The Frankfort roundabout. [volume] (Frankfort, Ky.) 1882-1908, 1893-03-04

C0urudiy Hos 1000
Present - Chairman Milan, and
Councilmen Furr, Ellwanger, Gray,
Miles and Swigert.
The minutes of the last meeting
were read and approved.
The following communication was
received from the Mayor, vetoing the
ordinance in relation to vehicles:
MAYORS OFFICE,
FRANKFORT, KY, Feb. 20, 1893.
GENTLEMEN: am in receipt of an
ordinance passed by the council, at
a meeting held on the 21st inst, en-
titled "An ordinance to amend sec
ton % of ordinance No. IL of printed
ordinances" Said ordinance reads as
follows: provided that this section
shall not embrace transient vehicles
from the country, which may be
placed as near as possible to the
sidewalks, so as to never put shafts
or tongues on sidewalks" This pro-
vision does not license any person to
place vehicles of any kind in front of
any chuI CHI property during service.
The section to which this is an
amendment provides "that it shall
be unlawful for any person or persons
to stand or place any vehicle or run
ming gear, or part Of vehicle, on any
of the streets or alleys of the city,
unless upon the joint consent OF the
owners Of property on both sides of
the street or alley, and the council"
The City Attorney informs me, that
if this proviso or amendment be-
L. hof II nHanfinollxy
annuls section %, and that the
section, as amended, will be inopera-
tive.
IF the council will examine this
closely they will find this to be true.
The marshal and other police
officers. whose duty it is to enforce
the law, have no way of distinguish
ing between transient vehicle and
a resident vehicle; this alone would
render the law imperative.
The amendment discriminates in
favor of the nonresident as against
the resident. To illustrate: Presi
dent Milan owns livery stable on
Washington street, Mr.. Smith, from
Versailles comes to the city and
ssputs up with him." Mr.. Milan di
reefs his hostler TO stall Mr.. Smiths
horse and run his buggy out on the
street in front of Councilman Nc
Clures residence. This is permissa
BILE under the proposed amendment,
vet this same amendment prohibits
Mr.. Mcclure from standing or placing
his own vehicle in front OF his own
property. ;,
am satisfied that the council did
not intend to pass law that would
operate in that way.
The amendment also discrimlnates
in favor of church property. We all
respect and reverence churches and
church property, yet l know of no
law that guarantees a greater degree
of protection to church property
than it does to the home of the citi'
zen.
Section % of ordinance No IL has
been the law of this city for many
wears. 1t is true, that it has not been
enforced; it is also, true that there
has been constant demand for its
enforcement. 1t is good law and
can work no injury TO any person, II
strictly complied with.
Ny opinion is, that it is too liberal.
think that the property owner has
right to the use of the street, and a
right to insist that it be kept open as
a means of ingress and egress to and
from his property, and 1t Is a well
settled question "that the council
has no right to authorize the appro-
priation of any portion of the streets
or alleys to private use, or any other
purpose than public enjoyment"
For the reasons recited, l return
this ordinance without my approval.
Very respectfully,
RICHARD ToBIN,
Mayor.
To the Board of Councilmen.
Mr.. Miles moved to reconsider the
vote by which the amendment was
passed. Adopted. yeas 8, nays 0.
The vote was then taken on sus-
tanning the Mayors veto, and result
ed as follows: Yeas 8, nays O.
A communication was received
from Mr.! Schumard in relation to /
the assessment of the laundry prop
erty, which, after much discussion,
was left as 1t stood.
Petition of w. II. Armstrong, ask