White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-02-25
SOFT DRINK MAN WILL
MANOAMUS ELY COUNCIL

The recent threatened resistance
of the city administrations policy of
limiting the number of licenses for
soft drink places that 1t will grant
and selecting the holders in advance,
Is to have its recrudescence, such
having already appeared In a form of
pronounced malignance.
M. K. Thompson, applicant fer the
license refused several weeks ego.
appeared in person and by attorney
at the council meeting Tuesday night
and renewed his demand. c. A.
Eddy, who enacted the part of a man
of few words, though these were
spoken not without sharpness, opened
the activities of the meeting by say
ing that he represented Mr.. Thomp-
son. that the application had been
renewed, the money paid and asked
for action thereon. He said that the
supreme court had decided in a To-
nopah case that the council must
grant the license. Mayor ]. II. Cal
lagher responded that the license had
been refused and intimated that 1T
would not be entertained again.
Very WE'LL replied Mr.. Eddy. Il
will start an action in court To- com
pei you to grant it."
AS he arose to leave the hall the
attorney added that he had Gled q
olatp1 flr pa~oH.nl sns,f1~ cua4ni.aA
by Mrs. Nellie currie and one for
property damage by Fred Baldwin,
and that he would proceed to use
foreible mean to bring all three mat
tiers 20 a determination in court.
After his departure, his client fol-
lowing him. the matter of each was
discussed briefly In turn. Council
man Fred 7. West reiterated 4 pre-
vious declaration that he agreed
with the mayor in this matter but
wished to know IL the city by its re-
fusal was mourning any money la
bility for damages, other than the
possibility of being compelled to
issue the license.
<A1llHb &lA9 CllOi ntS VI t bCi0"
man assured the council that there
was no such liability. He said the
city had a right to revoke a license
without liability and it could pot &C.
cur in case OF a refusal TO issue one
Mayor Gallagher repeated and am
plifed a former statement made by
him that he opposed this license on
moral grounds. his belief being that
II was not for the interests of the
city TO permit a place at that location
meaning the Dick House building
with dancing and the like and 9TH
er practices common to soft drink
places.
An application for the transfer of
a license from Robert Brady to VIII
liam weightman for the Jazz resort,
in the restricted district, vas allowed
in a way. 1t was mentioned in the
discussion that the applicant had is
sued several worthless checks and
that his case was in the hands of the
district attorney for that offense. II
also was said that his rem would be
due on the first and undoubtedly he
would be unable to pay It.. Inasmnch
as he had paid for a license Mr. West
said the way to do would be to keep
the money and If the applicant could
nag to hold out until his landlord
threw him out he could have thst
much benefit of 1t and then the
..nt mould no farfCffLl IN tho
city. This was the curse adopted.
". L. Tuck's application for a IL
eense at the House Club. with a state
ment that he had bought the business
from Dick House because he could
not hold his location at the Senate,
was granted.
l.. II. Murdoek, Rufus Settlers and
!. w. Mahoney were granted a new
license tor their consolidated cigar
business
The itemized bill o fthe Montana
buffet. which was the Fred Baldwin
claim mentioned by Mr.. Eddy. was
read. 1t listed items in cigars and
root beer TO the value of $259.35 that
were damaged by the buffet's cellar
being flooded recently. Mr.. Gallagher
said he had been told by Arthur
Smith of the Ely Water Company
that the company would acknowledge
a share of this liability and pay a
part Of the loss, explaining that the
water main was defective and figured
In causing the flooding. The claim
was referred to the city attorney with
the idea of ascertaining the extent
of the eompany's liability. which
members said might prove to be the
whole amount. The claim was de-
clared to be reasonable in amount.
Mrs. Currie's claim for personal in
juries was originally for $4,000 but
was reduced to $1,000 as a measure
leading TO a compromise. This claim
was referred to the city attorney
A letter from the Nevada Northern