Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-08-17
THE LIQUOR QUESTION.
Has the City Chatter any Power
or Is 1t waste Papsr2
The Beard OF Aldermen and the late
Order Of the Chief of Police.

The recent order Of Colonel Beaumont,
Chief Of Police, requiring the City Regis
ter to collect $3.50 as the license for sell.
ing liquor by retail, instead Of $5l 90, as
heretofore, has naturally created no little
excitement among the class aimed at
And the feeling is Intensified by the an
nouncement, from the same authority,
that failure to promptly comply will
subject each delinquent to 800 extra.
This is the third blow at the city charter,
and at the present rate that instrument
will soon be thoroughly emasculated and
powerless. First--ihe police were taken
from the control of the municipal author
tiles. Second-the total receipts Of the
Tax Collector on Privileges were trans
ferred to the Metropolitan Police. Third
the receipts from retail liquor licenses
are ordered into the same channel.
Where this will stop it is difficult to say.
Unless prompt action is taken to resist
this Wholesale levy on the public funds,
the entire revenue of the city will soon be
monopolized for police purposes
At the meeting of the Board yester.
day afternoon the liquor question came
up. The City Register having been
ordered by the Police Superintendent to
increase the license to $3.50, and finding
nothing in the city charter to justify such
increase, refused. The opinion of the
City Attorney was asked and obtained.
We subjoin it and also the Endorsement
Of the acting Mayor:
MEMPRIs. Tenn, August IL, 1867
Hon. HI. LYNN, Mayor, etc;
SIR: In reply to your communication
of the 18th instant, calling my attention
to the order of the Metropolitan Police
Commissioners assessing the tax upon
tippling houses at $3.50 per annum and
the duty of the City Register in the
premises, / have to say that the charter
of the city creates the office of City
Register, and by this charter the Register
is required to perform such duties as
may be provided by ordinance. And his
duties prescribed by ordinance is that he
shall issue all licenses, and report the
same to the City Controller weekly.
If there is any ordinance requiring the
Register to issue license to keepers of
tipping houses upon the payment of a
tax of $3.50, he ought to issue them.
By ordinance the tax upon retailing
liquors, ETC., is $50 on the first $3.50 cap.
ital, aud ten per cent. upon all capital
above that sum. think it clear that the
Register is duly authorized TO issue Ii
censes under this ordinance. If the
Board of Mayor and Aldermen desire to
comply with the order of the Police Com
missionGrs, they can do 80 by an ordi-
nance, and this ordinance will authorize
the issuance Of the license by the Regis
ter.
There is considerable difficulty in the
management of these controversies be-
tween the city of Memphis and the Police
Commissioners, growing out of the.legis-
lation of the State upon this subject, and
great annoyance to the people of the
city, as they have to submit to the au-
thority of two distinct persons, often
with contradictory views.
Under the direction of the Board, l
have Instituted suit to'test the constitu
tionality of the Metropolitan Police act
and its amendments The one under
which this order is issued, among others,
and hope to have a final deterpfnation
of the question at the coming session of
the Supreme Court in November | do
not believe that this act is constitutional,
and particularly this amendment, under
which this order of the Police Commits
sioners is issued.
/ must state, in justification OF the
Commissioners, that they have offered
oil facilities in their power to have the
constitutionality of the act settled by the
courts. Very respectfully,
R. j. MORGAN,
City Attorney.