The herald-advance. (Milbank, S.D.) 1890-1922, 1916-02-18
Unique Case at Aberdeen.

The question of whether or not 4
city organized under the commission
plan of government under the state
laws has the power to pass ordinances
prohibiting the sale of liquor within its
corporate limits will be the issue in
a case to be brought before Judge
Bouck at Aberdeen on February q,
the opening of the spring term of cir
cult court in Brown county. This was
the new turn taken by the attorneys
for the defense in the five cases
brought by that city against local
druggists for selling intoxicating liq-
uors as a beverage. and was brought
about when Judge T. l.. Bouck issued
an alternative writ of prohibition on
Judge Crane of the municipal court
preventing any further action by him
until the question had beer decided
by him. Upon the arrest of the five
defendants in question on complaints
drawn up under the provisions Of the
city ordinance, the defendants entered
demurrers both as to the jurisdiction
of the municipal court to try the cases
and also as to the rights of the board
of commissioners to pass ordinances
prohibiting the sale Of liquor. In the
demurrers it wa set forth that the
state la s gave MUNICIPALITIES organ.
lied under the commission plan a right
to restrict the sale Of liquor but not
to prohibit it. The court overruled the
demurrers, refused to grant a stay
Of procedure until the matter was test
ed out in circuit court, and forced the
defendants to plead to the charges.
Pleas of not guilty were entered. The
defendants thereupon took the matter
before Judge Bouck in the form of
an affidavit in which the complaints,
city ordinances, state laws governing,
the procedure thus far in the cast and
other facts were set forth. On this
affidavit Judge Bouck issued an alter.
native writ OF prohibition, the argu.
ments on behalf of the demurrers to
be taken up at the converting Of court
next week. This will be an issue OF
genera. Importance all over South Da.
kota, inasmnch as a precedent will
have been established as to the limit
Of power of a board of commissioners
under the state law. The case will un.
doubtedly be appealed to the state SUI
preme court by whichever side loses in
the matter before Judge Bouck.
Former Mayor Loses Case.
Judge Trip Of the state circuit
court at Sioux Falls, has rendered an
important decision in a case involving
the return of unused saloon license
money where saloons have been put
out of business before the expiration
of the period for which licenses had
been paid. The case decided by Judge
Trip involved the action of the city
council of Centerville in voting to re
fund to two saloon men the unused
portion of license money which they
had paid the city. Several years ago
Centerville voted on the saloon license
question, but the question was submit.
ted on the regular city ballot instead
Of a separate ballot, as provided by
law. After the election the case was
referred to the state supreme court,
which after some delay ruled that the
election was void. In the meantime,
however, license having carried on
the face of the returns two different
applicants were granted licenses to
conduct saloons. When the supreme
court held the election void the sa.
looms had to go out Of business and
the proprietors applied to the city
council for a refund of the unused
portion Of the license money they had
paid the city. The city council or.
dered that this be done and refund
warrants were ordered drawn. Before
they could be delivered to the two ap.
plicants objection was made by W.. E.
Eye. who had just completed his term
as mayor of Centerville, and he OBJ.
tanned an injunction restraining the
| city authorities from turning over the
refund warrants to the former saloon
men. Judge Trip recently heard ar.
guments on the d~issolving Of the in.
junction and now has rendered a de-
cision in which he sustains the action
of the city council of Centerville and
d%issolves the Injunction. 1t is report.
ed that former Mayor Eye will carry
the case to the state supreme court
Ol Ola 0ppCol LIZ dSJlOl VI JuuS0
Trip. At Yankton and other places
which went dry the saloon men were
refunded their unused license money
no objection being made.
A Tax Decision.
UNFOLDING the decision Of the
circuit court. the supreme court
hO sustained the contention OF the
Hanten Bond company of Watertown
VS.. the Codington county board Of
equalization, that the county commits
siOners have no authority to raise or
lower the assessed valuation of indi-
vidual pieces of property after ap-
praised by the assessor, but that its
power Is limited to raising or lowering
the assessment of the entire class or.
classes Of property. It has always
been assumed heretofore that the cou
ty boards had the right to raise or
lower individual tracts or parcels Of
| lands. and that has been the practice.