The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1916-03-27
JUDGE STANTON
SETS APRIL II
FOR HEARING
Payment to Be Made Soon Under
Claims Allowed by City
Officials.
UNUSED PORTION OF
LICENSES ABOUT $4,000
Liquor Men Will Fight Case, it is Be-
ieved; Citizens Backing
Case.

Judge G. w. Stanton of the dis
trict court today ordered city off
Gals to show cause why permanent
injunction should not be ISSUED
against the refunding of unexpiret
liquor licenses.
Action has been brought by Edgar
G. McGregor through his attorney
Attorney Montreville J. Brown
against the City of Bemidji, the
mayor, the city clerk and city treas
urer and Thomas Mccarthy, George
A. Tanner, Matt Thome, E. K. An
derson, Andrew Dahl, F. E. Brink
man, J. E. Maloy, John Bye, Harry
Gunsalus and J. E. Groom, asking
that no refund be made on the liquor
licenses of the former saloon keep
ers in Bemidji.
Hearing April II.
Judge Stanton will hold a hearing
on the case April II.
At a meeting of the city council
held Sept. 81, 1915, it was decided
that claims for refunding of unused
portions of liquor licenses be allowed
and should be paid as soon as the
money. is available in the different
funds. The following claims for un-
used portions of liquor licenses were
allowed: Thomas Mccarthy $144.99;
George A. Tanner, $3758; Matt
Thome, $378.57; E. K. Anderson,
$500; Andrew Dahl, $685.; F. E.
Brinkman, $S61.91, all aldermen
voting "aye" with the exception of
Lair and Phillippi; J. E. Maloy,
$685.; John Bye, $163.33; Harry
Gunsalus, $397.39; J. E. Groom,
$144.99, all aldermen voting AYE"
with the exception of Moberg, Lair
and Phillippi.
In Behalf of Taxpayers.
Mr.. McGregor alleges that he is
a resident and taxpayer of Bemidjj
and that he brings this action on BE-
half of himself and all other tax
payers in Bemidji. He also alleges
that Thomas Mccarthy, George A.
Tanner, Matt Thome, E. K. Ander-
son, Andrew Dahl, F. E. Brinkman.
J. E. Maloy, John Bye, Harry Gun
salus, and J, E. Groom were all IL
censed to sell liquor in Bemidji, each
paying his 1000 license fee.
Brinman Closes.
The Federal government on Nov
30, 1914, issued an order closing all
the saloons in the city under the In.
dian treaty of 1856. Notwithstand-
ing the order, alleges Mr.. McGregor
the heretofore named liquor license
holders continued to operate their re,
spective saloons after that date by
opening up soft drink parlors" anG
continued through the lives of theil
licenses to sell at retail intoxicating
and malt liquors with the excep'
ton of F. E. Brinkman who discon
tinued the operating of his saloon or
the date of the order.
Claims Not Valid.
Mr.. McGregor alleges that thu
claims for unusued portions Of thu
liquor licenses presented to the cit!
council were not valid claims under
the law of the state and that the cit!
council allowed the claims in viola
ton of the law.
1t is pointed out that nowhere IL
the provisions of the Indian treat!
and Federal statuatory law is it pro
yided to be unlawful to sell intoxi
eating or malt liquors, the most tina
is or has been provided is that i
shall be unlawful to introduce O
to be in possession of intoxicating
liquor in Indian treaty country.
Can Sell Liquor.
So far as the laws of Minnesot
are concerned, Mr.. McGregor through
his attorney, Brown, alleges that
is lawful through the lives of the va
rious licenses to to engage in tn
business of retailing intoxicating
and malt liquors pursuant to the Ii
censes.
Demands Injunction.
Mr.. McGregor alleges that the pay
ment of the claims will be withou
authority of law, will be illegal an
unlawful and that he has no remed