The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-04-19
CRY yoTlCEA.

looms out OF the residence portion OF the
city il is not necessary that this or9i-
nance become a law Of the city The
opportunity viii be present when appli-
the Judgment OF the council the place
waere IL Is contemplated conducting the
saloon is not proper, il would re your aats
70 refuse 10 grant the license, ana your
action in that regard would De tnai. as
there is no appeal Or. II N Your jaGs-
ment the person applying = not a nj ana
or Intoxicating liquors You have the right.
and IL Is your duty, 10 refuse 10 grant IL
for that cause.
foa nave ample opportunity. upon sv-
cry application being presented. to refuse
the license on account OF the place not
being IA proper one in which to conduct q
saloon. and in this manne,' 10 confine the
saloon area 10 as small q district as 10
yeu may seem proper. without separating
the sheep from the goats, the good from
the had, the temperate from the intem-
perase as contemplated by this ordinance.
Inc power gwen Yea over ;hiS subject
by these provisions of the charter VAS
conferred upon you by the people. You
have no authority TO put limitation upon
that power by ordinance. You can not
change the charter In that way. II you
attempt 20 do your action IS a naiuty,
it binds no one.
should ,his ordinance receive ali the
requirements necessary In order To make
II law OF the city, be published, etc.
there still would be no legal objection 10
your granting Immediately thereafter
license fer "a saloon 70 be conducted any
where in the city, regardless of the limits
prescribed in this ordinance. This ordi-
nance would not Bind you at all could
not veto any ordinance granting such
license. and assign as reason therefor
that ii was in violation OF Council bill No
500 etc: that ii was exceeding the CON
stitutionai power OF the council, ~hiea
they had fixed up for themselves.
couldn't do that and expect to have and
retain the respect of intelligent men and
women. II would not be binding upon
would net be binding upon any future
council.
Again. section 50. Of article ". Of the
The city council shall in every ordl-
nance prohibiting or requiring any act
or omission. impose a penalty for the VIC
lation thereof or Noncompliance there
WITH.
The effect of this proposed ordinance
is prohib,tory in its character. 1t permits
the council to grant license within the
censes outside the limits.
How is il TO be enforced?
Some Of YOU pernaps al OF you, nave
learned through the public press Of the
city and other avenues for the dissent
ination Of information and knowiedge as
to how TO run municipality, that II Is
the duty OF the mayor to enforce all the
ordinances OF the city. Now. IL you should
pass an ordinance licensing saloon out.
side the limits fixed by YOU. what Womb
you advise the mayor TO do? | certainly
could not proceed agains; the saloon
keeper, because his license would protect
him. I could not proceed against any or
you for by oversight or design you nave
failed to prescribe a penalty. Every oral
nance dealing with the hobo or criminal
class prescribes a penalty for doing the
act prohibited. But in this ordinance you
assume that IL would be bad 10 grant a
license outside the limits prescribed. stun,
If you should do so. justice would have
10 fall because you had failed TO fix your
own punishment; you have failed 10 say
that your punishment should be by me.
Imprisonment or removal from ofnce; ana
the mayor, chief OF police ana all the force
at his command would be as powerless 10
enforce /, as they are 10 enforce some OF
the other ordinances of the city
ordinance Il is to take effect AT once. The
facts are that outside the limits IL estah-
fishes there are something over dozen
saloons running at fun blast. THESE sa-
looms you have by solemn ordinance Ii
censed for one year. many OF which IL
censes will not expire until after the ex.
you. What would you advise the mayor
TO do with these saioonkeepers? If the
law is good. no saloon should he permitted
To conduct business outside the limits.
You could not punish these saloonkeeperS
for violating the ordinance. for they are
licensed. You could not punish anyone
else for IL provides for no punishment.
The sentiment of the ordinance may be
good. but /, lacks vitality.
on NcreTner 30th last the ordinance
which this bill attempts to repeal received
my approval, The ordinance was of the
same general character as this one. and
I approved IL because I could not see that
1t would do any harm, inasmuch as II
simply defined limits which had thereto
fore been in a practical manner defined
and pre- served by the granting of licenses.
and could be considered as the views and
opinions of the individual members OF the
council voting for IT, No embarrassment
could be caused in the matter of Its en-
forcement nor any questions raised to
its Interference with the rights OF per
sons already in business under licenses
duly granted. Under this long established
precedent these persons were justified In
feeling secure In making OUTLAWS and In
curing obligations In the interest of their
business.
This hill however is such q radical de-
parture from precedent. that am unwiii-
ing TO give my approval to what I con
ceive 30 be an Illegal act and one which
would threaten the invasion of property
rights and by reason OF n lack OF means
Of enforcing would tend TO the enlsarvass-
menf OF all concerned. We temperance
people while engaged I'm our efforts tn in
culcate habits OF industry and Sohriety
among others should not ourselves h, led
away from the practice OF common hon.
esty.
can see nc impropriety In the council
having an opinion In reference to the sub
ieet embraced In this hill and OF your act
made for license. Neither can see any
thing improper IN your giving suen opinion
publicity IL YOU desire, either before
n municipal election or afterward But I
do think II improper for reasons which I
have set forth. TO give such publicity By
ordinance.
Very respectfully yours.
r J. HtFMES Mayor.
Attest: WILL. II. PARRY
City Comptroler and ex~ofreio City Clerk
Nv q. X. CoRYEI-L. Deputy Clerk.
(Seal1
Published April 10. 1899