The herald., 1893-07-18
Afternoon Session.

Afternoon Session.
At 2 O'Clock the council again met,
and Mr.. Hughes, representing number
of property owners who represented the
protests against opening Flower street,
said that the names signed to the pro-
test Represented a total frontage Of
4246.60; the total frontage in the dig
trict was 6720.60. The amount neces-
sary to show a majority is 1861 feet
and he stated that as the protestan ts as
a matter of law own the majority, the
street should not be opened.
President Teed resigned the chair to
Munson, and made an address in favor
Of the opening OF the street, he also
moved that the subject be postponed
two weeks from today ut O'Clock,
which was carried.
FIRST STREET.
The protest of Mr.. DeHail against the
opening Of First street came before the
council. Mr.. Murphy, his attorney,
stated that he would like to have the
case come up at the same time as the
Flower street matter. He explained,
however, to the council that if First
street was opened to width OF 70 feet
from Maain to Los Angeles and width
OF 80 feet from Los Angeles to Whining
ton, he would withdraw his protest
and move his building back the dis
tance required, but he wanted the street
Strengthened in the interest of the city.
The matter was referred to the board of
public works for one week, on motion of
Mr.. Gaffey.
CITY ATTORNEYS REPORT.
The city attorney reported as follows |:
SIN response TO your inquiry as to
whether the police commissioners have
power to regulate and control saloons in
regard to their side entrances and the
placing of signs theron, such as Ladies'
Entrances" and Family Entrances" l
reply: Section IL of article IL of the
constitution provides that any county,
city, town or township may make and
enforce within its limits all such local,
police and sanitary and other regula-
tions as are not in conflict with general
laws. Section 22,of article of the city
charter provides that the city shall have
power to make and enforce within its
limits such local, police sanitary and
regulations as are not in conflict with
general laws and are deemed expedient
to maintain the public peace, protect
property, promote the public morals and
to preserve the peace of the inhabitants.
Article of the charter provides for the
appointment of police commission.
and after providing it's power for the
regulation of the police department. it
provides that the police commits
sion shall have such further
powers and be subject to such
further duties as may be granted or i'm
posed by ordinance. Ordinance No. 565
(new series) providing for the licensing
of business, provides that no license
shall be issued to keep saloon or bar
until permit in writing has been grant
ed by the police commission; that the
police commission shall have power to
issue such permit and revoke the same
at any time. While the council has not
delegated, and could not delegate, to the
police commission the power to pass or
dinances or to provide penalty for
their violation it has by placing in such
commission the wide discretion to grant
or revoke saloon licenses, the power to
make such rules and regulations as it
may deem best in reference to granting
or revoking such licenses. I believe
that in the matter OF entrancea and
signs upon saloons they could make
such rules as they may deem proper,
and may refuse permit or revoke the
same for noncompliance with such
rules.
Mr.. Teed then moved that that part
of the mayors message respecting the
closing of the side entrances of saloons
be taken from the committee of the
whole. Carried.
Mr.. Rhodes moved that that portion
OF the mayors message, together with
the city attorneys report be trans
ferred to the police commissioners with
| instructions to carry out the suggestion
| Of the mayor. Carried.
Mr.. Gaffey took the position that the
council should pass an ordinance and
compel the closing of these private en-
entrances. ''The police commissioners
know all about this matter" said he,
"but go far all their efforts to rectify
| the evil have been futile. want them
to be closed by law and then the police
can have no excuse for not closing
them"
| Mr.. Teed made the amendment that
| this mattsr be referred to the police
| commissioners with instructions to
| carry it into effect, but he was not in
| favor OF passing law. Thatit was the
| duty OF the commissioners to attend to
such affairs and there was no necessity
| Of draping up an ordinance.
! Mr.. Rhodes was Of the opinion that