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Justices N. Henningsen and Fred. Pfaender State There Will Be No Exceptions.
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JUSTICES OF PEACE ARE GIVEN
PERMISSION TO ACT
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Judge Fosseen of
Minneapolis Started the Revocation of Intoxicated
Drivers' Licenses.
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Drunken automobile drivers should give New Ulm a wide berth for if taken into custody by local police officers and brought before Justice N. Henningsen or Justice Fred. Pfaender there is no question but that they will have their automobile licenses revoked. Both local justices state there will be no exceptions made and that they are pleased that the attorney general's office has ruled that justices have the power to certify the license plates of motorists convicted of driving while intoxicated to the secretary of state for revocation.
Attorney General's Ruling.
The attorney general's ruling that Municipal court judges have the power to order revocation of automobile licenses of motorists convicted of driving while intoxicated was broadened Saturday to permit justices of the peace to order revocation of licenses in such cases.
James Markham, deputy attorney general, stated that, in the opinion of the attorney general's office, justices of the peace have the same power as Municipal court judges in cases of motorists convicted of driving while intoxicated. The ruling was in a letter sent to Justice of the Peace C. A. Couillord of the village of Motley.
Qualifies His Opinion.
Mr. Markham qualified his opinion, however, by adding that he does not know "how far the courts will go in sustaining the practice in case of a contest."
Mike Holm, secretary of state, at the Mr. Markham wrote an opinion for request of Judge Manley Fosseen, ruling that Municipal court judges have authority, under the state law, to certify the license plates of motorists convicted of driving while intoxicated to the secretary of state for revocation. Under the state law, the opinion said, the secretary of state was obliged to revoke the license, and could not re-issue a license to the convicted motorist until three months time had passed.
Mr. Markham's letter to Justice Couillord read:
"Relating to prosecutions under the 'drunken driver' statute a justice of the peace has jurisdiction. He has the same authority possessed by the Municipal court. His constable has the same authority possessed by the police officer or sheriff.
"In larger cities, the police, acting under general orders from Municipal court, when arresting the driver of a motor vehicle who is obviously intoxicated, secures the number plates and brings them into court. Then if there is a conviction the court directs the plates to be sent to the secretary of state together with a copy of the judgment or conviction.
"How far the courts will go in sustaining this practice in case of contest is another matter. The method pursued is effective and is a wholesome restraint on activities of these enemies of public safety."
Brown County Journal
August 6, 1926
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