The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-31
THE LICENSE LAW.

THE LICENSE LAW.
an INTERESTING MEETING OF TBI
CITY COUNCIL.
Tho Fire Department-Alderma Gage
Thinks tho Steam Companies Very
Defeient-Mayor Wagner and the
License Law-Its Amendment and FL.
nalAdoption.
An extra meeting of the City Council was
held at seven O'Clock yesterday evening. The
Mayor and thirteen Aldermen were.present.
The minutes of the last meeting were read,
and Alderman Moran said te detected an error
In the record OF Council upon the bids for re-
pairing the City Hospital, and moved that the
wards awarded to the lowest bidder" be In.
serted, which was done.
On the call for petitions and memorials the
following were presented:
or mariana Porcher, for the remission OF
penalties on the house No. % South Bay.
OF James Glbbes, for the remission of penal
ties for 1872.
Ofcertain citizens, asking for the passage
of the license bill; received as information, to
be considered in connection with the bill.
Alderman voigt asked to see the last
named petition. 1t having been shown to
him, he SID he had copy of 1t in his pocket,
and that it came from Mr.. Lucas, the inspec-
tor OF ofthalower wards, and that most of the
signatures were those of street laborers.
The Mayor read the report OF A. G. Welton,
keeper of the artesian well, showing that the
receipts Of the past six months had been
1881 q, and the expenditures 1921 50; balance
$500 ss. He also called attention to the fact
that since the removal Of the trough much
water had been daily wasted. The trough now
requires about L, 900 gallons per day, or one
halt the product of the well. The conmuni-
cation was received IS Information.
The Mayor,read the following communics-
tlou from Recorder .Prtngle, which was re-
ceived as Information.
OFFICE OF THE CITY RECORDER,
CHARLESTON, December 80, 1872.
TO ths Honorable John A.. Wagener. Mayor Of
.sSMcfca@stances Scsa entirely beyond my
from receiving the copy Of the following pre-
ambjeI and resolution. OF the City Council,
which the clerk of Council has sent me
ssWhereds, 1t seems that questions OF law
are made by citizens In regard to the legality
of the license bill now before Council for
adoption: and whereas the cause OF objection
NAV seem to others as 1t does TO some MEM
bers of this Council, to be for the ultimate eX-
emption Of the richer at the sacrlfce of the
poorer, be It ~ -
s.Resolued, That the legality Of the bill In
all It's parts be referred TO- the city recorder for
l.I1 90 nrnH
I: :egret that time gill not permit me, before
the meeting OF Coancll to night, TO give such
an opinion upon the parts Of the license DILL
now before Council which the Importance OF
the matter demands. ! cannot do more than
state certain general principles Which hsa seem
that license laws are of two kinds: First.
Those which require the payment OF license
fee by way Of raislDg q revenue, and are
therefore, the exercise OF the power OF taxa
ton. 2sa6opd. Those which are police regula-
lions, and which require the payment OF such
cense and Of enforcing the regulation.
The imposition Of license tax as police
regulation, am Of opinion, is clearly within
the power and authority of the City Council.
All those matters of general order, public
satety and good morals, which need the regu-
be snbiect 70 the imposition Of a license. Nor
does itseem that the courts WILL examine very
sIo.ely into the expense of q license with a
view TO adjudR6 It q tax when 1t does not ap.
pear to be unreasonable In amount, In view OF
its purpose an 8 regulation. But whether the
City Council has the right, aGs under tae proVi-
sIons OF the constitution Of 1858, to impose
Ncense fee by way Of raising revenue is
matter OF more difficult solution.
The question whether the State has such q
power Is now pending before the Supreme
court, and will be argued aud determined at
the next term Of the court IN April. a.,
,The{ {eslssture, by an act approved nrst
March, 1870, authorized the City Council OF
Charleston to require the payment OF suca
sums of money, not exceeding i've hundred
dollars for license, or licenses, as ID tneir
Judgment be just and Wise, by any person, or
fn any calling, business or profession, 10 Whole
or In part, within the limits of the City OF
Charleston, except those engaged 10 the call
Ing or professioR, Of teachers OF puollc OF pri-
yats schools, and ministers OF the gospel.
Provided, That no distinction snail pe mace
on account of race or color. To what extent
this act constitutional, can only be concll.
sively determined by the principles which will
be adiudged In the case now penan8 before
the snpreme Court. And it is matter for
the legiNlative wisdom OF the Council TO de,
eide to What extent they should be oontroneo
by any anticlpation OF the Judgment S!oads 2! ede
Supreme Court. regret, as l nave ALREADY
said. that am unable, from want OF time, 10
90 more into the details Of the bill now be-
fore Council, but it will not be dlficnlt for
the Council, as the points.of the bill come up
for discussion, to make application as seems
best to them OF what have written.
Very respectfully,
49,. W. ALsToN PRrNGLE,
City Recorder.
The committee of ways and means submit
ted report on the petition of merchants Tor
the removal OF licenses from agents of manu-
factnrers end commission merchants selling
only by the package.
Alderman Gage, of the committee on con-
tracts. said he had received two additional
bids for repairs to the City Hospital, and ask
ed II they should be considered. Council de-
cided in the negative.
Alderman sweegan offered bill autho-
rislng the landing and storing of naval stores
at any wharf In the city, which received Its
first reading. Tho present ordinance con-
anes the landing and storage Of naval stores
to the Wharves above Laurens street.
The bill to regulate the pay OF the Fire De-
partment was taken up for Its second reading,
and read by sections.