June 22, 1907

Contended That Music in a Park Bars
Sale of Liquor There.

D. V. Kent, city auditor, and A. E. Holmes, city treasurer, who were served with an alternative writ of mandamus from the circuit court to compel them to issue a dramshop license to J. J. Norton at the new Electric park, filed their answer yesterday. They contend that the board of police commissioners has authority to refuse to issue dramshop licenses and to decide whether the owner of a license may change the location of his drinking place. The point of the mandamas suit was that such power lay in the mayor and council.

The city offices also contend that a license cannot be legally issued to J. J. Norton because he is the agent of a brewery; because he plans to allow music within hearing distance of the drinking place, and because he does not define the portion of the park in which the intoxicating liquor is to be served.

They further claim that the board of police commissioners does right in refusing to issue dramshop permits for places in the residence section of the city.