New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1920-10-27
EX-SALOON MEN Il =.
DEMAND REFUND
LEGAL ACTION is BEGUN TO
FORCE CITY TO RETURN
BALANCE OF FEES.
TEST CASE WILL BE TRIED
. DURING DECEMBER TERM
DISTRICT COURT.

Through his counsel, Attorney Alfred
w. Mueller Of this city, Frank Gruber,
former local saloonkeeper, has insti-
tuted an action against the city of New
Ulm for the return Of the liquor license
money for the three months period Of
prohibition from January Is to April
Is of this year, paid into the city
| treasury by Mr.. Gruber upon securing
| a liquor license on April Is, 1919,
which was supposed to have run for a
year. The 10 other ex-saloonkeepers
of New Ulm have joined swith Mr.,
Gruber in demanding refund of this
license money, which, in each case,
amounts to $187.50, or a total Of
I$3,75O.
Mr.. Gruber's action is a test case
and if he should be successful in it's
prosecution, the other 10 former saloon
keepers will take like steps to secure
the return of the balance of their
license fees, unless the city shows a
willingness to settle with them on the
fbasis of the outcome of Mr.. Gruber's
suit.
Terminated by Prohibition.
The complaint prepared and filed
with Clerk of Court Carl P. Mander-
field by Mr.. Gruber's attorney sets
| forth that the plaintiff paid the liquor
license fee, which amounted to $3.50,
in good faith for a full years license,
,as tl1ssat 4 slszs was terminated
by the enactment of the federal pro-
hibition amendment on January 16,
this year, and through no fault Of the
lplaintiff, and for this reason he de-
mands that the city refund the amount
covering the period from the latter
date to April Is, 1920, when the license
would have expired.
Partial Refunds Made.
President Wilson's wartime por-
hibition order went into effect July l.,
1919, while national prohibition as a
result Of the ratification Of the federal
prohibition amendment did not be-
come the law Of the land until January
I16, 1920. That part of the license
fees, covering the period between the
beginning of wartime prohibition and
the ratification of the federal amend
ment, from July 1, 1919, to January
16, 1920, which in the case OF each
saloonkeeper amounted to $406.25,
was refunded by the city council, as
IWell as the fees for two and half
months from the beginning Of the
Ilicense year, April Is, 1919, to the adj
vent Of wartime prohibition on July
i i Of the same year, which in each
instance amounted to $156.25.
Other Cities Refund.
| Mr.. Gruber and the other former
! local saloonkeepers state that the I'M
learned liquor license fees of the saloon
keepers at Sleepy Eye, Springfield, St.
Peter, Nicollet, CORTLAND, Arlington,
LIE Sueur and other cities and villages
in Minnesota have been refunded to
them by the city councils, and there Is
no denying the fact that it is but just
that the city fathers of New Ulm dc
| likewise, inasmuch as that part Of the
| license fee which it is sought to have
returned to the former saloonkeepers
was in reality not earned by the city
4 and the retention Of this money is I'M
| fair to them. An attempt was made
Ito secure this refundment without
lresorting to legal action, but the
1 council refused to concede this point
.|.although it returned part of the license
money covering two periods prior te
January 16, 1920.
lE Carl Crone, ST., was a Springfield
visitor, last Tuesday. ,ow al !,