The Saint Paul globe., 1896-12-18
ASSEMBLY PASSES THE ORDNANCE
ORDERING THE STREET RAIL-
WAY TO CHANGE.
SIX AssEMBL YMEN FOR IT.
SUPPoSETION THAT 1T REQUIRED A
THREE-QUARTER VOTE CLAIM
ED TO he WRONG.
MAJORITY IS ALL THEY NEED.
Considerable Legislation Touching
Liquor QuestiOns-Re<aiI Lii
cense for Wholesalers.

the assembly, holds good. that pody
passed the Broadway loop ordinance
last night. The ordinance received SIX
votes out of nine, Assemblymen Craig,
Kirke and Reardon voting against il.
There was no discuss on of the meas
ure. AS soon as the clerk read tl.o re-
port of the committee on streets rec
ommending its passage, the roll was
called, and the vote Guly announced.
Hitherto 1t had been supposed thai a
three-fourths vote was necessary to
grant the franchise Of the street rail
way company. On this ,uppositioa the
advocates of the Broadway loop had
labored long with AssemblyInan Pear
don to induce him to vote for tie
measure, but their labor was evidently
in vain. Then they sought legal ad-
vice, and seem to have found relief.
At any rate, after the clerk had an
nounced the vote President Arcsin
arose and said:
I'm view of the legal advise I have
received from the corporation attor-
ney, as well as from other sources, in
forming me that it does not require a
three-fourths vote to pass ;nis meas
ure, shall declare the ordinance pass
ed"
Assemblyman Kirke declared that he
desired to enter a protest against the
decision Of the chair, and that he
wished to hear the city attorney ex-
plain how a two-thirds vote could rass
the ordinance.
Mr.. Phillips replied that un0e~ the
charter the council had power to order
an extension of the street railway lines
and that nothing was stated in the
city's contract with the street railway
company regarding the vote required
to make such extension or pass such an
ordinance. In Mr. Phillips opinion a
majority vote would be sufficient, or
even a majority of those present. Meth
ing further was said and the assembly
proceeded with it's business.
The only matter that provoked any
discussion in the course of what proved
to be busy meeting, was the appli-
cation Of Ed. L. Murphy for a license
to conduct a saloon during the year
1897. The committee on license submit
ted q batch of applications and bonds,
10 in number, including Murphy's APP
plication, with the recommendation
that the bonds be approved and the
licenses issued. On motion of Mr.
Craig, Murphy's application was held
out to be voted on separately. The
others were all granted.
Then Mr.. Murphy's case was consid
cred. The committee reported that the
corporation attorney had submitted an
opinion in this case to the effect that
Murphy had not been convicted of
violating any law or ordinance regulat-
ing the sale of Intoxicating liquors.
Mr.. Thompson said there was no
disposition on his part to discriminate
against Mr.. Murphy, or perseCute him,
but he would like to hear what Assis
tant Corporation Attorney Phillips had
to say with reference to the matter.
Mr.. Phillips replied that the com plant
against Mr.. Murphy on file in the
municipal court, did not charge any
violation of the law regulating the
sale of intoxicating liquors. It had no
connection with that law, and the con-
viction of the offense charged did not
debar Mr.. Murphy from receiving a
license
81 move that the license be grant
ed'' said Mr.. DAILY. I'VE have before
us the unqualified opinion Of the corr
poration attorney that Mr. Murphy
was not convicted Of violating the
liquor law. What's the reason for de-
laying this matter? The whole buSi-
ness is nothing but piece of persecu-
ticn.'
1t was Reardon's turn to put in
word, and he put it in:
IF I wasn't afraid I'd be sued for
twenty or thirty thousand dollars I'd
say that opinion of the corporation at
torney's was manufactured MY ad-
wise is to lay this matter over and I
will guarantee to have an opinion from
an attorney we have some confidence
in"
May I be permitted to say word?"
meekly inquired Mr.. Phillips. Being
permitted, Mr.. Phillips said that he
assisted in manufacturing" the opin-
Ion, which was simply nothing more
than plain statement of fact namely,
that Murphy was not convicted of VIC
lating the liquor law. Moreover Coun-
ty Attorney Butler, who himself prose
cuted Murphy. had been consulted and
he, too, had informed the license COM
1littee that Murphy was not convicted
OF violating the law regulating the
sale of Intoxicating liquors.
Mr.. Days motion to grant the
license was then put to a vote and
lost, and lost by a vote of seven to
two, Messrs. Daily and Mabon casting
the only affirmative votes. Mr.. DAILY
thereupon changed his vote to mo"
and moved d reconsideratio which
was consented to, Whereupon Mr.. Muir
phys application was referred to the
committee on license.
Assemblyman Dix. the new member
from the Sixth ward introduced a
resolution that 1t IS the sense of the
common council that ''proprietors OF
so-called wholesale liquor houses" en-
gagged in selling intoxicating liquors IN
quantities less than five gallons at a
time are amenable to the provisions Of
the law requiring such persons to pro-
cure a license for the sale of intoxicat-
ing liquors in such quantities.
ha ma
to cause a copy Of 1t to be served by
the license inspector upon each whole
sale liquor dealer in the city who is
selling less than five gallons at time
without a license and to cause COM
plant to be made and proper proceed
ings to be instituted against all such
dealers who shall neglect or refuse to
epply for and procure such license. The
resolution was referred to the commit
tee on license.
The assembly being in a mood for
liquor legislation, MI Reardon intro
duced an ordinance abolishing the fees
amounting to $3.50, which every appll-
cant for saloon license is obliged To
pay upon fling his application, and
before receiving his license. The ordi-
nance was passed under suspension Of
the rules.
The specifications which arc to gov
ern the garbage contract for the COM
ing year, as amended by the joint COM
Tnittee on garbage, were approved and
a resolution adopted instructing the
city clerk to advertise for bids for the
contract.
Assemblynan Dix introduced a pre-
liminary order for the opening of Pros
peet boulevard in accordance with the
plans presented by the park board. The
order was passed
The resolution designating the Allie
TO h.ar, TN SIT N