Bolton v. Hegner
Bolton v. Hegner
Opinion of the Court
The appellees were applicants for a liquor license for the current municipal year. During the preceding two months the applicants were employed by a liquor licensee in the same vicinity, during which time their employer was frequently absent, at one time for two weeks, and at other times for two or three days, and, when absent, his business was in control of the applicants. The appellants remonstrated, denying that the applicants were men of respectable character and standing, and, among other things, alleged that they had on April 11, 1908, permitted gambling and the playing of cards for beer in the place of business so kept by them. In view of the record and the evidence we concern ourselves only with the question of the character of the applicants.
In the trial the city council pursued a course somewhat unusual in such matters. In addition to the consideration of evidence produced by the interested parties, the city council undertook an investigation upon t heir own account. This was surely a laudable thing to do, and indicated a desire on the part of the city council to learn the facts. The examination of the many witnesses who were remonstrants disclosed that many of them had no personal knowledge of the facts in issue. There was, however, one exception. A witness testified that he had no personal knowledge of the matters in controversy, except that of playing cards for money "or its equivalent. For some reason not disclosed by the record, the city attorney did not inquire into this matter minutely, but further examination by remonstrants disclosed
It is the purpose of our law to prevent persons who are not of respectable character and standing from obtaining a liquor license. When this question is at issue, a licensing board should make diligent inquiry. They are not limited to the general reputation of the applicants, but must take into consideration whatever ignoble acts or crimes the evidence may attribute to them. The licensing authorities must determine whether the acts and conduct shown as indices to their character are sufficient to disqualify the applicants. Undoubtedly the purpose of this statute and others which render certain acts sufficient to disqualify one from receiving a license is to separate as far as possible all petit crimes and common vices from the saloon. The evidence in this case is insufficient, perhaps, to characterize the place of business, which was at times in charge of the applicants, as a gambling house. Neither do we need to find that the applicants were criminals. It was not a great crime to gamble for 20 cents,. nor was it a great crime to gamble for a case of 24 bottles of beer. It was, however, a crime. It is prohibited by our statute. In this particular instance it was indulged
This is one of five cases which are now before this court, where the conduct of the liquor dealers in the city of Schuyler is inquired into. The general situation does not control the decision of any of the cases, but the traffic is getting beyond circumscribed bounds. Mere boys in their teens have been found intoxicated. In some instances they were permitted to loaf around card tables of the saloons, and we are not surprised to find numerous citizens joining in these remonstrances, requiring the city authorities to make this investigation, which should have been voluntary on their part. In this case the conduct of the applicants in exhibiting lascivious pictures and by encouraging or permitting petit gambling has rendered them ineligible as licensees during the current year.
We recommend that the judgment of the district court be reversed and this cause remanded, with instructions to the district court to enter a judgment canceling the license.
By the Court: For the reasons stated in the foregoing opinion, this case is reversed and remanded, with instructions to. the lower court to enter judgment canceling the said license.
Revebsed.
Reference
- Full Case Name
- Henry Bolton v. Theodore Hegner
- Status
- Published