City of Sacramento v. Dillman

The Court. On June 22, 1891, an ordinance “ regulating saloons, bar-rooms, etc., and providing the amounts of city licenses to be paid by keepers of saloons, bar-rooms, and other places where wines and liquors are sold,” was passed by the board of trustees of the city of Sacramento. The ordinance provided that every person within the limits of the city, who keeps a barroom, saloon, or other place where liquors are sold by the glass or bottle, to be drank on the premises, shall pay quarterly, in advance, “ a city license, for pursuing said business, of forty-five dollars for each and every [110]quarter,” and that all licenses collectible under the ordinance should become due and payable on the first days of January, April; July, and October of each year. It also provided that it should be in force from and after June 30, 1891, and all ordinances and parts of ordinances in conflict with its provisions were repealed. The only action taken by the board in reference to the publication of the ordinance was an order made on the day of its passage, “ that the matter be referred to the mayor, for publication or not, as he saw fit.” It was, however, by direction of the mayor, published in the Daily Bee, a newspaper published and having a general circulation in the city, for the period of ten days, commencing June 22d, and ending July 2, 1891. Prior to the time of the passage of the said ordinance, an ordinance regulating saloons and fixing a different sum to be paid as a license for that business was in force in the city. On July 1, 1891, and thereafter, until this action was commenced, defendant kept a saloon in the city, where liquors were sold by the glass, to be drank on the premises. He tendered the quarterly amount, which was due under the old ordinance, but refused to pay the forty-five dollars required by the new one.

On July 24, 1891, the plaintiff, by order of its city collector, commenced this action against the defendant, alleging the passage of the said ordinance, and that forty-five dollars became due from defendant thereunder on July 1st, and also that, under the provisions of plaintiff’s charter, one dollar should be added for defendant’s failure to pay'the license money within five days after it became due, and fifteen dollars for liquidated damages; and praying judgment for the said several sums. The defendant answered, denying all the averments of the complaint, and alleging that the “action was not brought by the proper person, namely, city collector of the city of Sacramento.”

The case was tried by the court without a jury, and the findings and judgment were in favor of the plaintiff;