Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-14

~ SSNSo'A 49,
held last night.
BOARD OF ALDERMEN.
The President stated that the Board was called
10 meet by he Mayor to hear his veto of the
act amending the code, chapter Ii, section E.
The Gle read the Mayors veto which Is as
follows:
To the members of the Board of Aldermen:
GEH!LEAE> return to you without my ap-.
prevail "An acs to amend the secona Secsloh u
eli spter xiii of The laws of the city of Aexsndrla
adopted March 80, 1874" with the following oo-
iectons, VIZ: You are ware that you CAD neltn-
Ar mass an act in direct cpnhct with the consu-
tuition Of the Stale, nor pass acts TO SET aside or
impair the operation Of the statutes OF the Leg
;sIsture passed III pursuance OF the constitution.
You will remember when call your attention
to The .ta.ute on page 1879, section TO-, OF the
cads Of Virginia, that you did abso! ut"l7 pass
an amendment which il not only al impairment
of the operation O. a law OF the State, rut posi-
lively in conflict with it | presume you do no.
desire history To put you m the pue!le aio tiuio
ulous position Of attempting to I'm DALI, oy an
amendment to al act o! the City Council, 4W
of The code cf Virginia. The following is tae
statute: Sec 10. ii ANY person arrived d. Ihe
ape of discretion prolanely curse or s"ear, OF
gst drunk, he shall be fined by justice one
dollar for each offence" 1t is thus see: that
v.,ur proposed amendment does absolutely pre-.
June to annul an act passed by the Legislature
of Virginia in obedience to Its cons tltltlonal
right; and do not desire you 10 stand convict
cd Leiore an intel g mt ami discriminating Goa
sttuancy OF the ludicrous IDLY Of the al.elnpI 10
render null and void y law of the State by an
amendment to an act OF the City Council ior II
cannot be presumed for moment mat me Leg
isa .ure in granting ch.rter 10 Lac
people of Alexandria to firm cor
noraliuu ever medltated that It's City Coun-
ell should have the power to lass any act
"A m nT
slightest degree render to the least extent IN
operative any law of the State of Virginia. For
these reasons and other objections equally
stron; i return to you the amendment without
my signature OF approval ,
j B. JOHNSON, Mayor.
Alexandria, October Ii. 1876.
MIR. Armstrong said that he occupied the
same .stlou now that be did when ne voted
for tn: bill, but did not want 10 do auythlos to
| the injury Of the corporation treasury, II by
reneaiug the corporalioo law we put the mat
ter under the State Jaw, and thereby lose the
| 6nes, would il not probably be better to let the
mater al ne. H. understood they had a
Nav r in n orfolk very mueA like the present
Incumbent here aud that he was foing drunk
ards uoder the State law.
Mr.. Jauney said the city law did not co. flct
with the State law, the former II amended
| fined nau FIVE dollars and the latter only ooe
dollar. Further, the State law sald uothlng
ab 3ut disnrderiy Conduct, but the city law did.
| Ge did not want the poor druukard's dollar 10
! heIu him pay taxes. dc cxhorttd the Board
| to adhere to its former action.
MIR. Male thought the matter an important
one aud worthy OF meture consideration.
| Mr.. Armstrong suggested the question as 10
whether drunkenness did not Constitute dis
| ord.r
The roll was then called and the act uaanl
npusIy passed yer the Mayors veto.
COMMON COUNCIL.
The attendant. al the meeting Of the Con-
mon Council was unusually large.
The Chair stated that the meeting bad been
called by the Mayor TO receive his action dis
approving Of the act of Councli ameudlng the
law 10 relation 10 public drunkenness
| The act disapproved Was received from the
Board of Aldermen, having been pissed by
that Board over the Mayors Veto
| Mr.. Scales spoke at some length 10 favor OF
| the Mayors veto, and MIR. Miller ID opposition
| to II.
Mr.. Evans said be was Informed that the
words of the State law were Identical with
those of the Corporation law, and that the only
effect of the amended law would be TO turc
the hues toto the State Treasury instead ot that
of the Corporation If this were so be thought
that the law had better remain as 1t was, aud
the veto be sustained.
MIR. Ford said he voted for the amendment,
but be had since been informed hat its effect
would be only 10 lurn money from the city
treasury to that of the State, aud If that were
So he would now change his vote
The Chair said that the message oil the Mayor
Wa 90 the clerk table.
r. was suggested that it be read
The clerk reading, 'To the Board of Alder
men,
The Chair said the message was not address
ed to the Couucl, aud its reading was sus-
pended.
Mr.. Scales moved that the readiog be pro.
cecded with but his motion was not seconded.
Mr.. Hughes opposed any change in the &C.
ton of the Board, by which the amended bill
was passed, as he was sure that % loss to the
city treasury would result from the passage OF
the bill over the veto.
The Chair-No Mayor has ever imposed a
6oe under the State law.
Mr.. Mushbach was surprised that gentle
men were willing to. continue 90 the statute
book bad law merely because 1t would bring
money iuto the city treasury. lie Was sure
that the wording of the State act and OF the
Corporation act was not identical. The State
ac; looked only TO the punishment OF the prac'
tice of getting drunk, and was never Intended
for the punishment of single, isolated, perhaps
accidental act of drunkenness. Indeed this
was The spirit and intent of the city Law, and
it bad bees SO construed by all the Mayors,
many Of them excellent lawyers, for AZ years.
The man who is now executing the law is so
ignorant OF the uelhod- OF proceeding that he
coufounds the Corporation law and the Stale
iaW. The fines for selling liquor on Sunday
against State aw) he bad paid into the city
treasury. This money would be called for by
the State at time when the city, perhaps,
was less able to pay it than now. Some of the
policemen be understood, made half of their
salary 10 these arrests, for it seemed that 10
thes liquor cas- there were 20 witnesses belev-
ed but he policemen. He had been made TO feel
this 10 some cases where be had been employed
as counsel
MIR. Lambdin thought that it would be but
courtesy 10 the Mayor to read his message.
The Chair-You might have seconded the