The record-union., 1896-04-28
VETOED BY MAYOR HUBBARD.
The Photographers License Ordinance
Recently Adopted.
Ee Gives His Reasons for the Vote
in Message to the Trustees
Last Night.

At last nights session Of the City
Trustees Mayor Hubbard sent in mes
sage vetoing the photographers license
ordinance, and gave his reasons there
for as follows:
To the Honorable Board of Trustees:
I return herewith to you without my
approval ordinance No :, entitled, An
ordinance regulating the business of
photography and the enlarging and sale
of pictures made by Photographic pro-
cess, by providing a license therefor
There are several reasons why this
ordinance, in it's present condition.
should not pass.
First-Section l of said proposed Ordi-
nance is ambiguous and unintelligible
tn that it first provides that any photo
erapher or other person permanently
engaged within the limits of the city of
Sacramento in the business of making
Photographs, etc, shall, for conducting
such business, pay a license of 500 per
quarter. 1t then provides: Every itin-
Grant photographer or other person who
shall, within the limits Of the city of
Sacramento, engage in the business
mentioned in this section, shall pay "a
license tax of SO per quarter" The
words 'tother persons" include the pho
tographers mentioned in the first part
of the section.
1t will be seen, therefore, that said
section charges, frs, the photographer
the license tax of $50 and secondly, the
same person a license of S75 per quar-
ter. This ambiguity and uncertainty
would, think, render the ordinance in
valid.
Secondly-Section 2 of the ordinance
seems to me too indefinite. If it is
sought thereby to prevent the sale of
picture frames containing pictures
where nothing is charged for the pict-
ure, the frame alone being sold, be-
lieve the section to be illegal. I do not
think your board has the right to pro-
hlbit the sale of picture flames any more
than you would have the right to pro-
hibit the sale of any other commodity
or particular merchandise. 1t is true
that the section says that every person
who sells such picture frames, pretend
ing to charge nothing for the picture
contained in such frame, shall pay the
license provided for in Section l. The
wording of the section is peculiar, and
it would be very difficult matter to
determine whether one were pretend
ing" or not
Third-The purpose of the proposed
ordinance, it seems to me, is to give to
certain photographers a monopoly of
their particular line CT business The
license is far higher than is required in
other lines of business and in certain
directions might be prohibitory. In my
judgment, if the city were to pass an
ordinance by which few engaged in
a particular business We're enabled to
control all the business of their particu-
lar branch, it would be establishing a
bad precedent. 1t seems to me unwisa
Tor municipality to interfere in spe-
cal cases, and this ordinance seems to
be directed against the many engaged
in the business mentioned for the
benefit of the few.
F'ourth-It seems to me that the ac-
ton which your honorable board has
taken upon this proposed ordinance is
not warranted by our city charter. Sub
division 10 of Section % of said charter.
among other things, gives your board
the power Ito fix and collect a license
tax upon all lawful professions. trade
CT business" etc, having regard in
such case to the amount of business
ton thus licensed
Under the proposed ordinance, a per-
son doing a thousand dollars worth of
business in the Photographic line would
be compelled to pay as great a license
as a person who did ten thousand dol
lars worth of business. This it seems
u me, is manifestly unjust, and is con-
trary to the spirit and intent of the
charter. Respectfully submitted,
c. II. HUBBARD, Mayor
LAID OVER.
Devine moved that the Mayors veto
be sustained, as considerable misrep-
Tesentation had been INDUCED in in or
der to secure the passage of the ordi-
nance. Hereafter he should favor stick
ing to the rule of laying proposed Or
dinance over one week before acting on
it, in order to give each member an op-
portunity of examining into it.
Kent moved to amend by laying it
over for week, to let both sides he
heard, and the motion prevailed.
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