The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-02-01


at the Governors mansion this evening, from
10 IL o'clock.
To SrBscRIBERs NORTH OF BROAD STREET
The carrier of the Dispotct on the north OF
Broad street, between Thirteenth and the
Brook avenue, has been sick for n few days,
and of course the paper has been left irrcgu-
larly, and to only few of the subscribers IN
that district He will be out in 4 day or two.
He is a good carrier, and will make up for lost
time by his faithfulness when he resumes Ais
daily rounds.
THE BAR-RooN ORDISASCE.-Thc Mayor 5
decision on the liquor question was given yes
terday Before reading it, the Mayor stated
that he had not intended TO write il ont, but rs
ne had been requested by the reporters and
several friends TO do so, he had written il hur
riedly, and there might, on this account, be
some errors in its composition. The following
is n copy OF the decision:
On the eth day of July, 1851 the following
ordinance was passed by the Council:
BE II oriniaed by the emmett cf the city n Ricit-
mOni, That every hotel keeper, keepers of res
taurants, keepers of lager beer saloons, or any
place where ardent spirits beer, or cider, is sold
or given away, shall close his bar every eve
ningat 10 o'clock, and on Sunday the whole
day.
Every person violating this ordinance may
be fined twenty dollars by the Mayor, and
every day shall be considered separate
offence.
BY the provisions of the above ordinance,
every police officer in the city, in the proper
discharge of his duty, was bound 10 report
every violation of the ordinance which came
under his observation. Between the lst and
Nth of January eight persons were reported,
some for keeping open their bars after 10 . clock
at night, and others for keeping open on Sun
day. In each case, when the charge was sus.
tanned by satisfactory proof, fines We're imposed
by the Court, as provided by the ordinance.
Up to that time no question had ever been
raised rs to the cOnstitutionality or validity Of
the ordinance.
The following questions We're raised by the
counsel for the defence: That tn" ordinance
passed July eth, 1861, under which the Court
was acting. was unconstitutional, and Sc
Condly, that the ordinance passed January Nth,
1866, re affirming the ordinance of July Nth,
lN6I, was also unconstitutional as il did not
re-cnact the whole ordinance: and thirdly,
that the city charter delegated 10 such power
10 the Council.
The inquiry involves the power ana duty of
the Mayor, acting ludcially, 10 set aside, as
uuCOns titutOnal or rs void, acts Of The lcglS-
lativc branch Of the Government Of which
they are co ordinate departments When the
ordinance was passed, July :, l>Gl, acting
under the then Confederate Constitution, the
ordinance was then constitutional. But by u
declaration of the Wheeling Convention, J unc
Is, 1851 suprrSudiug the Convention and Exc
cutivc ut Richmond, ii was declared " that
the offices of all who adhere 10 the said Con-
vention and Executive, whether legislative,
executive, or judicial, are vacated"
BY an ordinance passed August 2oth, l~6l,
asccrtaining and declaring in what cases Offices
are vacated under the declaration of june l3,
1851, it is enacted that every incumbent of IN
Office held under the authority of the Com
monwealth, or Of any county, city or town
thereof, " who by overt act speaking or wrl
ting. supported, or attempted 10 support, the
usurped government at Richmond, or who had
not, before the passage of that ordinance,
taken the oath prescribed by the ordinance for
the reorganization of the State Government.
shall be deemed and taken 10 have vacated his
office
The Convention which met ut Alexandria
adopted, on the eth OF April, 1854, the Consti-
tuition under which we now live, and which
put out of Office all mcumbents, state or muml.
cipal, and authorized the appointment Of new
ones and these now hold Office. II Is under this
instrument, and the legislation designed TO
carry ii into effect, that the present municipal
of the city exists and all who
mold office having taken an oath TO recognize
as legitimate the government restored at
Wheeling by the declaration there adopted
and all public acts since done 10y its authority.
1t seems impossible, with this concession, 10
acknowledge the binding validity and effect
of the ordinance of July ;, 1851; and the
opinion of the Court is, that said ordinance Is
void, and Will issue III order for all fines
imposed under that ordinance 10 bc refunded.
Then the question arises, i, the ordinance
passed January :, 1850, rc-aihrmlng the Ordi-
nance OF July, ls6l constitutional and valid
The only argument used by the counsel FOR the
defence against the cons >titutionality OF the
ordinance was that tire whole ordinance was
not re enacted. The sixteenth section OF the
Constitution provides that no law shall
embrace more than one object, which shall be
expressed in its title; nor shall any law be
revised or amended by reference 10 its title,
but the act revised, or section amended, shall
be re enacted and published 1T length. This
section Of the Constitution evidently has
reference 10 laws enacted by the Legislature
of the State, and not to ordinances or bylaws
of municipal corporations.
Then there only remains one question moro /:
Does the ordinance rc-cnaCtcd January >lh,
1850, come within the range Of the granted
powers Of the charter as found i'll the act OF
March is, lo6l, which was enacted before the
Virginia Ordinance of Secession? The answer
to this question will determine the fate OF the
cases which have arisen under the revising
ordinance passed January 1, lN66
The twenty ninth section of the charter Of
March Is, l>tI, i in these words The toun-
ell shall have authority to pass all bylaws,
rules, and ordinances, mot repugnant 10 Tie
Constitution and laws of this State which
shall be necessary for the good ordering ana
government of such persons aS shall from tune
TO time reside within the limits Of SAID city, or
shall be concerned III interest therein, for the
- y
orderly conducting of It's affairs, or Whlcn
shall be necessary or proper 10 carry into full
effect any power, authority, capacity, or lurls-
dction, which is or shall bc granted TO or
vested in the said city, or in the Council, the
Court of Hastings, or any officer OF Satd Clty or
which they shall deem necessary for the peace,
comfort, convenience good order good morals,
health, or safety, Of said city, or OF the people
or property therein and 10 enforce any or all
of these ordinances by reasonable lines ana
penalties, not exceeding for any one offence
the sums limited in this act.
The Court is of opinion that the power TO
pass the ordinance in question Is clearly
granted by this section of the charter, ana
whether it was eXpcdent or proper TO reaiiirm
the ordinance of July :, 1861, las ii Is claimed
by the defence that it was enacted rs L war
measure is not for the Court 10 determine.
The Council has rc-rnactcd 1t, and the dutN OF
the Court j. 10 enforce its provisions. Inc
parties concerned have their remedy. Ihe
charter provides that where the constitution
nlity or validity Of an ordinance Is III qHeo-
ton an appeal can be taken 10 the Judge oi
the Hastings Court.
Out of the many cases already before the
Mayor, one will be brought up this morning
as a test.
FKoA POLICE HEADQUARTERS. The city still
remains orderly, and police items are very
scarce.
We report the following arrests 1t Head
quarters