The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1918-07-04
CITY HAS NOT LOST
RIGHT OF APPEAL
Continued from Page i.)
Continued from Page j.

Gunderson to Mr.. Kells under date of
July 3 is self-explanatory and will dc
much to clear up the muddled atmos-
phere in connection with the case:
L. l.. Kells, Esq,
Attrney at Law,
Sank Centre, MINI.
Dear Sir:
In relation to the status of the
election contest in the City of Sank
Centre, Minnesota, involving the local
option election held in that city dur
ing the last spring the facts are as
follows:
Up to that time Sank Centre had
been what we call wet city; that is,
the city council had the power to
grant licenses for the sale Of intoxi-
eating liquor. At said election the re-
turning board certified that there was
one majority against license. The
affect of this election and certificate
would be to annul all licenses granted
by said city council, and the city
council would thereafter have no pow
er to grant licenses until the result of
said election had been in some manner
reversed, either by another election at
the next annual meeting or by an
action of the court.
The saloon keepers duly instituted
a contest and the matter was heard
before Judge Roeser and Judge Roeser
found that there was a tie vote, and
consequently the no-license ticket had
not carried. Judgment was entered on
this filing Immediately on April %,
1918. The effect of this judgment was
to annul and set aside the finding of
the election board, and the licenses
Heretofore granted again became
operative, and the result would be the
same as though no election had been
held.
The result as certified by the election
board was operative from the time
that it had been rendered by the cleo
ton board until the judgment of the
district court, and the contest would
not operate or stay or in any manner
affect the force of that certificate. But
when the Judgment was entered, that
annulled the certificates, which rein
stated the, licenses. The only remedy
the city would have thereafter would
be either to refuse to grant any Ii
censes when the old license should ex-
pire or else to appeal from the judg-
ment declaring the election a tie.
understand that the city council de-
cided to take an appeal from the judg-
ment. This they can do at any time
within six months firm the date of the
rendition Of the judgment.
To take an appeal it is necessary to
get a transcript Of the evidence and
proceedings, which has been done, and
to serve the same on the counsel for
the saloonkeepers,with notice to have
the case settled before the Judge, and
also to serve on the saloon keepers
counsel notice of appeal. This no.
tice of appeal can be served at any
time within six months from the date
of the rendition of the judgment. The
proposed case should be served within
forty days from the date of the
renition of the judgment unless an
extension of time is given.
When I was at the Gleiwood term
of court, / made arrangements with
Mr.. Ormand for more time in which
to serve the proposed case, and as
soon as the same can be looked over
and everything gathered together, the
case will be served and notice of ap-
peal will be served. It is not custom
airy to serve the notice of appeal be-
| fore the case is settled.
Next, what is the affect of the APP
peal OF. serving the notice Of appeal
and perfecting the appeal upon the
| judgment? The serving Of the mo-
fice az aDpeal IN this case has no effect