Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-04-16

The ordinance forbidding afternoon and
evening markets in the Second ward on
Wednesdays and Saturdays is now law.
Council met last evening, for the third
time this week. and the measure went
through, after MIR. Horkheimer had raised
4 totally and wholly original question.
which was promptly ruled out by the
Mayor. and after an amendment had been
made allowing the morning market 10 run
until eleven o'clock instead of ten, as
heretofore. Another amendment. to fur
they extend the time TO noon, was voted
down.
1t will be remembered that at Tuesdays
regular session the ordinance came up in
the Second Branch and receiving but
majority affirmative vote, was laid over
under the rules. until it could receive an
other majority vote. which would complete
its passage through the Second Branch
and send 1t to the First. Mr.. Horkheimer's
point. raised last evening, was that after
the first majority vote, in the Second
Branch. the ordinance should have been
sent to the First Branch for a vote there,
and then been returned to the Second
Branch. at the next session. for another
majority vote. Such a thing was never
heard of in the Council of the city. in all
our past history, and if Ar. Horkheimer's
idea was well founded. a multitude of all
sorts of ordinances, franchises. loan or
dinances. appropriation ordinances, and
what not-have been enacted illegally and
have no force or effect. In fact, to have
maintained his point would have been to
cause endless confusion and litigation and
involve the city in endless difficulties.
Mayor Butts cut the difficulty very short
however. and the measure took the usual
course.
When the Second Branch was called to
order sixteen members answered to their
names. and five others came in later. The
absentees were M5ssrs. Bradbury, Hahne,
Higgins. Hoe. Kaiser. Mcdonald and Me-
grail The ordinance was at once put
upon its passage, and was adopted, ayes
10. noes S. the latter being Messrs. Arndt,
Beckett. Berry. Bronstrop, Connelley. Fair.
Kindelberger and Meyer. The measure
then went to the First Branch.
After it had been read in that body Mn
Horkheimer took the floor and said in his
opinion the ordinance had no standing in
the First Branch. and quoted rule 20 in
support of his position. He then said:
",This ordinance by a majority vote pass
ed the Second Branch at the regular meet
ing Tuesday evening. l hold that the
Council is composed of the First and Sec
ond Branches jointly-in other words, af-
ter the passage of an ordinance by a ma
iority vote in the Second Branch. it
should, at the same meeting, be sent to
the First Branch. for action there, and
then be returned for another majority
vote in the Second Branch. I would like
ruling of the Chair upon the point"
The Mayor-Second reading of the ordi-
nance.
Mr.. Horkheimer-I should like a ruling.
The Mayor-Your point is not sustained.
Mr. Horkheimer-I want TO enter my
protest
Mr.. Ebeling called Mr. Horkheimer's at
tention to the rules of Council, but Mr..
Horkheimer said Mr.. Ebelng's point had
nothing to do with the case.
Mr.. Davison-Mr. Horkheimer is totally
wrong
The Mayor-Of course he Is.
Mr.. Davison-Mr. Horkheimer has been
in Council long enough to know that bust
ness cannot come over here until 1t is COM
pleted in the other Branch. A measure is
not in our possession until the Second
Branch Is done with It, if 1t originates
over there. 1 think the gentleman's idea
is ridiculous.
Mr.. Horkheimer-I object to the reading.
The Mayor-Proceed with the reading.
And the Clerk read.
After the reading had been completed,
Mr.. Horkhelmer moved to amend by
striking out ten o'clock as the time for
closing the markets in the Second ward
and inserting eleven o'clock. The mo-
ton prevailed. and the ordinance was
passed. ayes $. noes 3, the latter Messrs.
Horkheimer, Hazlett and McKelvey.
The measure was then returned to the
Second Branch for concurrence in the
amendment Mr.. Kindelberger moved TO
strike out eleven o'clock and insert
twelve. This was lost, ayes ., noes r.
The amendment OF the First Branch was
then concurred in, ayes IS, noes 8 and
Council adjourned.
There is u good deal of dissatisfaction
In certain quarters over the adoption of
the ordinance, and there are some threats
of legal proceedings. one thing is certain:
Had afternoon markets In the Second
ward continued on Wednesdays and Sat
urdavs the city would have lost a couple
of thousand dollars in market revenue
from the Fifth ward. because many
butchers now renting stalls in that market
would have given them up altogether.
-O--
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