The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1918-07-04
CITY HAS NOT LOST
RIGHT OF APPEAL
LICENSE CASE DECIDED TOO
LATE TO GET INTO SPRING
TERM SUPREME COURT.
MUST WAIT until OCTOBER
COUNCIL VOTES TO DROP CASE
AT LAST MEETING-MAY
RECONSIDER.

During the past several days there
has been much discussion about town
relative to the proposed appeal by the
City Of Sank Centre against the de-
cision of Judge Roeser by which the
apparent dry majority of two at the
recent city election was set aside.
There has been considerable critic
ism directed largely toward City At
torney Laurel Kells, the allegation is
said to have been made in some in
stances that Mr.. Kells must have re-
ceived sums of money for the default
in the matter. The sums were placed
all the way from $50 to $500.
The Herald has Investigated the
case thoroughly and has arrived at the
conclusion that Mr.. Kells has been
done grave injustice as the facts do
not bear out the allegations in any
particular.
Under the law the party appealing
has forty days after the filing of a
decision to file notice of appeal. At
the request of committee represent
ing the dry sentiment C. j. Gunderson
of Alexandria was named assistant
city attorney in this case. City At
torney Kells had a portion of the case
upon which to prepare the Settled
! Case" which must be filed with the
notice of appeal, while Mr.. Gunder-
son handled the balance of the case.
When the decision of Judge Roeser
| was handed down it was too late to
get the case before the April term of
the Minnesota supreme court, conse-
uuently it was bound to await the
October term. When he saw that he
was not going to have the Settled
Case prepared within the forty-day
limit Attorney Gunderson stipulated
with Attorney Ormond of the Wet
forces for extension of time. This is
not an unusual procedure in legal mat
tiers.
However. four or five days before
the 40 days expired Mr.. Kells got in
touch with Mr.. Gunderson and asked
him If the notice Of appeal had been
fled. He was Informed that it had
not, but that the matter would be at
| tended to.
There appears to have been a well
| grounded impression among the peo-
| pie that the city council could not
grant license for the sale of intoxicat-
| ing liquors pending an appeal in this
case. In a letter from Mr.. Gunder-
son to Mr.. Kells under date of July
3, published as part of this article,
this phase of the question is fully ex-
| planned.
At Friday evenings meeting of the
city council at which time the licenses
for the sale of Intoxicating liquors
were granted, the records show the
following:
alderman Halverson stated that
there was considerable dissatisfaction
among the number of people who were
actively interested in the liquor license
contest, on account of the delay in
taking tn eappeal. And in as much
as this case had not beeh carried up
promptly, he thought the sentiment
fthese citizens was in favor Of
dropping the case and saving further
expense. He moved that the City
Attorney be instructed to drop action
in the appeal case. Alderman Sulli-
van seconded the motion, and Presi-
dent Hillerud suggested an adjourn
ment for the consideration of this mo-
tin until the City Attorney returned
home. However, the motion was put
to vote and carried by all voting Aye,
nays, none"
The Herald editor made the state
ment last April when the matter was
being discussed that it was too late
to get the case before the April term
of the Supreme Court; that it would
be October before the case could be
presented to the court and that it
would be possible for another election
to roll round before the court decision
was handed down.
In conversation with City Attorney
Kells Wednesday afternoon he made
this statement of law and fact:
"The appeal in the election contest
is not, in default, but is at the dis
erection of the council in good stand
ing.
Neither the service of notice OF
appeal, or any other court proceeding
could prevent the council from grant
ing license to sell intoxicating liquors
in Sank Centre, at any time before the
case was decided by the supreme
court"
i The following letter from Attorney
CONTINUED on page eight