Village of St. James v. Hingtgen

• Decision Date: 19 December 1891
• Citation: 47 Minn. 521
• Parties: VILLAGE OF ST. JAMES <I>vs.</I> J. P. HINGTGEN and others.
• Court: Minnesota Supreme Court

47 Minn. 521

VILLAGE OF ST. JAMES vs. J. P. HINGTGEN and others.

Supreme Court of Minnesota.

December 19, 1891.

Action brought in the name of plaintiff, by the county attorney, in the district court for Watonwan county, to recover the penalty of the bond of $2,000, executed to the plaintiff by the defendant Hingtgen, a licensed seller of intoxicating liquors in the village, and by the other defendants as his sureties, and conditioned as required by law. Among the breaches assigned were sales at other places than the premises mentioned in the license, and sales on Sundays and election days. The defendants, in their answer, denied any breaches of the condition, and for a separate defence pleaded that the county attorney, who appeared for plaintiff, was not its attorney and was not authorized to prosecute the action, and that the village counsel had, at a meeting, resolved and declared that the action was brought without authority and should be dismissed. Thereafter, on filing a copy of a resolution of the village council directing a dismissal of the action and appointing an attorney (other than the county attorney) to appear for it for such purpose, and a consent in writing of the defendants' attorneys, judgment of dismissal was entered by the clerk. The county attorney moved to set aside the judgment, on the ground that it was entered without his knowledge and against his wishes, and that the village and its attorney had no authority to enter or direct a dismissal. The motion was denied by Severance, J., and the county attorney, in the name of the village, appealed.

J. W. Seager, for appellant.

J. J. Thornton and Pfau, Young & Coffman, for respondents.

VANDERBURGH, J.

The traffic in intoxicating liquors is regulated under the authority of the state in the exercise of its police power; and for such purpose the legislature may, as is the usual practice, constitute the local authorities of the subordinate political subdivisions of the state, agencies to grant licenses, upon such conditions, and with such legislative restrictions, as may be deemed best for the public good. Among the conditions usually imposed upon applicants for such licenses, is the execution of a bond to more effectually secure the statutory provisions regulating the conduct of the business, or damages to parties injured by the breach thereof. From the nature of the case, it is eminently proper that such bonds should run to the state, since they relate to the enforcement of the laws of the state. But it is, of course, competent for the legislature to provide that they should run to counties or other municipal corporations or their officers, and to make such corporations the beneficiaries thereof, as well as to direct what disposition should be made of fines or penalties in prosecutions for violations of the law. But the mere fact that such corporations are made agencies of the state to issue licenses, or that any local officer is made the custodian of the bond, does not, of itself, authorize such corporation to take the bond in its own name, under general laws regulating and licensing the traffic. On the contrary, the rule must be held to be, in such cases, that the bond should be made to the state in the absence of authority, express or clearly implied, to take the same to the corporation, or some public officer, as obligee therein.

The village of St. James was organized under Laws 1885, c. 145. By section 48 it is authorized to issue licenses within the village, in place of the board of county commissioners, but in respect to the bond the provisions of the General Statutes (chapter 16) were continued in force. The mere change in the license agency did not change the character of the bond required or the obligee...