Board of Com'rs of Jefferson County v. Mayr

• Decision Date: 02 March 1903
• Citation: 74 P. 458,31 Colo. 173
• Parties: BOARD OF COM'RS OF JEFFERSON COUNTY v. MAYR.
• Court: Colorado Supreme Court

74 P. 458

31 Colo. 173

BOARD OF COM'RS OF JEFFERSON COUNTY v. MAYR.

Supreme Court of Colorado

March 2, 1903

Error to Jefferson County Court; Joseph Mann, Judge.

Certiorari upon application of George J. Mayr to review the action of the board of county commissioners of Jefferson county in revoking his saloon license. From a judgment reversing the decision of the board, they bring error. Reversed.

William A. Dier, for plaintiff in error.

E Keeler, for defendant in error.

STEELE J.

December 3, 1900, license was granted by the board of county commissioners of Jefferson county to George Mayr to keep a saloon for the period of 12 months from said date, at Edgewater, in said county. On May 4, 1901, Joseph Gilbert lodged his complaint with the clerk of the board, charging that said Mayr had violated the law of the state in that he had sold liquors on Sunday, about April 21, 1901, and praying the board to revoke the said license. A hearing upon said complaint was fixed for May 18, 1901, but, to enable Mayr to procure witnesses, the hearing was, at his request, postponed until May 24th. On that day a hearing was conducted by the board, the complainant and the licensee appearing in person and by counsel. The board found that Mayr had kept his saloon open and had sold liquors thereat on Sunday the 21st of April, and on Sunday, the 12th of May, 1901; and it was there ordered that the license to said Mayr be, and it was by said order, revoked, annulled, and held for naught. Thereafter said Mayr presented his petition for certiorari to the judge of the county court. The writ was issued, and after the hearing, and on July 13, 1901, the court held that the action of the board of county commissioners in revoking the license was illegal, and without warrant of law, for the reason that no evidence was produced that any court had found or determined the truthfulness of the charge that the said Mayr had violated the law of the state. The board of county commissioners bring the case here by writ of error.

By the provisions of chapter 76, Mills' Ann. St., the board of county commissioners is empowered to grant, reject, or revoke licenses to keep saloons. Section 2832, Id., is as follows: 'The board of county commissioners shall have power, upon complaint being made to them, to revoke any license granted to keep a saloon or grocery, whenever they may be satisfied that privileges granted have been abused, or that the person to whom the license was granted has violated the law.' It is admitted by the defendant in error that the county court did not undertake to weigh or consider the evidence offered before the board; and he asserts that it was not a question of the sufficiency of the evidence before the board, but one of...