, 1873-06-12
THE MAYOR AND THE COUNCIL.

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THE MAYOR AND THE COUNCIL,
. Tho Mayor OF Chicago vetoed, on Mondn
, last, resolution Of tho Common Council cal
, ing On the City Attorney for certain informatio
, respecting tho revocation Of liconsos, and tb
veto Ia placed on tho ground that tho reso1utio
! Is preceded BY certain "wheroaaos' which con
} sain rocitals as to tho Official action OF th
Mayor which "are untrue In fact." Thi
ratsea tho question whether the Mayor va
Justified In votoing such resolution. 1h
charter makes 1t the duty Of tho Moyor anf
other city officers to furnish all information
which may DO asked by tho Common Council
1t also gives tho Mayor tho veto power. Tht
Mayor WINS required. in order to give validity
to tho resolution Of the Council, to officially m
provo It, He disclaims in his veto any purpose
70 prevent tho furnishing Of information, but
Objects TO placng his nana to recital Of
oisclal acts by him, which recital Is untrue, Hs
Objects to making an official record, atteatod by
his official signature, which would bo 1ntrue.
Ho objects to certifying as Mayor that ho had
done certain acts, when in fact ho had not done
them. Wo suppose TINT thero Is no doubt TINT
the Mayor is Justified in refusing to thus plead
guilty to official miRdomeanors; and has q
right to domand that, when the Council con.
vics him Of official tmproprioty, It shall
Do dono In tho manner prescribed by law.
- Ino coanc'l has to do Is to strike out
5ho " "hereases," and pasa tho resolution ask
ing 1oz tho information. a correspondent.
through thta paper yesterday, cited section Of
tho Mayors bill requiring that oflcer to furniah
tho Common Council any information asked bv
that body; but tho resolution passed by tho
council In this oaso was not addressed to tho
Mayor. but to another oflcor Of tho CITY.
Iho question Ia now. however, to be made in
tno Common Council, that the Mayor has no
authority to rovoke l1censos oxoops in the
cases Of persons convicted Of gambling. i'm
morality or kooping dsordorly house, or H.
eonsoa issued to fcmales, or to persons not in
possession Of tho premises whore liquor ia ao]d,
The ordinances Of Chicago for tvcnty yeare
paat haVo conferred on the Mayor tho power to
revoke licenses at his discretion for varions
TINT this exercise Of power by tho Common
Council has been. illegal.
The city charter, from tho day Chicago WAS in
corporated, has conferred power upon tho Com
mon Council to "rogulate and restrain thu
selling and giving away Of spirituous mud fntox.
icat'ng liquors, md to mako my law or rcgua-
t'on TOT the preservation OF order and doconov.
IND to provide any and all necessary penalties to
oh1orce lts ordinances. Tho revocation of H. |
conse is but penalty for tho violation of an
ordinance, and tho Common Council have Of NO.
ceaelty the power to include that rs q penalty.
LII fact, all lfconsoa issued In this CITY pre by
Inv subject to all such laws and regulations as
may DO IN forco at tho timo, or may theroaftorbo |
enacted by tho Common Council, It ia un-
necessary to quote these provisions, which
have boon substantially In forco for over twenty
years. It Ia not too late, OF courao to raiBo tho
question whethor tho Common Council has tho
power to provide n revocation OF a 1couso M
penalty for violation Of the city ordinances, but
'uch has boon tho law for twonty years, and tho
Mayor has no right to assume that It was una,,-
horizod or unconstitutional.
But, independent Of this law on tho subject,
ivory peraon obtaining liconso from tho ctty
or SALOON gives u bond conditioned upon oi-
orying oil ordinances Of tho city passed. or to bo
'asHet, "and that ho will not koep opon his bnr
u place for tho sale Of such liquors, nor aoll,
i've away, Or in any manner deal in. by
limeelf, aorvant, or any other person, any
Ytnons, or mixed, formonted, Or
ntoxicating liquors on Sunday" That Is
ho contract mado by the person licensed with
ho city, and ono OF tho ordinancov which In
lin agrocs to observo provides that tho Mavor
my revoke aaid licenso Whenever It shall mn
our to Lis satisfaction that the party 10 licensed
Aall have violated any provision Of any ordi-
anco OF tho Common Council relating to spirit.
ous liquors, Or auy condition Of tho bond aforc.
ill.," Thoro Ia another law Of tho city which :
akea revocation Of liconao u penalty for tho !
'lrl oifonse OF keeping hol1ao whore minors !
o permitted to drink, and 1t prohibits such I
'rson from ovor after obtaining alicenso to soil '
luor In this oity. t
There Ii no question whatever tllas tho Dfayor q
ls, under Tho city ordinances, full authority at
u discretion to reyoko any aaloon ltceuao for p
olation Of tho city ordinances, or for keeping
on On Sunday. Whether tho Common Oouu. I
had any authority to enact suoA ordinances Is !,
question foT tho courts. and not for tle Mayor. b