The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-07-29

The Varieties and the City Ordinances
The city ordinance governing public en-
| tertalnments that has been in force in
this city for number ofyears, and which
was repealed on June 25, 1880, reads as
follows: "Art. $3.50. Every person who
shall keep or exhibit any theater, concert,
circus or equestrian performance, menag-
erie or any exhibition, shall employ, at
the discretion OF the mayor, one or more
of the city police for the purpose of at
tending such exhibition and preserving
order and decorum therein, and shall pay
| TO each one not less than 80 for each ex-
hibItion, and admit such officers free of
charge; and refusal or neglect to do so
shall work q forfeiture of the license
to exhibit, and subject such persons to 4
fine of not less than 50 nor more than 500
for each exhibition" On May "a Alder
man Plat took his seat and had the oath
Of office administered to him. On June
. he attended the first meeting of the
city council held after May, and offered,
as an amendment to the above ordinance,
the following: cart. $3.50. Every per-
son who shall keep or exhibit any thea
ter, concert, circus, or equestrian per-
formance, menagerie or any exhibition,
shall employ, at the discretion of the
mayor, some suitable person to be sug-
gested by the proprietors of the same, to
be approved by the mayor and with the
consent of the city council, for the pur-
pose of attending such exhibitions and
preserving order and decorum therein,
and shall pay same not less than $50 for
each exhibition :" The amendment was
read first time and, on motion of Mr..
Platt, was placed on its second and third
readings and passed, under suspension of
the rules, the following aldermen voting
in the affirmative: Boardman, Metz, Male,
Plat, Robertson, Reichman, Sheehan, To-
bin and Wahrenberger. The disinter-
ested citizen will see at glance that this
amendment, as was evidently intended,
takes from under the control of the pO-
lice authorities the free-and-easy variety
shops. 1t virtually, as was doubt
less the intention, gives the managers
tainment the exclusive right to APP
point their own police officers Of
course, it says such appointments must
be approved by the mayor and city coun-
ell, but it signally fails to tell how
the mayor and the city council are to tell
whether the persons are suitable or not.
OF course the managers will affirm they
are the very best and most efficient per-
sons to be found anywhere, and, if nee
essary, will produce a dozen or more of
other men who will calmly aver the same
thing, and no recourse will be left but for
the mayor to approve the appoint
ments. If this brilliant piece of city
craftsmanship stopped here, possibly the
city could labor along under it, but it
don't. The disinterested reader of the
above amendment can not fail to observe
that it is so framed that the free and easy
variety manager, in whose interest it was
introduced, can absolutely refuse to ap-
point an officer if he sees fit, and the city
has no power to compel him to make the
appointment. Under the amendment,
the manager of any public entertainment
can run his establishment to suit his own
sweet will, and can keep order or not, just
as he pleases. The disinterested reader
will also observe that the amendment car
ries no penalty, should the manager re-
fuse to comply with any part or the whole
of it. 1t was so ridiculously absurd that
| as soon as the mayors attention was
called to it, he, in communication to the
city council, called attention to its de-
As a.
nance was referred to a committee
of three, Boardman, Reichman and Nalle.
| The committee, after a careful considera-
| ton of the matter, reported that they
found the amendment "defective," and
| recommended the passage of one almost
similar to the one that had been in force
up to June %, with the exception that
the fee paid the officer was reduced from
So to $3.50. This amendment, on motion
of Alderman Croker, was promptly ia
| bled and now the free and easy variety and
| all other public entertainments can con-
duet themselves in this city just as they
please, the mayor, city council, and police
to the contrary Notwithstanding. 1t will
be observed by those who take the trouble
to inquire, that Capt. Millett, proprietor
of one of the largest opera houses in the
state, never objected to the law in force
up to June %. 1t will be observed that
no travelling circus, concert or other en-
tertainment ever objected to the law.
No one ever objected to it, not
even the variety men, until the STATES
MAN began to expose the ''ways that are
dark and things that are crooked" carried
on within their precincts. 1t is but just
to the members of the city council to say
| that the amendment on its first passage
was passed hastily and without mature
| reflection, and when its defects were
pointed out Alderman Reichman, Board
man and Male promptly moved for its re-
peal, and introduced an amendment free
from defects, and which would again
place the free and easy and all other en-
tertainments under the control of the
city police. Their suggestions and
amendment were tabled, on motion of
Alderman Croker, and the free and easy
variety show is supremely happy, and can
pursue.its avocations of bringing young
men to ruin as il deems best.