The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1915-05-27
COURTS DECISION
Continued from Page One. this Section.

SOhtilueu Hon One, TINS section.
At the same session of the Com
mon Council the following resolution
was adopted:
Resolved, That it is the determin-
alton of the Common Council of the
| City of Yale that the Crysler House,
so-called, being on Main street and
being the place that Leslie Silver
! thorne has heretofore asked for IL
cense to conduct a retail liquor bust
ness, is in the residence district of
the City Of Yale and that the rejec-
ton of said Leslie Silverthornes ap-
plication, to engage in the retail
liquor business at the so-called Crys-
| Ter House, was on account of his pro-
posed place of business being in the
residence district of the City of Yale
and that the said Leslie Silerthorne
not having complied with the stat
utes of the State of Michigan in Sc
| curing the consent of all property
owners within three hundred feet of
said proposed bar to engage in said
retail liquor business and that said
application was also rejected on ac-
count of inaccurate, indefinite and
incomplete description of place of
business and for other reasons"
5.
Since May l, 1914, an ordinance has
been in force in the City of Yale
which provides that no person shall
engage in the business of keeping a
saloon without first having obtained
a license for that purpose from the
City Council, for which he is re-
quired to make a written application.
|
| plicant is required to pay to the city
treasurer the sum of two hundred
and fifty ($350.00) dollars. Such IL
cense expires by the terms of this
ordinance on the Both day of April
of each year.
Eight issues have been framed in
this cause. These issues are as fol-
lows, with the determination of each
issue by the court following the state
ment of the issue:
Issue No. Whether or not the
first application for a liquor license
filed by Leslie Silverthorne was con-
sidered and passed on by the City
Council of the City of Yale?
Determination of Issue No. 1.-The
first application of relator for liquor
license was not considered and pass
ed on by the City Council
Issue No. 2.-Whether or not the
location described in the second ap-
plication for license, filed by Leslie
Silverthorne, with the Common Coun-
ell of the City of Yale, is in the resi-
dence district of that city, this APP
plication having been filed by Leslie
| Silverthorne on the 22nd day of
April, 1915?
| Determination of Issue No. 2.-This
location is not in a residence district
of the City of Yale.
Issue No. 3.-Whether or not
there is in the City of Yale street
known as Andreae street, and its lo-
cation?
| Determination of Issue No. g.
There is a street known as Andreae
street This street runs westerly
from Main street, just north of the
Crysler House, and thence northerly
to First street.
Issue No. 4.-Whether or not the
application of Leslie Silverthorne filed
on the 22nd day of April, did prop
erly and definitely describe the place
of business in which it was proposed
| to conduct the said retail liquor
| business.
Determination of Issue No. 4.-This
application properly and definitely
describes the place in which relator
| proposes to conduct a retail liquor
| business.
Issue No. Sat the time it became
and was the duty of the Common
Council to have acted upon the appli-
cation of Silverthorne, was there any
ordinance then in existence in the
City of Yale which attempted to re-
strict, or did restrict, the limits in
which liquor could be sold
Determination of Issue No. 81
There was not any ordinance of this
kind then in existence.
Issue No. eff there was such an
ordinance, was that ordinance rea-
sonable in its terms, taking into con-
sideration the character of the COM
munity in which the building proposed
to be used as a saloon by Silver
thorne is located?
Determination of Issue No. 6.-The
ordinance passed on May 3, 1915, to
go into effect on May 20, 1915, which
ordinance has been given under
paragraph No. of this finding, is
reasonable in its terms, taking into
consideration the character OF the
community in which the building pro-
posed to be used as a saloon by re-
lator is located.
Issue No. 7.--tf there was such an
ordinance, was IL passed in such
manner as to comply with the laws OF
the State of Michigan, or is the or
dinance regular so as to confer any
Jurisdiction upon this court to give
it the right to restrict the limits
within which liquor may be sold
within the City of Yale?
Determination Of Issue No. 7.-The'I
ordinance was passed in compliance
with the laws of this state.