The Yale expositor., 1915-05-27
County, THURSDAY n, 1915
COURTS DECISION.

SSSAtA ~ DASA6AVAs
STATE OF MICHIGAN-The Circuit
Court for the County of st. Clair
Leslie Silverthorne, Relator,
VS..
George Mcintyre, George Gardner,
William Ernest, Elijah Bricker,
Thomas u. Wharton, r. Bruce
Lothian, and Aaron Windsor, the
Mayor and the Common Council
of the City of Yale, Respondents.
This is a hearing upon an order is
sued by this court requiring the May
or and the Common Council of the
City Of Yale to show cause why a
peremptory mandamus should not is
sue requiring them to meet and re-
consider the action formerly taken
by them approving the application
and bond of James Wesley Harring-
ton to engage in the retail liquor
business in the City of Yale, and to
vacate and set aside the same, and TO
reconsider REALTORS application for
retail liquor license, and if found
without legal objection to approve
the same. An answer has been filed
by George Mcintyre, Mayor of said
city, joining with him two of the six
aldermen of said city; a separate
answer has been filed by the remain
ing four aldermen. Issues have been
framed and testimony taken in open
court.
FACTS.
1.
There is no dispute regarding the
material facts in this case. The city
of Yale is an incorporated city of
the fourth class under the laws of
this state. Under the laws relating
to the sale of intoxicating liquors, its
population, as shown by the last
United States census, entities it's
Common Council to grant two and
only two applications for the sale of
intoxicating liquors at retail. Prior
to the 14th day OF April, 1915, Jerry
b. Paisley, James Wesley Harring-
ton and the relator, Leslie Silver
thorne, filed applications with the
Common Council Of the city OF Yale,
asking that they be granted the priv
ilege of carrying on the business Of
selling and offering for sale intoxi-
eating liquors at retail within the
the said city for the year commence
ing May 1, 1915, and ending on April
30, 1916. These applications were all
accompanied by properly executed
bonds. At meeting of the Common
Council for said city, held on the
14th day of April, 1915, the applica-
tons of Jerry B. Paisley and James
Wesley Harrington were granted ana
their bonds approved. No action was
taken upon this application and bonds
of relator at this time or later. The
relator possessed the legal qualifica-
tons required by statute of person
to engage in the sale of intoxicating
liquors at retail within this state.
James Wesley Harrington, one of the
said applicants, did not, within two
week from the 14th day of April,
1915 file his approved application
and bond with the county treasurer
of st. Clair county, and pay to the
said county treasurer the license fee
required as provided by Section 4, of
Act 291, of the Public Acts of 1909.
2.
On the 22nd day of April, 1915, the
relator Leslie Silverthorne, caused to
be withdrawn from the custody of the
city clerk of the said City of Yale,
the application heretofore filed by
him, and on the same day filed an
other application in proper form with
said city clerk, asking that he be
granted the privilege of carrying on
the business of selling and Offering
for sale Intoxicating liquor at retail
within the said City of Yale for the
year beginning May /, 1915, and end
ing April 80. 1916. Said relator did
not withdraw his properly executed
bond which he had filed prior to April
IA, 1915, but left said bond with the
city clerk. On the Both day of April,
1915, the said James Wesley Har-
rington filed another application in
proper form with an accompanying
bond duly executed with the city
clerk of the City Of Yale, asking that
he be granted the privilege of carry
ing on the business of selling and
offering FOR sale intoxicating liquors
at retail within the said city for the
year beginning May 1, 1915, and end
ing April 80, 1916.
3.
On the 30th day of April, 1915, the
Common Council of the said city of
Yale, at a special session, rejected
REALTORS application filed on April %,
1915, and approved the application
and bond of James Wesley Harring-
ton filed on April 30, 1915.
A.
At a regular session of the Com
mon Council of the City of Yale, held
on May 8, 1915, the following ordin-
ance was passed:
An ordinance regulating the location of sa-
looms In the city of Yale Michigan.
The Common Council of the City of Yale Ordains:
Section /. No person shall engage In the bust.
ness OF saloon keeping In any house or place
within the limits OF the City Of Yale, without
FIRST having obtained license for that purpose
from the Common Council.
Section 2. All bars, hotels, saloons and other
In the City Of Yale, shall be located on either
side of Main street betWeen North and Wood