The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-01-22

I
ing conducted under sneh pretended au-
tnorlty In violation OF law, with the
and
WHEREAS, The money paid for such
oh1elal recognition has not been nor sui
fered to be deposited in the treasury as 8
Zee, but is kept by the officers so collect.
ing the same; therefore
ReSOtred, That n committee OF three,
consisting Of cOuncilmen McCarter, Ep-
stein and IIibben be and they are hereby
appointed 10 investigate the acts OF the
mayor and marshal as set forth in the
above preamble, and report to the coun-
ell At the next meeting all the facts, with
such measures as the council should adopt
in relation thereto, and that said commit
ney as they may desire to aid them in the
Investigation.
Pursuant to the above resolution your
| committee proceeded to the Investigation
| Of the matter therein alleged by the ex-
| animation OF witnesses and securing their
| statement, which examination and state
mcnt are herewith returned for the peru
sal or the council.
Section list, OF an ordinance entitled Gan
ordinance relating to Iicense,'' approved
May 18th, 1870, reads as follows: All
auctionmen, peddiers, pawnbrokers and
all proprletors OF shows and other exhibit
tons for pay, billiard tables and other
game tables hired for pay, and bowling al
leys, are hereby required to procure = IL
cense before they shall engage IN their re-
spectiye avocatiOn within the limits of
this city.
Section LIST OF an ordinance entitled ian
ordinance In relation to licenses ap.
proved June 2lst, 1871, reads as follows
That 1t shall be unlawful for any per-
son within the corporate limits Of the city
or Emporia, in the county of Lyon, state
Of Kansas, without taking out license, to
charge, demand or receive any pay or re-
ward for any game. play or pastime,''
etc.
Section 1st OF an amendatory ordinance
approved Sept. 22d, 1874, reads, THAT
section one OF an amendment to an ordl-
nance in relation to licensing billiard ia
bles and for other purposes, be amended
so as to read as follows:
SIC. l. No license for any purpose
mentioned in the proceeding sections of
this ordinance, shall be issued except lIn-
der the direction of the city council, and
not until the applicant shall lille the re-
ceipt OF the city treasurer for the taxes
hereinafter prescribed, With the city clerk,
AMI said applinant shall also execute a
bond to the city OF Emporia in the penal
sum of $3.50 with sureties to he approved
by the mayor, conditioned that no intoXi-
eating liquors shall be sold on or abont the
| premises designated in said license That
the applicant Will keep an orderly house
or other games on said pi emises, or re-
main or lounge therebout, without the
written consent of parent or guardian of
such minor, and will close the premises
designated in said license at or before the
hour OF 1880 O'Clock n. IN. each and
every day when the same shall be opened
for business during the time for which
said license Is granted.
Section So of the same ordinane reals az
follows: 1t shall be the duty of the city
marshal, assistant marshal, or any police
officer to demand of each aud every per-
son found within the city persuing any
avoeltion or calling or keeping or useinr
for pay anything whatsoever herein con.
templated, to show the license therefore,
and to arrest all persons thus found Vio-
lating any OF the provisions of this ordi-
nance.
Section - of the same ordinacc reads as
| follows:
"Any officer who shall accept or re.
ceive any hush money or any valuable
thing from any person or persons holding,
| having, keeping or selling ANYTHING in
violation of the ordinance, or any officer
who shall grant any immunity or protec-
ton against the rigid enforcement of the
| ordinance, or the execution of aay law or
ordinance to suppress, restrain or prohib-
| it disorderly practices, game houses and
place OF business, shall be lined, upor con-
victiOn, in any sum not less than twenty
| live nor more than one hundred dollars,
or may be impris oned for any time NOT
exceeding three months or both, in the
discretion of the police judge, and any
| O1liCer convicted of any such Offense shall
| be dismissed from his office, and shall not
| be eligible thereto. or any other office OF
homer, or trust under the ordinance cfthe
| city.
! Section 81 of article of an act entitled
| can act to incorporate cities of the second
| Glass; reads as follows:
The mayor shall preside ~ all meetings
of the city council and shaIs have a cast
ing vote when the council is equally di-
! vided and none other; and shall have the
experimenting control Of all the offices
and officers of the city, and shall take care
that the ordinance of the city and this act
| are complied with.
Section p of the same act reads:
The mayor shall be active and Vigilant
in enforcing all laws and ordinances for
the government of the city. and shall
cause all subordinate Offices to be dealt
with promptly, for any neglect or viola
ton of duty, and he shall have such juris-
diction as may be vested in him by ordi-
nance over all persons within five miles OF
the corporate limits of the city, for the en-
iOrcement of any health, quarantine, GEN.
etery or water works ordinance and reg
ulation thereof.
1t will be seen from the above section Of
the law above referred to, that before any
|
string to run any gaming tables, or to fol-
| low any of the branches of business men,
| TONED in said sections, he or they must
have a license and otherwise comply with
the conditions therein prescribed. The
proprietor Of any billiard hall, before he
can open hi establishment as such, must.
under the law, not only take out license,
| but he must file an approved bond in the
penal sum Of $3.50, conditioned that he
will not allow gambling, nor the selling
OF Intoxicating liquors on the premises;
| that he Will not allow minors to plaV or
lounge about his place of business with
out the consent of parent or guardian.
| ANY person will certainly admit that these
are very good provisions, and ought to be,
as the law requires they should he en-
forced, let who suffer may. Then if it, is
admitted that the provisions of the law
should be enforced, it must be admitted
| that the wilfuI violation should be con-
demned and especially so If it shall be as
| certaIned that officers of the city consent
TO the violation. 1t will be seen also tn at
the law as well as the ordinance of the
city make it the imperative duty of the
mayor &c enforce the law of the city, and
under his oath of office no excuse or pre-
text under the law can justify either the
mayor or any other officer In consentinc
10, or arranging with party to violate
| the law.
From the evidence taken by the COM
mlttee the following fact has been estab-
lished:
/. Nj. Campbell conducted his billiard
business for pay from the first of JANUARY.
| 1919, until the II of January, 1875, with
| out i license, and without giving the
bond required by the law, and without
paying any money into the city treasury.
And, it appears considerably in the evil
dence, that he did so conduct his billiard
business from the 9Th day of Jan. 1873, un-
I'll the 18th day of January, 1875, with the
knowledge and by the consent and with
the approval of both the mayor and mar
shall OF the city. That on or about the 5th
day of January. 1879, the marshal went to
the mayor and asked him in substance
"what shall be done with Campbell:'' The
mayor directed him to see the city attorney
But the city attorney was absent: he con-
suited with MIR. Sterry, and 1t appears
that he merely suggested or expressed the
opinion that If no one objected, he, the
marshal, might take the money, and give
receipt, and allow the business to con-
tinue, until such time as the council
might act on his application for license.
The marshal acted upon this suggested of
Mr.. Sterry, collected the money, S35, of
Mr.. Campbell, proprietor of the billiard
hall; and gave receipt for the same as a
license fee. for six months, from Jan. LIST,
1910, until June 30th, 1873. On the same
day hat the marshal made the arrange
IIlent with the proprietor of the billiard
hall, he informed the mayor as to what
/ he had done, and he 1.-THE mayor APPROX
! theIunning of the establishment without
a license; knowing, also. that the money
had not been paid into the city treasury.
| hnt WAS haldby tho m Tho okto,SS