The morning call., 1893-12-07
FEES ON ALL CONCESSIONS.
CRESSWELL.
DECIDES.
All NickeI-iu-tf Slot Machines to
Be Confiscated When the License
Is Not Paid.

License COLLECTOR Lees VIII nave a Verv
busy time during the next quarter, which
commences on January /. There are two
important additions to his duties, which
will keep both him and his DEPUTIES very
active. The first will be the collection of
licenses on all the nickel-in-the-slot ma
chimes in the city. The Supervisors re-
Gently passed resolution fixing the license
for maintaining any kind of a nickel-in-
the-sl0t machine at s. a quarter, which
amounts to about 3 cents day. This was
not thought TO be a heavy tax, as most of
the machines do very well. such as weigh
ing, Photographic, strengthening. for
tune-telliug and various other nickel-in-
the-slot arrangements
After the passage of the new order the
License Collector gave notice to the va
rious owners OF such machines that he
would collect the license. This was only
short time ago and only ffty-eight own
ers of niekel-in-t -the-slot machines re-
sponded.
As there are several thousand of them
In operation In the city License Collector
Lees thought the showing made very poor.
He found gre6r difficulty in locating the
owners of nicEe .-in-the-slOt designs-gro-
GERS. druggists and csndy-store proprietors
pretending not 10 know who owned the
machines. The License Collector states
that he will not stand this sort of thing
after the beginning of the next quarter.
After January be will confiscate every
machine when the license Is not paid and
the owner does not show up.
Another duty which will devolve on the
License Collector will be the collection OF
fees and municipal licenses from all those
who have privileges at the MidwiDter
Fair. Hs expects to reap quite revenue
from this source, as the license for thea
tiers is $500 quarter alone. License Col
lector Lees had some doubt as to his iuris-
dlction in the park and fair grounds, and
III ordsr to make bimseIf certain SUBJ
mitted the question TO City and County
Attorney Cresswell. who yesterday de-
cided that the License Collector had ample
power in the matter. The opinion of the
City and County Attorney is as follows
Fred ". Lees, Esq, License Collecfor-DEAR
SIR: In reply 10 your communication of the
26th Of October touching your power as
License Collector Of this city and county TO
collect licenses from pei sons firms or corpo, a.
tlons engaging In the sale of articles at the
NTiGwinteI International Exposition 10 be held
ID Golden Gate Park in this city and county, /
submit the following:
By an act OF the Legislature of this State. an
proved 1870 (Siat. 1S69-7o, D. So2l, the lands
known aud designated as Gold Gate Park
and Buena Visa Park In this city and county
were set apart and declared TO be public parks
Of said city aud county under the design ations
above named, and said lands so set apart and
designated were placed under the exclusive
control and management OF a board of three
M who are hereby
20, p. S02).
Section Of the said act further provides:
THE SAID board shall have the full and *
elusive power to govern, manage aud direct
the said parks and avenues, 10 pass
ordinances for the regulation and government
OF The same" etc.
Ii is further provided in section of said act:
ut shall be lawful for the said commissioners
to let any portion of the said grounds from
time TO time, until the same shall be required
for the Improvement OF the said parks" etc.
And again in section 13 of said act ii is pro-
Vlded: "lt shall be lawful for said board OF
commissioners TO pass such ordinances as they
may deem necessary for the regulation, use and
government of said parks and avenues not in-
consistent with the laws OF the State of Cali
fOrnia.''
that the Legislature has vested the Board of
Park Commissioners with the full and exclu-
slye power TO govern, manage and direct all
matters pertaining TO said parks and avenues
and said power Is made exclusive.
BY an act OF the Legislature, approved March
30, 1872 (Stats. 1671-72. p. 1857, 1t is pro-
Vided:
'Section 1. II any person or persons whether
as principal or principals, agent agents, clerk
or clerks, employe or employees, or any finn or
any member OF any firm or corporation shall be
engaged in carrying on, pursuing or transac ing
within the limits OF the city and county OF San
Francisco, any business. trade or profession,
hereafter be by law required TO be licensed
without having first obtained and procured the
license therefor so required by the laws Of this
State, or by the lawful orders OF the Board OF
Supervisors of said city and county, or shall
after five days notice in writing, refuse, neg
lect. omit or fall TO comply with any require
ment or requirements, provision or provisions
Of the laws OF this State or orders of said Board
of Supervisors requiring such person or per-
sons. hrm or corporation TO procure license,
be she, they or either OF tbem as the Cd Sc may
De, shall be deemed guilty of q mlSdem6an0r-
and on conviction thereof shall be punished by
a fine of not less than s1oo, or by imprIson-
ment for period not exceeding thirty DAYS in
case the fiue is not paid"
And again. in an act of the legislature ap-
proved March %. 1873 Statutes 1877-7S, page
442l II Is provided:
Section Livery person. firm or corporation
engaged IN carrying on, pursuing or transact
log within The limits Of the city and county OF
San Francisco any business, trade. profession
or occupation or employment hereinafter speci-
fed. shall pay licenses as herein provided"
Section II of said last mentioned act pro-
Vides:
''All acts and parts OF acts in conflict with
this act are hereby repealed"
Ii Will be noticed In comparison of the above
act that the last TWO quoted are of more recent
daIe tnan the act conierrlng the authority upon
the Board of Park Commissioners. and that the
concluding section OF the act of 1878 expressly
repeals all previous acts aud parts of acts in
conflict with IT,
IL is further to be noticed that the act
clothing the Park Commissioners with exclu-
s'e Juiisulclion over the territory therein de-
ecribed Is entitled, IAN act to prov de for The
Improvement OF public parks in the city and
county Of San Francisco" / am therefore of
the opinion that the powers therein conferred,
comprehensive as they appear TO be, are never
tnelcsS limited In their operation to matters
directly pertaining 10 the improvement and
management OF said territory public parks.
L am OF the opinion that your power as LIZ
cense Collector enables you to collect licensrs
from any and all persons, firms or corporations
engaged In carrying on, pursuing or transact
ing amy business. trade or profession, occu-
patton or employment "wIthin tie limits of
The city and county OF S~n Francisco" and
that Golden Gate PARK Is within tue boundaries
OF said City aud county.
HARRY 7. CREssWELL,
Attorney and Counselor.
When License Collector Lees received
this opinion. he stated that he would en-
force the collection of municipal licenses
on all privileges in the park and fair
grounds according to law