
property. They also attempt to abate
another dangerous condition by order.
ing the road officers to roll up all
lOOS0 UdIU 1 \ ulS diOu6 Tx hich
ways where much Of it is down on &C.
count of the inefficient manner of put.
ting up fences, and which is a danger
to those who drive along the highways
Spurious Linseed Oil Hit.
Vermillion.-"Passage of the bill re
Gently introduced in congress by Sena-
tor Kenyon Of Iowa, which is intended
to control interstate traffic in linseed
oil, would be of great assistance to the
various state authorities in protecting
the consumer against spurious prod.
ucts,' said Food and Drug Commission.
er Frary here. This bill, known as
senate file 1926, is modelled after the
national food and drugs act of June 80,
1906, and was introduced by Senator
Kenyon at the request OF food n
drug officials in a number OF states.
It takes a step in advance Of the food
law, however, In that it establishes
standards of purity in the law while
the food law leaves this to regulation.
The standards specified are the same
essentially, as required in the South
Dakota law, so that the federal law
would be a splendid thing for US. 1t
would enable us to catch some unscru.
pulous interstate shippers who now
sell directly to the consumer and
thereby are practically out OF our
reach. The proposed law provides for
cooperation between state and federal
departments in enforcing Its provt
sion."
Must Show Damages.
Sioux Falls.-George f. Adams, VINO
sued the Sioux Falls Journal. a weekly
PAPER for 5000 damages In q libel
action started over a year ago, lost 10
his appeal to the supreme court, and
~.A E...aiaI hill nf narticulara.