The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-03
CITY INTELLIGENCE


the Char. Ai'''uen' was In
The The annexed message from the Mayor was re-
Office Of the Mayor Of The city Of Philadelphia,
To the Presidents and Members Of the Select ana
Common Councils.
Gentlemen To my great surprise, on Saturday
last was officially presented with the following
Resolution Of Request to the Mayor.
city OF Phs ep6ia That the msyoT Ss apa ob m ne
hereby to use and exert ell the powers vested
LiSTOr law spo en- laws prohibiting The sale Of liquors
10 nors end All wiliul abuse Of the sale Of intoxl-
caung urnkb throughout The city, and that he be re.
questtd 70 instruct the police force under his control
laws in this pSouSr be strictly snfoSeSd tGSf anS a9 s
Offenders brought to justice
CLERK OF Select Council
As during the frequent visits to this office by
members of your bodies no allusion, direct or re-
mote had been made by any of them TO this reso-
luton, nor any intimation been given that there
existed or was alleged to exist any cause for COM
on Its passage through Councils it provoked no
comment presume II was not in n'ended nor sup
posed 10 express any thing unusual or important.
Considering the kind and friendly relations have
striVen to cultivate with the legislative branch OF
tn tne CITY goVeIhment am not willing to believe
on this department without any notice of such
purpose. But inadvertence does not change the
tact that am charged at least by inuendo, with
official derelicton A foi NAL application to any one
TO do special act in wolves the suggestion that the
act has not been done and when Councils request
the Mayor to perform his duty, they convey the
imputation that his duty has not been performed.
This imputation is untounded, and against its
utterance, as here made, Irespscfuy but earnestly
protest.
1 do not pretend to understand what is meant by
the enforcement Of call wIful abuse Of the sale OF
Intoxicating drinks throughout the city," but for
myself and in behalf Of the force under my COM
mand assert that "the Sunday Liquor Law, and
all laws prohibiting the sale of liquor to minors"
so far as they come within the powers and duties
of the police faithfully and diligently executed;
and that for this reason If there were no other the
recommendation "to instruct the police force un-
der'' my "control to manifest the utmost care and
vigilance that the laws in this particular be strict
ly enforced, and all offenders brought to Justice"
is wholly gratuitous. In legislative bodies COM
prising so many well-read lawyers and so many
well-informed citizens as are to be found in Ooun-
cis 1t ought not TO be doubtful that the provisions
of the laws referred TO are properly understood.
What those provisions are was so clearly set forth
by my learned predecessor, Mr.. Henry, in reply to
request made to him by large number OF clergy
men, similar to the request now made to me by
Councils that reproduce portion of his letter:
"There are three statutes. and but three, which
let TO the sale of liquor Sunday within this Sate.
the 9th and 9th sections whereof are in these words
5Sd US rSns Snd SSS f
other public house or place, the first day
thereof shall for every osnoS icteit and pay one sh
ling and enc to s5S GOnSa' t that at shall demand
hereby empowered, and ny virtue Of their office re-,
entertain such tppl and them, when found quietly
TO speTse tut in Of refusal to bring the persons
may commit such offenders to the stocks, or bindthem
And the Keepers Of such houses taverns, other
public house or place. as shall oountensnee or tolerate
view his own soHfS:;O9 the
snd I ProSdsd swsys
tnaiit9s SOSsss 9! stSsF SaSig house pisss from
suppips the oSca6ioas & Of tTayeers t & in
With victuais and drink in moder alton for
sS mssrste before @ ShO%
plant & made S9S be s H% os
may suffice to note that the liberation BY this act
re- he GHy Of sesrcSing pabO houses
and 5 5 ds5 s%sT %'B % YET G
section Ninth article Of the constitution Of Pennsy
cSnstsbss ooie Who are eoced by he poOps aad
It not pertain to nor It be exercised 0g the
subject 70 his control The process directed by this
to The requirements the community living century
and half ago, would be impractosbe at the present
ishment Of the stocks, which has long since been
1.-THE next statute bearing this subject is that
of 22d April, 1874 commonly ca the sSndays law
person shall do or perform any worldly employment qr
e suDSag %STs OF Of eSe and hs only
be convicted thereof every such per:
s1S 80 SsS GaS e% to ffe BE- % orr
be or s n R or Be- G WSes
TO levy the same by distress he or she shall suffer six
SaoSer COUNTY PROV ded always, that every siOh
% shall be SS wte
OF s Of ssS bG SOT he % %tRI Which st
The serving Of all legal process on Sunday EXCEPT IN
Der By statute The voiatiOn OF the Sunday law Is
msdemeanor; but unless by noise or dis
the language of the supreme court OF RennsylVS1ia,
in the decision of case arising under ths law The
Tentytwo % hours thereafter before justice Of the
peace, who upon due evidence, may impose nne OF
four dollars upon the offender but only one Ss5sty OF
all the acts, however nume Gus performer curing any
THE third statute before referred to- Is the act of
26th of February 1855. which T. in these terms: ~
sons to sell trade or barter in sprituons or malt
liquors, wine or cider on the nrst gay OF tn9 week,
Of any hotel, inn, tavern, ATE house, beer hoTse or
other public house or place, knoWlngB, 70 sHoW OF
10 be drank on or within the premises house oocu
pied or kept by such keeper or Keepers nls her or
their agents or servants on tho sad nrst uay Oh tne
%The second section imposes a penalty of fifty dol
by law Iecovsrsbe one half for the guardians OF
the poor the other for the benefit Of the prosecutor
nalty is TO be paid to the SAID guardians
"The third section enects that; ,.. - A.,
last preceding stotOnN for violation Of the proyi,
on OF the first section OF this sSt every person Tho
taken and deemed TO have committed aaiSdemeahoy,
and shall conviction hereof IN any criminal court
than ten nor more than one hundred aoiistS ana De
imprisoned in q county jail for period not Tess
ten nor than sixty Gays 1T the discretion OF the
COURT A.. ..,o o,,,o,or on Sunday is made by
4hs act An indiotable ofsDcs there s no power OF
dIIsctv preventive nature conferred by its provisions
The Mayor of Philadelphia having no % @ ~ ~
these statutes for the penalties therepY lmP9sel pU
since the reatoreton Of the my9FS tnnetiohs ss Ss
he NAV In common with all other ma lstratesi upon
adaylt before him issue wsrrAats Tor the arrest o.
evidenoe bind them over for lria before criminal