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the issuance of the license had been complied with, and further that he was informed and believed and alleged the fact to be that the sole and only reason for rejecting his application was because the issuance of such licenses had been prohibited by the abovementioned ordinance. The objection made to this allegation is that It is based on Information and belief. It appears that the records of the council do not disclose the reason for their action, and the relator could not well make oath truthfully that he knew the reason for such action of his own knowledge. We think that under such clroumstances the form here adopted is proper, and consider the allegation sufficient both in form and substance. State ex rel. v. Cooley,MinnN. Wl. Relator contends that the power to prohibit the sale of intoxicating liquor has never been given to the city of Duluthand that the ordinance prohibiting the sale of such liquor is void for lack of power to adopt it. It is true that there is no general law conferring such power upon the city. The Legislature, by general laws, has conferred upon towns, villages, cities of the fourth class, and counties the power to determine for themselves whether the sale of intoxicating liquor shall beMichael Kors permitted within such municipalities, but has never enacted any general law conferring such power upon cities of the first, second, or third class. As there Is no g eneral law conferring such power upon the city of Duluth, whether the city may entirely prohibit the sale of intoxicating liquor withits limits depends upon whether the power to do so has been conferred upon it by its charter. Tha such power may be given to a city by its charter is too well settled to be the subject of controversy. Relator contends, however, that the Legislature by enacting the socalled high license laws found in their present form in chapter| of the General Statutes ofassumed con trol of the liquor traffic on behalf of the state and thereby withdrew the power to control such traffic from the subordinate municipalities of the state; and, by enacting eneral laws regulating such traffic everywhere, without empowering cities of the first, second, and third class to prohibit such traffic therein, established as the public policy of the state that such traffic should be J regulated but not prohibited within such I cities. And he further contends that as the Constitution requires homerule charters to be In harmony with the laws of the state, such charters must conform to the public policy of the state, and that it follows thereI from that the homerule charter of the city j of Duluth cannot confer upon that city thepower tobit entirely the sale of intoxicating liquor therein. We cannot sustain his contention that conferring power upon cities of the fiMichael Kors Outlet rst, second, and third class to prohibit the sale of intoxicating liquor is contrary to the public policy of the state. The general laws regulating the liquor traffic did not wholly divest the municipalitis of the state of power to regulate and control such traffic within such municipalities, but prescribed regulations and restrictions more stringent than those theretofore existing, and took from all municipalities the power to abrogate or lessen the regulations and restrictions so prescribed. The various municipalities remained free, however, to impose any additional regulations and restrictions authorized by their respective charters or other laws. While they could not relieve the traffic from the restrictions imposed by the Legisla , ture, they still retained whatever power had been conferred upon them to restrict it still further. Evans v. City of Redwood Falls,MinnN. WCity of Mankato v. Olger,MinnN. W Originally the sale of intoxicating liquor was lawful everywhere and none ofthe municipalities of the state possessed the power to prohibit its sale; but the Legislature granted local option to towns in , to villages in , to various cities governed by special charters at different times, to all cities of the fourth class in , and to counties In . From the beginning of the state to the present time the trend of legislation in .
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