Daily Los Angeles herald., 1884-08-12
TINE LICENSE QUESTION.
Assessor Ryan Explains His Action
In the Premises.

correspondent of August 9th, instant, In
relation to my action in the late license
ordinance, submit the following state
ment Of facts. was appointed by the
Honorable Board Of Supervisors License
Tax Collector and furnished bond in
the sum Of $4,000 for the faithful dis.
charge Of the duties of that position.
On the lst of July, 1883, proceeded
to enforce the law. and found some OPP
position to my collections, upon the
ground that the ordinance was uncon-
stitutional, and notified the District At
torney, who brought suit. After suit
had been commenced and appealed 10
the Supreme Court called on the Dis
trict Attorney and asked his permission
to abstain from ony more collections un
Ill the case was decided by said Court.
advancing the reason that If l continued
collections and the case would 60 against
the county, the parties who paid would
probably lose their money, and wanted
them all placed on the same footing. He
granted my request. The case was pend
ing in the Supreme Court seven months,
and May 2sth, 1884, In Banc they a.
firmed the decision of the Superior
Court, making said license ordinance
constitutional and legal in every particu.
l.. l. l.a n
upon the District Attorney for nstiuo-
tious, and he notified me to go to work
and collect, as l was liable upon my
bond for the back licenses. l asked per.
mission to wait until the June meeting Of
the Board of Supervisors, stating. that
would bring the matter up and see if
they would not take some action upon it.
that the collection Of the back license
was an unpleasant duty to n,e, and |
would rather avoid it, unless forced to
collect. He granted my request.
Upon June I'd, 1884. sent the follow
ing Communication, together with copy
Of the decision:
"7'o The Honorable Board Of Supervisors
Of Los Angeles County: GENTLEMEN
Tne contest over the license ordinance
passed by your Honorable body and car
red to the Supreme Court has just been
decided, faid Court confirming your
action as legal and constitutional in
every particular, in respect to said ordi-
nance, and am prepared to enforce the
collection of said license, if so ordered
by your Honorable Body. Yours, very
respectfully, A. w. RYAN,
ssLicense Tax Collector"
They refused TO take any immediate
action in the matter. l went before
them in person ard wanted them to act
and they refused and used as pretext
that they "did not have the reinitiiLur
before them. They did not act on news
paper reports" then offered TO tele-
graph to the Clerk Of the Supreme Court
for the decision, ut my own expense. If
they would take the matter up at their
June meeting The chairman refused.
Upon June 4th, 1884, appeared be-
fore them again, in company with J.. ID.
Bicknell, Esq., Deputy District Attorney.
(Mr. White being abscnt) and tried to
get the following order spread upon the
minutes:
at is hereby ordered that A. w.
Ryan, License Tax Collector, be re-
quested not to collect any more county
license until the further order of this
Board; and that he be released from all
liability on his bond for any such failure
10 collect"
This was also refused me, and tho
Board adjourned in June without taking
any action in the premises.
The District Attorney being absent
from the city at this time, concluded
I would wait his return. Ga the 22d OF
June the District Attorney returned and
| reported upon the action of the Board
OF Supervisors in the matter that they
would give me no relief in the premises.
| He then Informed mo there was no al.
tentative left but TO 40 to work and en-.
force the collection of all the back
licenses. That my bond was liable
1 therefor and If any one should file 4
complaint with him he would be com
PEELED to prosecute me. l then told him
it was only two weeks until the Super
visors met in their July meeting aud If
commenced now they might repeal the
ordinance aud the money collected by
myself and deputies could not be re.
turned. He gave his consent and said
he would send in report and have the
matter brought up at the July meeting.
The following is his report to tie
Board of Supervisors:
''As to the license ordinance, the Su-
preme Court has decided in the cases
Of The People vs. Ponet & Orr and The
People vs.. Ferguson. That the license
ordinance, heretofore adopted by you, is
valid and in consequence the judgments
rendered by the Superior Court Of this
county in these cases have been affirmed.
The result Of these decisions is that
the License Ordinance enacted by you
is still in full force and must remain in
effrct until repealed or modified by your
action or until the Legislature inteifs
During the pendency of this litigation
I advised the License Tax Collector Ia
suspend operations, although the county
had already derived considerable rev
j enue from his exertions. Under the pres.
ent condition of affairs it will be biz
duty under his official bond to at once
proceed to collect all delinquent License
Taxes. s. NJ WHITE,
Dist. Atty"
The Honorable Board met on the 7tl
OF July, and awaited until the l4:Ii Of
July. They being in session continuous
ly and failed to take any action in the
matter.
then commenced my collections on
the l4th of July and employed four mer
to assist me. With the taoit under
standing with the Supervisors that a,
soon as the back license were all collect
ell the ordinance would be repealed ant
so notified my deputies. Upon the 5tl
OF August l filed my monthly repor
and accompanied with the following
statement:
"Gentlemen:-I have nearly two
thirds OF the back license collected nj
to the first of July, aud will completl
the balance In about two weeks NOR,
with my present force, and by you
next meeting will be prepared to make
final statement OF all collections in th
| premises. have nearly completed th'
collections in the city aud will deyot
the balance Of the time to the country.
| About one hour after my report wa
received l was notified by the clerk tha
the ordnance was repealed. Will,
some OF my men were yet in the fiel,
collecting.
The action Of the Supervisors wa
somewhat peculiar, particularly thos'
of them that went around ,tifyiny
certain business men not to pay thei
license.
Now, in conclusion. will state tn,
reason why / wished the Honorable
Board to take action before / commenc
ed work, to-wit: Knowing that ma
| ior,tx of said Roar1 of S,,rarviso xvar,
candidates for reelection l was afrai,
that after l commenced collecting thel
would not have the backbone 10 siant
up against outside pressure, and woal'
face down (as they have dene) and d.
great injustice 10 large portion of th
taxpayers of this county. This was th
cause Of the delay Of seven weeks afte
the decision wns rendered. and appear
, ing before the Board personally and pe
titioning in writing, and also by attor