The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-08-03
NO INTENT TO QUIT PLACE
Court Holds That Conditions Do Nos
Bring Place Into Category Where
Forfeiture of Rights Would Hold
Mayor VIII Probably Sign.

John Neubauer will probably re-
open the saloon at the north limits of
the city as Judge E. B. Belden in the
Circuit Court this morning handed
down an opinion in which he declared
that under the action of the council
Neubauer was entitled to a license
signed by the mayor. AS Mayor Pfen-
mig declared from the outset that his
only objection to the license was the
fact that the city attorney held that
the mayor had no right to sign it, it is
expected that following the advice of
Judge Belden, he will at once sign the
license and that no further effort will
be made to prevent the re-opening
of the saloon. The order of the court
is not an order for temporary writ
of mandamus and the court does not
go into the elaborate argument made
by the attorney for Neubauer or the
city attorney. In his opinion Judge
Belden says:
81 think the facts and circumstances.
of this case entitle the relator to have
The license in question granted by the
Common Council of the city of Keno
sha, signed by the mayor, and issued.
1t is clearly not the intention of the
relator to abandon or discontinue the
business in question, nor do the circum-
stances bring the case within any Of
the conditions which work a forfeit
Of his rights. -
The Interpretation of the law by the
court is not the Interpretation which
has been put upon the statute by the
local attorneys and it is just possible
that the matter will reach the
Supreme Court for a decision.
cit was not the intention Of the
mayor to block this license if the coun-
ell had right to issue it." said City
Attorney Slater this morning. "The
mayor is out of the city today but he
will probably sign the license on his
return and then If any of the parties
interested in the matter desire to go
farther into the matter they will have
chance. Any further action in the
matter should be taken by an inter
ested property owner. The court has
decided that Neubauer is entitled to
have a license signed by the mayor and
the mayor is not going to contest this
court order so far as I know"
Some of the members of the council
are still of the opinion that the matter
should be carried to the higher court
in order that final decision be secured
in the matter as the question is one
which may effect action Of the council
on other saloon licenses in Kenosha in
future years. Several places have been
refused licenses by the council and the
license right has been held dead +" by
council license committees. Just what
the status of these places would be un-
der the decision of the circuit judge is
matter of considerable interest.
Brewing companies have spent eonsid-
cradle money rebuilding some buildings
to which licenses have been refused
and it is possible that the officials of
these companies will insist on taking q
flyer to see if licenses can not be Sc
cured for them. The decision opens D
big field for litigation.
While property owners in the Neu-
bauer saloon neighborhood protested to
the license committee against renew
al of the license it is not probable that
any of them will seek to go into court
to oppose the license further.