The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-10-24

Councsi Procsedtngs--Oct. ~, Isso.
Council met pursuant 30 adjournment.
Present, Aldermsn Conn, Hainss, Hubbeli,
Patterson and Rsddington.
The Magyar being absent, Alderman Pat
terson, Pfss't pro fsns., presided.
The proceedings Of The lest meeting wsro
read and approved.
The petition Of 9; Kapp and others VS.
taken from the table and referred TO the
committee on streets and alleys.
The report Of the Wharf Master for the
nonth Of September, showing SO arrivals,
and the net receipts Of 1927 As, was received
and accepted.
Al0esnan Haines offered the following,
which va adopted, viz:
Resolved, Thst the Mayor pro tss. and
CLERK Of the Council BE- authorised TO issue
warrants to such m amount ~ will enable
them to settle with 4. Ryan, for work done
on Sd street culverts, - they may deem right
under the circumstances.
Alderman Rsddington offered the follow.
ing, which Was adopted:
Resolved, That tho City Collector Of de-
linquent taxes for school purposes for the
city Of Keokak, be hereby instructed TO pay
| to the School Treasurer oil moneys collected
| on delinquent taxes which have been paid
him for school purposes, and hereafter to pay
over said moneys to said Treasurer monthly,
on the first Monday Of saoh month, - fast g
collected.
Alderman Hubbell, from tho cemetery corr
mittee, to whom was referred the petition
for . vault to be constructed in Oakland
Cemetsry, reported the bid Of Messs. 6tesl
4 Fletcher TO build the same, and offered the
following resolution, which WAS adopted:
Resolved, That the oemetry committee be
Authorized TO contract with Messrs. Steel 4
Fletcher for the building Of receiving vault
10 Oakland Cemetery. vr
Alderman Reddington, from the special
committee TO report on @. HubenthaI and 9TH
er's petition to forbid the sale Of fresh meats
in the city Of Keokuk BY persons who are not
citizens thereof and not properly licensed,
/ reportsdlthe following, which Was received
and ordered to be placed on record:
To the Mayor and City Counei! Of the city
/ Of Keokuk:
The undersigned, appointed by tho Ooun-
oil at its last meeting to examine petition
Of Charles Hubenthsl and others - herewith
returned and concerning the sale OF fresh
meat in the city OF Keokuk BY persons not
residents Of said city, also to report sugges-
tions for tho action of the Council, has had
the petition under consideration and given IL
a careful examination. He finds that the
Council 10 asked to pass IN ordinance regula-
| ting the sale Of fresh meats within the city
limits BY persons not eitisens thereof, and
compel such persons not living in tho oity 30
pay . license to enable the residents OF Keo-
kuk engaged in selling meats to compete with
them. Ii 10 further represented BY tho Pc
\ 3. 1. AkAk 49, H. -kA rsst
side the city limits and cell meats inside) sell
diseased and otherwise unwholesome meats.
| Az to this allegation, We will say, after
diligent inquiry, No can learn OF no sale Of
| that kind
There are laws now in force to meet that
per6dous traffic, and the City Marshal is full
see published Ordinances, pages 65, SEQ. 4,
s, 6, and 81.
/ Az to the other allegation in said petition,
We have 80 repeat that it involves very i'm
portant question, to.vit A. 80 whether or
not legislative body under our constitution
and form of government can exercise or al
thorixe city TO use q power to restrain by
license or otherwise free trade in any partio-
ular locality, unless the good OF tbs entire
people living under that government should
demand it to protect the weak and innocent
from fraud and abuse when in the exercise
of an ordinary degree Of caution and discre-
ton, or whether or not that body can en-
power the city to pass laws depriving per-
sons living outside the CITY from exercising
the same rights in trade within the city ~
those living 10 the corporation. The ques-
ton before us may be divided into two.
Let. Has the city the right to license any
one to do legitimate business within the
city limits, or prohibit him II no license il
given?
\ 3D. Has the city the right to license per-
sons not Of the city to do business in the o,ty
or prohibit them entirely il not licensed
while our citizens enjoy free trade?
We have in our bill Of rights, guaranteed
to us, the right of acquiring, possessing and
disposing Of property. This implies tina
that right shall be enjoyed untrammeled, I'M.
less in instances set forth 10 the constitution
or laws enacted in pursuance and under tina
instrument. The constitution gives the leg
} relative power the right 90 pass laws to pro
tect the citizen against fraud and violenc
, upon person or property, but in no part Of i
strain trade in any way, whether it 10 sp
piled to city under law Of the corpora
zion or TO any living out OF city limit. Tn
constitution being . record Of the power
and rights granted to the executive, judiciar
and legislative departments. they have n
right to exercise any not expressly delegate,
therein because oil others are reserved 10
individusl enjoyment.
II 10 admitted that il the people in thsi
political compact had agreed under certain
o circumstances, naming them, they woul
WELD portion of their natural and eivi
rights for the supposed good Of society On
trade, then the question would stand quit
different; but % il nov ID, however mucl
: il may be regretted By our petitioners IN