Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-22

the Placo-Th0 License IOr NO o.
Referred Without Recommends
ton.
There was a notable proceeding in
the chamber of the First Branch OF
Council, last night.
The session was opened at eight
o'clock, and did not come to an end
until just before midnight.
It's nature was sort of preliminary
examination inbo the question OF
whether or not there are designation
houses and other shady institutions in
that portion of the Second ward in
the immediate vicinity Of. the market
house, and if SO, how many?
The fun of the thing is, that the
Council Committee on Petitions and
Remonstrances, which hasn't done
thing to anybody, as far aS can be
learned, comes in not only for
full brunt of the investigation, but has
been compelled by Council to travel
over the ground twice, the last time
on its knees, as it were. The Commit
tee went over this salacious matter
couple of weeks ago and was turned
down by the Second Branch with neat
ness and despatch. The members OF
the Committee accepted the affront
with a proper degree of humility,
and after casting ashes on their heads,
went at it again last evening, and
fairly
REVELED IN INIQUITY
and things of like nature for several
hours Their report will prob
49, +rh a
individual members OF the Committee
be required by Council, which knows a
good thing when it sees it, TO re-ex-
anime the witnesses under oath, and
then consult an astrologer.
The main question before the house,
last evening, was whether or not the
saloon yclept "The Clenaentine,' at the
southwest corner of Market street and
Market alley, is a rough house" The
witnesses broke about even. There
were bales and barrels of evidence to
the effect that it was tough IN the SUI
perlative degree, but the rebutting tes-
timony was to the effect that the estab-
lishment was a good deal better than
1t had been for fifteen previous years,
and that the proprietors would not per-
init anything improper for good money.
The full membership of the Committee
was present, and every gentleman took
occasion to express himself The result
wae a recommendation that the license
be annulled.
When the curtain went up there was
a large audience present. Among the
notables' were His Honor the Mayor,
City Solicitor Nesbitt, President Chew,
of the Second Branch, General T. S.
Riley, representing the prosecution,
Ir on ba
defense, and quite little bunch of
Councilmen. while witnesses occupied
the vacant places Judge Hazlett took
his seat at the end of the long table
usually held sacred to reporters, the
Committeeman disposed themselves
within easy distance the counsel and
witnesses formed picturesque groups
and
THE FIRST ACT WAS ON.
The former report to Council, alleg-
ing several sorts of things and recon-
mending that the license 'of the said
McFadden & Smith be arnullad," was
read Then Mr.. Ali moved chat The
witnesses on each side be heard. It
was adopted. Mr.. Mcclure then moved
that the prosecution be first heards ard
this was adopted. The chair asked if
suggested that the evidence be taken in
public, and that a secret session fol-
low, and this was approved.
Mr.. Coniff then intimated that he rep
resented the defense in the cause at
bar, and said it was quite question as
to whether Council, having once grant
ed lie use, had the right to annul it.
He suggested as a mode of eXpediting
matters, that the Committee ascertain
just what power it and Council had,
as a preliminary proposition.
In reply to this Mr.. Mcclure said the
Committees province was simply to
investigate and recommend. Council
could look at the point which had been
raised later on. but Mr. Coniff said he
felt the Committee would not care to
go to q whole lot Of trouble if it found
1t had no power to act. Mr. Kinde
berger thought the opinion Of the City
Solicitor might throw some light on
this point but Mr.. Ali could see no
particular reason for bothering about
that feature just now; the Committee
was only investigating, and he moved
that the body proceed and consult the
city's legal adviser later on.
General Riley said he represented
the prosecuting, and said he was sur
prised to hear that Council had no
power to revoke license or other priv
ilege it
HAD POWER TO GRANT OR GIVE.
at would be a strange state of affairs
II the city could not revoke a license
when the recipient had abused the con-
1dence reposed in him and then prac-
tically said: You must take the con-
sequences 1t is such a case as if
Council found cause to refuse a license
in the first instance. Council has full
power to revoke After little fur
Their discussion, General Riley insisted
that Council could not only revoke,
but could do it in two different ways.
first, upon complaint Of citizens; and,
second, upon conviction for violations
Of ordinances.
A motion by Mr.. Kindelberger to as
certain the opionion Of the Solicitor at
once was carried, and Mr. Nesbitt said
he had looked up the question in Dill
Ion on Municipal Corporations, and had
there found that Council could not an
null license unless given especial
power so to do by the Legislature On
the other hand, the Encyclopaedia Of
Law held that the authority granting
had .f1lll mower tn anpl11 TJo bod ev