Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-05-06
LOCAL N EW s.
Amssenent., &C.. Tonight.

~ As
NAIioFAL AhAfkz-b-yanIs Mnstreis
sno Duiies9ue OPefa troupe
PRoY. SNITR's Art Gallery. }A Psnnsyl-
vanla aven ne, q large number OF new chr0nos
INST received
METROPOLITAN HALL AND VARIETY THEa-
FRI PennsyIy4nia AVENUE, oetwsen lin and
I2th streets Oueu every uignt-wI,h a Ara
slass entertainment.
n.pvv,rvp-s Iss -.h s.rss,-r,,a ni.,,,..
an e1 ninit,ou-
-.,..u II. p; &c.,.
s . sas,,i, =. .. Coue-i.'
see1uIe ~ eA1io - Va oc'u'-'ui pSuo'at
ODD tkLLows dALL.-Tne great Mnseum
OF Art so,uN Lue-hKe Models.
TEE LICENSE QUESTION In CoURr-THe
xgvor,s y3o,,.,-E n,.-...,n, D..,.;on ~ csi
'.
|1seh' toJttT-OfsSsnnng OPtnf0hs y |Hdye
Wylse and Olia.-This morning IN the case Of
John Bartlett agt. the Mayor-applicstion tor
q writ CT mandamus 20 compel the Mayor 10
issue q license as pawnbroker-lrgu-a yes,sr.
day by Mr.. Maroury To- the petitioner, and
Mr.. Cook for the respondent, the court DIS
missed the petition for the writ Judge Carter
held that the Mayor had the power 10 issue tas
license OF not at his discretion and afte- refer
ing At some length to the laws of Congress CIV
ing the Corporation power TO las ne licenses, aud
the ordinances of the Corporation m rsfsrsnc.
TO licenses, remarked that while fr, 10 admit
that the question Is open to a diversity OF opin.
lon, ye, the discussion upon this point nv th-i
predecessors, and the W hole logic ofthe suOl ct
made IL very clear to hts mind mar the discre.
ton both IN reason ana in law, was. and Ough,
10 be reposed in the Mayor TO determine n.
eharacter of the man tna, snould exercise thi.
donb,ful business OF pawnbroker His recon-
mendaiiOn would be 10 repeal thu whole thing
and grant no likeness whatever to them for
they are the next neighbJr To thieves practi-
cally.
Judge Wyhe said he was compelled 70 DIS
sent from the decision rrached by tne CJnrt in
Tins case The chatter of the caiy, granted oy
Congress, conferred upon the CORPORATION o,
Washington au,esrity TO Hcsnse pawnbrokars.
If The COOPERATION thought proper TO exercise
that discretion. He desired II 70 be OBJ srysd
fion and not upon the Kcyor, az being ONLY On.
branch of the Corporation. In pursuance of
the powers thus granted an oraInancs was
passed by the C5unc.ls making 1t nnIawfui for
any person to carry on the business of pswu-
broker without a license obtained from the
Mayor, for which he was to pay q specified
sum TO the Cooperation and the ordinance
directed that the license should be signed by
the Mayor and countersigned oy the Register
In the passage Of this ordinance the Corpora
ton exercised the discretion conferred upon nc
by Congress. The Mayor had no discretion
about IL at all. The Corporation had acted aud
the Mayor was merely the executive officer Of
the Cor poration. The Mayor has no power 70
dispense with an act of the Corporation. Where,
he would ask did the Mayor get the power
TO dispense with an act of the Corporationl
This claim on the part of the Mayor, of the
dispensing power Of an set Of the Corporation,
was eImiler in ARROGANCE and presu m ption tn
the claim set MP by the Stuar,s which brought
about the revolution of 'SS. James 4 under
took to assert the right on the part OF the
Grown to dispense with the operation OF the
acts of Parliament in such cases as he arvr
proper and the result was we'll known The
Mayor had NO power to dispense with this
ordnance II was his duty 70 exscnta th,.
ordinance and in directed that a license rnigh,
be ob.alned by anybody, ON piymsnt of ma
reQuisite fee And il WAS remarkable too
that in regard to this pawnbroker business the
ordinance used precf.ely the same language
that IL did In regard to n merchants right 10
carry on his vocation. II the Mayor had the
power 10 inQui into mans moral character.
INTO his fitness TO carry on a vocation for
which he applies for a license how was he trv
that question: Was a man to be Condemned
without trial. without a hearing! To be con.
demnsd on mere suspicious Who gave the
Mayor such power as that In was /, dsnysr
Gus prerogatiye to clothe the Mayor Win. To
let HIM say who should carry ON different
kinds of business in the city: who shouli be
our merchants; who should be our brokers'.
who should be orr draymen &c He did NOT
fhan To say that II was a dangerous assumption
of power on the part Of the Nsyor which
ought not 10 be favored py IN Court
Judge Olin said thar whist Ne coscurrad
win The majority OF the court in dismlssiug
the application for rnandamus in this n4rticn
lar case the question heinz rnsiuIv one ~,
costs, as the Mayor had granted the license 4,
the petitioner. ne nevertheless vantcd ~ N mi .,er
stood that he regarded the Mayor as bound uu-
der the Law TO grant this and anv other IIcence
provided for on the paymhnt OF TIE amount
prescribed He had examined the subject with
some care. and this examination he'd convince
MN that ,ne Mayor had no right 20 refuse to
grant licsuse. In the ordin ancs passed by
the Common Council, he did Eot see any d.
creton vested IN The Mayor a all Although
the business OF pawnbrokeT might be some
what dIsreput2ble, h inferred, from the Ian.
EuaSe of the ordinance, thai the Common
Council meant TO let ANYBODY pursue their
business VINO ehose TO pay the license, exact
ng NO qualifications as regards character
fitness or number. This was u question Of
very grave importance 10 the Interests OF he
city, and be never could consent 10 hold that
TINS ordnance OF the city vested this di<crs-
uonary power IN the Mayor, unless the Com.
mon Council IN the abuse Of the discretion
conierrto upon them should transfer and make
oEe-uan power, thus placing 10 III the con-
Iol OF the Mayor 10 say what mau should not
pursue MS yoeaiicn either as merchant. tailor
or other occupation during his brief period of
omeiai LIE. II thai Were the law, II would be
nigh time TO repeal u, in hts Judgment. but De
"AshIN1roN Co-oPksATivk BUILD
& eU'nPieeec tne revision Oh us
So.suluuOn iast niSut, tue eject OF winch Will
y 70 cduse tne hhaI settlement or 'ciose' o!
80. -. III SH Iu less tnah eisn. years from
,absh . ~ VOC On the ain-noed form was
s " anu nay, ana out one nay vote
easL Inc new features are, cancellation
1880 wh q seelement OF an advances Is
Ieo,, ciPauon ia the pronts oy the oor-
ioN,i oy Casu aiIoWahces- aho py the close OF
Iue hSsoCiauOn' permission 10 OBTAIN ADVANCES
- - q - '--4-y aiic tue acc plahce OF par
.lai pay mems on advances and guarantee of
usn per Seht lnterest on the amount paid in on