The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-12-22

IlONs
Last night a meeting OF the council
committee on petitions and remon-
strances was held in the chamber OF
the first branch OF council, In addition
to the eight members of the committee,
there were present number of city Of
ficlals, counellmen attorneys and inter-
ested persons The principal matter be-
fore the committee was the investIga-
ton of the conduct of the "clementlne"
saloon, in the Second ward, After an
impartial investigation In which Wit
nesses for both sides were heard, the
committee reiterated It's former stand
and recommends to council that the IL
cense be revoked.
The members present were Messrs.
Hazlett, ALL, Kindelberger, Paul, Bach
man. Mcclure, Bradbury and Williams,
This was the full strength OF the COM
mittee. Chairman Hazlett presided.
Clerk o'Brien head the recommenda-
ton OF the committee regarding THE
clementine" saloon, which had been re-
ferred back TO the COMMITTEES by council
at Its last session, with instructions to
hear both sides,
Mr. Ali moved that witnesses Of each
side of the question be heard, Mr., Nc
Lure seconded and the motion was car
rled, At Mr.. McI4ure's suggestion, the
complaining witnesses were heard first,
Mr., Ali suggested an executlce session
be held after the testimony had been con-
cluded.
Mr.. John j. Coniff, representing the
saloonls,s, was heard, He believed
1t better 10 first ascertain whether or not
council can annul the license, He be-
lleved the license could not be revoked
In the manner suggested He understood
the city solicitor had made an investiga-
ton along this line,
Mr., Kindelberger moved that City
Solicitor Nesbltt be heard on the legal
phase of the question of revoking Mr.,
Ali favored hearing from the solicitor
after the investigation had been made,
Ex-Attorney General II S. Riley, rep
resenting the complainants, was sur
prised to learn the possibility that coun-
ell cannot revoke something It has given,
Council, he believed has full power TO
revoke where there have been violations
Mr.. ConIff did not believe the license
could be revoked until there has been a
conviction on violations Of municipal
laws governing conduct of saloons.
Mr.. Riley said there are two ways to
revoke; where there has been no convIc-
ton an investigation can be made. the
other when there has been conviction
The vote on the Kindelberger motion
calling upon the solicitor for his opinion
was a tie. and Chairman Hazlett voted
IN favor. carrying 1t.
THE SOLICITORS OPINION.
Solicitor NesbItt cited legal authorities
regarding the revokng of licenses. In
the majority OF cases the city has power
TO annul, but in nearly every case. the
power to annui was based on case of
conviction. Regarding the refundlng OF
balance on lIcense,the city cannot refund
state license. II the license is revoked.
he would prefer to have the annullment
based on a conviction in the police court
of the city,
Mr.. Coniff asked II there is any charter
power to annul Mr. Nesbltt replied in
the negative. The power is derived from
an ordinance. A test case would show
the c!tys power to annu. As matters
are now. It is uncertain whether council
can revoke. II Judge Dillon, the high
est authority on municipal authorities,
Is followed council cannot revoke with
out conviction,
In reply to an inquiry by Mr.. Ali. the
solicitor said the ealoonsts might con-
tinue; then the city would prosecute on
the ground OF selling liquor without a
license.
witnesses for the compainants were
then called. Mr.. Conirf entered n pro-
test. and called for etanographer 1t
was moved that the committee so into
executive session while hearing evidence.
Then It was a question as to %ho was to
he excluded Finally reconsideration
was moved by MIR. Bachman, and Mr.,
Ali seconded. The motion prevailed,
Then Mr.. All moved to exclude at.or'
neys
'They will get to wranging and our
valuable time viii be wasted" said Mr
ALL.
Mr.. McLure objected to the exclusion
OF attorneys. They are needed TO con-
duct examination ot the witnesses. Hs
didn't want Topographic notes taken
and witnesses should be on the outside
when not being examined.
Mr.. C0nlff could not understand why
the evidence should not be taken In ful
By stenographer.
Chairman Ha2lett wanted an oper
session. simply because council had be-
come lmbuhd with the idea that the
committee had not acted fairly In its re-
cent Investigation.
Mr. All moved that all In excluded OK
uepting counCIlmen, the committee, The
rcporters and the city solicitor. The mo-
tlon prevailed. thoreupon the attorneys
and spectators withdrew
Mr. Scott Fair councilman acted a.
doorkeeper.
MIR. FBtNLER TEsTIFIES.
Louis Foinlcr, the FIRST prosecuting
witness, was then examined. His com
plant was In effect that he had protested
FIRST when the license was transferred e
McFaddon g. smith lie had talked win
McIfnddnn and lnll MIN DO ihnnghL :