"doc" Rose Knocked Out

Can Not Have Saloon in Barred District

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ORDINANCE IS VALID

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Supreme Court So Decides - Charter Provisions Were Sufficient Without Amending

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"Doc" Rose is knocked out and his saloon will have to remain closed.

The common council have authority to limit, by ordinance, the territory in which saloons may be conducted in the city.

These two facts were fully established in an opinion handed down by the supreme court at Lansing Wednesday.

The facts in the case at issue were: Prior to May 1, "Doc" Rose presented his bonds to the common council for approval preparatory to taking out a license for the sale of liquor at his place on the corner of State and Fuller streets. The council failed to approve the bonds, the matter being laid upon the table, presumably because of the ordinance defining the saloon limits of the city and the fact that Rose's place is in the proscribed territory.

Rose afterwards applied to the circuit court for a mandamus compelling the council to convene and approve his bonds. This mandamus was granted by Judge Kinne, he saying:

"Under the charter as it now stands, this ordinance has no validity, and it follows that there exists no apparent reason why the common council should not approve the bond of the relator. It is assumed that the common council will now at its early convenience approve the bond in question. If not a mandamus will issue."

The case was at once removed to the supreme court by certiorari, by City Attorney Kearney and Wednesday the court reversed the ruling of the lower court and remanded the cause. This means that Judge Kinne will, upon application, grant an order dismissing the mandamus proceedings.