Swarth v. People ex rel. Paxton

Citations

• 109 Ill. 621

Syllabus

<p>1. License to keep a dram-shop—as to the necessity of a petition by voters—statute, not applicable to cities. The statute requiring a petition of voters in the town or election precinct to be had and presented before the issue of a license to keep a dram-shop, has no application to licenses granted by a city.</p> <p>2. Same—application for license not essential. A previous application in writing is not essential to the validity of a license granted by a city to keep a dram-shop. It is enough in this respect that it be issued, and accepted by the licensee.</p> <p>3. Same—by whom, license may be issued. The statute gives the power to grant licenses in a city to the city council, but that body may, by ordinance, grant licenses to a certain class of persons, upon certain conditions, by authorizing the mayor to issue or cause license to be issued when the conditions are complied with. In such case the issuing of the license by the mayor is a lawful exercise of the power of the council.</p> <p>4. Same—of the manner of signing a license. It is not essential to the validity of such a license that the signatures of the mayor and city clerk be affixed with a pen. Such signature may be lawfully affixed by stamping a fac simile of the written signature of such officer, if done by him, or by another under his direction or at his request.</p> <p>5. Same—as to time of expiration of license—extending the municipal year. It is no objection to a license that the ordinance fixing the time when it shall expire was passed before an ordinance extending the municipal year to the same time. It is sufficient if the extension is made before the license is issued.' But a license issued to extend to a time beyond the end of the municipal year, would be valid for so much of the period 'named therein as did not extend beyond the end of the municipal year.</p> <p>6. Same—taking out new license before the expiration of former one. The fact that a party has an unexpired license to keep a dram-sh