Telegram-herald., 1891-08-18
FOUNDED ON Bid ROCK
Mayor Uhl's Reasons for His saloon
Application Veto.
WY VAN DAN AND POLLOCK ARE OUT
In shs Cold. csid weathss-A -AiAsrsa aai<
irsekssy ~ = Disesast-Ihs
Worthless Application ssa
Bssd-uhi speaks ost-

Mayor Uhfs presence at the council
meeting last night threw CONSERVATION
into the ranks OF the supporters of the
hill license. The clerk presented and
read the veto of the mayor as sent
from Charleyoix via. BoyRe City. and
Alderman Mills moved 10 refer TO the
city attorney. The mayer had his
fighting clothes on and promptly ruled
Mills motion out Of order on the
ground that 10 refer mayors veto 10
the city attorney was unprecedented,
but said the attorneys opinion could
BE- called for by the council on any sub
toct IL saw fit. Alderman Saunders
wantad Mr.. Taylor's opinion on the
lgality % veto from the mayor
when the mayor was out OF the city.
The legal gentleman was about TO en-
hghten the legislators when Alderman
Stokes objected. and he subsidized. 1t
was afterward learned that Mayor
Uhi was ready for such course of
proceeilrrss and had prepared an opin-
Con of his own TO Incorporates in the
proegdings co offset anything against
his vato that Mr.. Taylor might say
To tho Telegram Herald after coun-
Gil had adjourned the mayor. after
reciting the history OF the applicati IN,
gave his opinion as follows:
This application or a similar one
was presented TO the Common Coun-
ell some weeks ago; and at n session
OF the council held on the Sth day OF
June inst. all the aldermen elect
were present. 4 similar motion TO
grant the license was then made and
lost. and aftcrward n resolution was
adopted. ma 10 -ity of ali the membe 8
of the Common Council voting in the
affirmative that the application OF
said Van Dam < Pollock be denied
This resolution remains in force; 1t is
the declared will OF the Common Coun-
ell: no steps have been taken for its re-
s'bnNIeration. At the session last
Monday evening. when .he vote was
taken. only nineteen aldermen were
present. A majority OF the aldermen
eject did not vote in the affirmative,
the vote standing ten yeas to nine
nays. A resolution thus adopted
which expresses the will of the coun-
ell when all were present. denying
the application can not be overturned
by a mere majority of quorum, a
less number voting in the affirmative
TO grant the le.ense than those who
voted In the affirmative denying the
same"
The matter there rested until the
meeting of august 10th. the last meet
ing of the council. No attempt was
made TO carry the resolution over the
VITO OF tue mayor; no motion was
made TO reconsider the action by which
the council refused TO grant the license
ut the location named. At the meet
ing OF August 10th no new application
Tas presented. no application what
ever was presented. IL appears by the
record that Alderman Mills sent to
the clerks desk a bond and applica-
tion OF Van Dam 4 Pollock for a
saloon license at 2O7 East Bridge-st.
and moved that the council proceed to
the consideration OF the same This
paper so presented Is not signed by
Van Dam & Pollock or by any one in
their behalf. IL is in no sense an appli-
cation within the provisions of the or
d.lance; II il nullity. Even had it
betn signed. IL Is substantially the
same paper That was once passed upon
by the counch and rejected, the date
oalv being changed. The ordinance
provides that every person desiring to
keep a saloon shall. before license is
obtained for that purpose, make an ap-
plication In writing to the Commo
iCouneil for such license. stating the
number Of location OF the saloon or
other business for which the license Is
asked. which Is TO he passed on.
NO such application has been pre-.
sented. none was acted upon. The
paper sent by Alderman Mills 70 the
clerks desk and acted upon by the
council was not an duplication and
was of no more potency than piece
of Dlartk paper. Had a. been signed.
stilI the action was Illegal and invalid
for the reason that the council af-
fIrmativeiy decided by eleven affirm
alive votes that no saloon license
should be Issued to tl'se parties at
the location named That action
stands unrepeaied. and II could not
b. undone by n mere majority of the
quorum present.
Again. the bond went down with
the application and the sureties to
the came can justly and effectually
contend that they are not bound upon
this bond They may Justly say.
True. we md sign n bond upon a for
mer supposed petition. but that
sppl,cation being rejected we never
consented to become liable thsreaf-
ter
Lastly. within twenty tour hours
after the action taken at the meet
ing of Aug 10Th the mayor filed his
veto giving the reasons why the &C
tion OF the council should not go into
isffect. The charter clothes him with
that power; and n matters not wheth-
or the evto message y written out
sfle or within the limits OF the city
nv virtue of the veto. the operation
OF the ovte or resolution Ia suspended
an, n IL of no effect aniess II suose-
uasntiy preavils hy the requisite vote
of ia. as nxed by .he charter"
ssTt 10 true that the president Of the
roupe,l shall act I'm eertsin cases during
en-. shsence ~ the mayor. bat there is
rotbius IN the charter TO show that
tha maysr-s authority does not rest
v-,th him wherever he may be. whether
a. she city or out of IL The charter
reads Ia regard 20 vetos: NO orde
nance vote etc. shall have any effect
n within tenty tour hours after its pas
ssre the mayor or other officer legally
,lisrhsrginx the duties ~ MAYOR shall
is,,i.re IN the Office % the city clerk eis
reasons in writing why the same
should not % into effect. Tbis se''tion
vou VII observe Savs that the other
cfFicer iexallv diScaarglnx the dasie@
~ mayor may interpose a veto IN
certain rass.s. hut it does nor tn any
- tasa anar th. powers - the