Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-20
M'CALLIN VS., BROWN
Dime Museum Licenses Re-
Voked and Arrests Made.
WILL EXTIRPATE SHOWS.
MeAleese Makes Informations Under
an Ultra-Marine Law.
WHICH has SUPERIOR AUTHORITY?
Chief Brown Says, Hereby Revoke, and
States That BE Means 1t.
WILL EXTIRPATE SHOWS.
WHICH HASsUPERIOR AUTHORITY?
HIS HONOR'S UNRUFFLED DEMEAEOR

Mayor McCallin issues q license for q
museum show; Chief J. o. Brown, of the
Department of Public Safety, revokes it.
The burning question of the hour is, "Who
is Mayor of Pittsburgh" That was precisely
the condition of affairs yesterday in this city,
Under the new charters operations Mayor
McCallin was popularity supposed to be
shorn of much of the municipal authority
which appertains to Mayors of other cities,
but no case has arisen by which it could be
determined how little power Mr.. McCallin
welded as against how much power was
vested in his subordinates. The events of
Yesterday have set the politicians agog, and
may lead to lively developments in the near
future.
The question of whether q license granted
by the Mayor of Pittsburg will protect the
manager of a show, the exhibition OF
which is condemned by the Department of
Public Safety, was temporarily settled last
night, by the shutting up of every place of
the kind in the city, and the arrest of all
the proprietors. They were John Wal
thauer, $50 Smithfeld street; Adam Car
Isle and Nicholas MeNeal, % Sixth street.
Aaron Levitzky, whose show was closed at
IL Sixth street on Friday night, is still out
on s., 600 bail and will have a hearing on
Monday before Judge McKenna. There
were two informations made against each
proprietor bv Inspector McAleese, which
read as follows:
M'ALEEsE's INFoRMATIoNS.
That said defendant on October l9. 1889, and
divers other days and times before did erect,
Set up establish, ETC., certain public perform
ance and exhibition in violation of the laws of
the Commonwealth of Pennsylvania and with
out having obtained any license therefor as re-
Quired by law, ana did also operate etc, the
Eaid place in such manner as to cause the
congregation of a large number OF persons upon
the public highway to create noise and confu-
sion
And thereat did also give. exhibit, etc., lewd,
lascirious immoral and degrading exhibitions
daily; and also did daily, by virtue of false and
untrue handbills, signs, paintings, pictures and
personal solicitation at the DOORS Solicit entlce
and induce many citizens, including women
and small children, TO enter and view the SAID
immoral ETC., exhibition SO given by said de-
fend2nt al the said place aforesaid and for
which entrance persons so entering, or induced
to enter, were compelled to pay sums of money
therefor, thereby creating in the said place
public nuisance, contrary to the legislation in
such cases made and provided
Wherefore deponent prays that a warrant
may issue and that said defendant may be ap-
pretended and held to answer the above men,
tiOn charge of erecting and maintaining
public nuisance. JOHN MCALEESE,
Inspector of Police.
The second information was to this effect:
That the said defendant did on =. and
divers other times in the city of Pittsburg,
show, hold ana exhibit certain exhibition for
gain without first having obtained license
therefor according to the actof General Assem-
bly,. approved May 10, 1852, contrary to the act
OF Assembly in such cases made and provided.
CHIEF BROWN VS.. THE MAYOR.
Notice was also served upon ali the fake
museum proprietors In which Chief j. o.
Brown revokes any license which may have
been granted. First, conceding that such
licenses may exist the notice goes on to say:
hereby revoked, and made null and void by me
for, among others the following reasons:
First, That the said license, if any there be,
has been improperly issued.
Second That you have not obtained any State
license for the exhibition of any such shows. as
provided for by an act of assembly of this Com
monweslth, and that your said exhibition has
consequently been conducted in direct viola
tion of said act and therefore your alleged
city license is null and void ana of no effect
Third, That your exhibition, show or museum
has been conducted by you in such a defiance
of law as to be public nuisance and therefore
city license therefor would be by this fact
rendered null and void. Respectfully
Chief of Department of Public Safety.
In an interview, subsequently, Chief
Brown went over the exact ground advanced
In the informations and notice and stated
that he had had ample legal advice as to his
power under the new charter. He declined
TO state whether he conceded any rights to
the city and pinned his faith to the act of
May Is, 1852. Further he declined to COM
NIT himself
MAYOR M'CALLIN QUITE EASY.
Mayor McCallin was seen last night and
requested to state what were his opinions
upon the attitude assumed by Chief J. o.
Brown in reference to the dime museum
licenses.
The Mayor said: "I shall make no move
in this matter. If the people consider them
selves aggrieved they can take an action
against Mr.. Brown"
"But," it was suggested, 'fMr. Brown is
your subordinate. 1t is considered strange
that he should overrule you by revoking
licenses granted by you"
"Not at all, % replied the Mayor. "Mr.
Browns action has not hurt nv dignity in
the least. You see these museums are granted
their licenses on the condition that they
keep within the limits of the license laws.
When 1 grant licenses, cannot ask every
museum proprietor for guarantee that no
immortality, or disorderly conduct shall be
\ permitted in his show. grant the licenses
conditionally. If he does not obey the law, his
license becomes forfeit andChief Browns S turn
comes 1t is the same with man who is given
license to use dynamite for blasting pur-
poses. If he injuries property through
carelessness, his license can be taken up by
the police authorities"
"As said, however, if the people consider
Mr.. Browns action to be arbitrary, or lack
ing in just grounds, then they can prosecute
Mr.. Brown and the police authorities. But
I am not going to institute an action in de-
fence of anyone who has i'll used my Ii
cense."