The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-04-04
This Is a Measure That Is an I'm
mediate Necessity for As
tOria's Welfare.
Prominent Citizens Who
LeOk for Support on
the Question Of
the Hour.


nance will be introduced at tonight's
meeting Of the city council, and wishing
TO give the people a few facts, The AS
torian has decided to give particular
prominence to some of the arguments
brought forward in support of its stand.
The Astorian is in receipt Of the fol-
lowing communication from Judge Ra-
leigh Stott, of Portland:
JUDGE sroTT's OPINION.
Office Of Stott, Boise & Stott, attor-
neys at, law.
Portland, Oregon, March S1st, 1898.
To the Editor of The Astorian:
Dear Sir:-"I have considered the
question you propounded in regard to
the new city charter of Astoria en-
powering the city to license gambling.
From your letter 1 understand that
the new charter expressly grants the
power to the city council to license
gambling. If that is so and the city has
the express power granted it in plain
terms, an ordinance licensing gambling
may be legally passed and enforced, In
my opinion. Such provision, giving
the city council the authority, in ex-
press terms, would operate to repeal
by implication the general law against
gambling within the limits Of your city.
In some states it has been held that
the words regulate" and restrain" In
a city charter imply the power to Ii
cense; but this is denied in many other
states, and the rule laid down is that
the right to license must be plainly con-
ferred or it will not be held to exist
This rule is sustained by the greater
weight of authority and is, in my judg-
ment, based on sound reason. The
courts of the different states are united
In further holding that q charter or
special act passed subsequent to the
general law and plainly irreconcilable
with it will, to the extent of the con-
fiict operate to repeal the latter by i'm
plication.
without having copy Of the pro-
vision of your new city charter before
me, can only say that If the power
to license gambling is allowed by ex-
press terms in your charter, the coun-
ell may pass and enforce an ordinance
to that effect. Respectfully yours.
RALEIGH STOTT".
FROM DISTRICT ATTORNEY HUME,
Office of District Attorney, 4th Judi
cial District. w. T. Hume, District At
torney.
Portland. Or. March 81, 1893.
To the Editor of The Astorian.
Dear Sir:-In response to your re-
quest asking us to furnish you an opin-
ion upon the legality of the new AS
toria city charter, or that portion Of
it which permits and authorizes the
city council to pass an ordinance licens-
ing or recognizing gambling.
I will say that have examined the
proposition with considerable care and
find that it is within the power Of the
legislature by special act to pass sub
sequent to general law, to repeal the
general law so far as IL relates to the
particular municipality.
That IL the legislature has by speci-
fc enactment conferred to the City Of
Astoria the right 10 license. control or
regulate gambling, this would by i'm
plication repeal the general law relat-
ing to gambling so far as II relates 70
\
der and by virtue of a city charter as
above described would be val
i'd and enforcible. any per-
sons carrying on gambling with
in your city by virtue Of such license
would not be liable to prosecution un-
der the general law. In support Of this
proposition we cite: First. Dillon Mu-
nicipal Corporations, third edition, ses-