Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10
PROPOSED ORDINANCE KILLED.
Enacting Clause AnnpIlsd aud Notice Give
af nm Amaaananr "a nm E.i.tinu L nm.

public entertainments IL WAS de-
feated in spite of the facts that ii had
been drawn by the City Solicitor,
approved by the Police Commission,
it's passage urged by representative
citizens and recommended by a
majority of the law committee.
After the three sections OF the ordi-
nance had been voted upon without
dissenting vote its defeat was accom-
plished by striking out the enaoting
clause. This was done on motion of
Mr.. McNulty. The following members
voted to strike out the enacting clause
Messrs Staata, Watson, McNulty,
Meaney, Smith, Leary and Stevenson.
Those who voted against tho motion
to strike out were Messrs O'Neil,
Oberly, Zebley, Robertson, Fisher and
President Baylis. Later in the session
Mr.. McNulty introduced an amend
ment to an existing ordinance By
which amendment some abuses COM
planned of may be met.
Tho third reading OF the ordinance
ito regulate theatrical exhibitions and
public entertainments, came UP under
the head OF unfinished business, as 1t
had been postponed from the previous
meeting. At the direction OF Presi-
dent Baylis. Clerk Morrison read the
proposed measure. section by section.
Section l applies to tho actor. section
2 to the manager aud section 3 requires
the later to post copies OF the ordi-
nance. After each section was read,
Mr.. Robertson moved that it be such
and such section OF the ordinance, and
each time the motion was carried,
The title Of tho ordinance was also
adopted. Messrs. McNulty, Smith.
Meaney and one or two other Council
men had, previous to the meeting, been
in consultation in the mayors Office,
and the movement of tho opponents Of
the pending measure had been sgroed
upon.
Whom the enacting clause was read.
Mr.. McNulty moved that that part of
the motion be stricken out After this
motion had been seconded, Mr.. Nc
Nulty stated why he made ii.
He held that there was ample law
on the statute books now, but because
people thought that was not broad
enough be had an amendment which he
proposed to offer later. He referred tn
section on page 3Sl.
Mr.. Fisher thought il the amend.
ment covered the ground the ordinance
just read would be as Acceptable as it.
Mr.. Robertson asked why the gentle
man from the Tenth ward tMr. Me-
Nulty) did not express the words of the
proposed amendment, He held that to
strike out the enacting clause would be
to take leap in tho dark, He thought
Council need have no fear from the
ordinance. IL there was no conflict ii
would not hurt, He rpferred to the
point which had been raised that the
old ordinance did not cover such per-
iormances as 1T was desired to cover.
The new ordinances had been drawn in
order that the police department would
know what to do.
Mr.. McNulty said that certain Nom
beers objected to tho proposed ordinance
because they objected to placing ordi-
nances on the book one on top Of
another. Ordinances which have been
passed before have become dead letters
who knows but that this one might
also? lie asked why a new ordinance
should be passed when the old one
might be amended to include "place of
public amusement" and "act or acts,''
He read the existing section with his
proposed amendments. In part the
section would be to this effect:
whoever shall 10 any street, public
place or place of public amusement in
this city be guilty of any indecent or
disorderly conduct or make any
offensive outcries or loud noises or
utter, act or sing any lewd, scurrilous,
profane, obscene words, songs or acts or
shall write or make any indecent or
obscene words or figures upon any
fence, building or other public place
within the city shall be
deemed guilty OF common nuisance,
and liable to fine OF not less than 80
cents and not exceeding sl0" A viva
voce voet was taken on Mr. McNulty's
motion to strike out the enacting clause,
but President Baylis was uncertain as
to the decision and called for rising
vote. The motion prevailed by vote
OF to q. and the ordinance was killed.
Later in the session and under the
head OF miscellaneous business, Mr.
McNulty formally introduced his pro.
posed amendment to section ., page .,s1
OF Charters, Laws and Ordinances
OF the City," which amendment pro.
yides for striking out certain words and
inserting certain words, 30 that the
section will read in effect as already
quoted. When Mr.. MeNulty read the
amendou portion he did not quote the
line which is imposed by the orli-
nance, which is from 80 cents 10 $40.
Tho ordinance which Council do
feated provided for finee of from So TO
so and in case a manager was con.
victod twice ha was liable to pay as
much as 500. Mr.. McNulty's amend
ment makes no mention of the manager
OF theatre or theatrical company.
This amendatory ordinance passed it's
ilrst reading, was read the second time
by title and referred to the law COM
mittee for its consideration.
City Treasurer Adams reported the
balance in Union National Bank 10
tho account of current expenses to lle
s5G, l65. Al: in each oil the four de-
pository banks Sl2, $50; total, slO7,-
4G5. II; special fund for park purposes,
SAB, 80. lilo had received from Tax
Collector b. Mitchell, Jr.. Sl.300; Tax
Collector Il. NJ. Sayers, 1925; CITY
Auditor Isaac q. Pyle, S2s. 10: Build
ing Inspector l.. 4. Grubb, Sti5. so;
depository banks, $40, 900, i. @. Kent,
treasurer of tho s. PC A.. $40; Clerk
OF Court s. 5. Adams, Jr., S4O7. Al,
City Engineer James Wilson, Sl4.s5.
Chief Engineer q. II. Welde of the
Fire Department, in communication
asked that Council have copies of the
lire regulations printed, there being nine
new boxes, and method for second
alarms. On motion of Mr.. Stevenson,
the printing at 500 copies was
authorized.
The committees on law and finance
al nn h..