The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-05-12
On Petitions and Remor strances
Held Last Night, at Which
There Was a Tie Vote.
ON QUESTION OF REPORTING
Objectionable Saloon Licenses to
council-some of the Details
Of the Meeting.

I ~ IeANN4kANG 9N99ASA ASAa7N AAAoANNf
ested citizens and representatives OF
the press being excluded. The commit
tee met in the office Of the chief Of Do-
lice, behind barred doors. Those pres
ent were Chairman Bradbury. and
Councilman Bachman, Bloomfield, VIII
liams, NJ. A. Chew, Zwicker, Ritter.
City Solicitor Boyce, also. was present.
The committee discussed the alleged Oh
jcctionable license applications at great
length, and finally a motion to recon-
mend the granting Of the entire bunch,
was defeated, to Band the applications
90 to council without recommendation.
The committee first took up the appli-
cations Of Otto Fish, 80 Eighteenth
street, and Richard wirl1ie. 1928 Main
street. on the report of the city solicitor
as to the legality or propriety OF the
special agreemnt with the city which
Fish and wilkie state they are willing
to enter into. The city solicitors opIn-
ion was that such special agreement
would be inadvIsable. and he strongly
advised against it, in the following
opinion:
WHEELING. W. Va. May II, 1900.
To the honorable committee on Petitions
and circumstances OF the council OF the
city OF Wheeling:
GENTLEAIEN:-Your committee has
| handed to me two paper writings eXecut-
| ed By Richard Milkie and Otto Fish,
| which papers accompanied their applica-
I TIM, NuV a. 20 "a rOHaes hOtYgn in
| the city Of Wheeling Wilkie and Fish,
| by said papers, agree that u granted the
| license they will conduct saloons in strict
accordance with the laws OF West Vtr-
| ginlia and the ordinances Of the city OF
! Wheeling. Each makes the following spe-
ctal promise:
That he will not at any time under any
| circumstances or on any occasion what
| ever, permit any lewd women or girls or
any females OF bad reputation TO enter his
| saloon, and that he Will not sci! or give
drinks to any such women or hnroor or
| permit them to loiter about, or under any
circumstances TO enter into or remain N
his saloon or any part Of his building. He
| further promises as condition precedent
| to his obtaining the license, that he Will
| waive all his rights to notice or TO hear
Ing In case the said city shall at any utne
| desire to revoke hts license
am asked for an opinion as to the
| binding effect and force Of said agreement
and also as to the eject OF a special Donu
covering above questions, A License
| holds his license subject to the laws Of the
state and the ordinances OF the city IN
| which the license Is executed. The ordi-
nance OF the city Of Wheeling embraces
! these Questions completely; the ordinance
| provides that the person conducting
| coffee house shall not permit women OF
| the character mentioned in the said agree
! ment to enter the licensees saloon ana
/ upon n violation after a second conviction
| council, upon notice md hearing given
/ no ATfa1 revoke the license,
| 1t Is my opinion. first, that the agree
| ment OF said Wllkie and Fish with the
| city would be improper for two reasons:
! First, that these questions are already
provided for by the ordinances, and sec
| Ondly, because II would establish con-
| tFactuat relations between the ucenAse
and the city. which, In my opinion, ought
! moi TO exist As TO the waving OF any
noflce and hearing upon a violation OF the
ordinance regulating the manner IN whleh
! the saloon shall be conducted. am OF the
opinion that the city would be taxing an
unwlsc step in entering INTO sueh an a 9a,,',t
| the efficacy OF the waiver. and because, IN
\ my Judgment. II promises useless Iltlsa-
| tlon. the provision OF the ordinances ~
present giving the city ample remedy AZ
| I the Ewing OF a special bond; am
\ strongly Of the opinion that such ponu
would be OF no effect; the ordinance OF the
city provides the sort OF bona salo s,i
keepers shall enter into with tne city, aiiu
| keepers other and additional bond than
| thnt provided for by the law and which
| Inns been furnished By the saloon Keepers
| 10 whose license no objection or protest
y Therefore strongly advise against the
Agreement OF Richard Wtlhe ana Otto
Fish being accepted by this committee,
and that the city cannot accept any ~,
| rinI bond other than the bond required py
| tbe ordinance. Respectfully submitted
| " S. o. BOYCE, CITY Solicitor
Councilman zwlcker argued in favor
Of entering into such an agreement
with Fish and wllkic, and said they
ought to be given another chance.
Mr.. Williams objected and said II
| would establish dangerous precedent,
and he did not believe such an agree
ment could be enforced. Suppose there
was a violation OF the agreement, and
the license were taken away; they
could come back with the claim that
they had had no hearing as prescribed
in the ordinances OF the city.
Mr.. NJ. A. Chew suggested the annul-
mrnt OF the present ordinance that pro
yIdes for two convictions in police court
before council can revoke license.
solicitor Boyce said he was not pre-
pared at the moment to give an opinion
as to the legality OF such action. He be-
ueyed. however. that the ordinance
could not be annuiisd or amended.
Mr.. Chew favored amendment Of tho
ordinance 80 that council could revoke
4 llcense,at Its pleasure, without having
10 walt for two convictions In police
court for violations OF Its provisions.
rhere were councllmen who were Will
ing to give these people a chance to ruh
decent places, and II the ordinance pro-
vidIng for two convictions could be
changed and the special agreement
made 10 apply It would be possible to
give them this chance.
Mr.. Boycc did not favor changing the
ordinance. TWAS entirely a legal ques-
tlon with him: in this matter he knew
nobody. but was looking TO the best In
forests OF the city. He felt that 1t would
be n mistake to amend the ordinance.
Mr.. 2wIcker added that such change
would enable councllmen to get in splts
work against saloonIsts.
The committee next discussed what
action It would take with the entire
bunch Of applications before It, which
were rs follows; Paul Biery. 1882 Mar
ket street; Valentine Liebol1. l92s-2o
Market street. Joseph Barum. 2OOe Main
s,reet:J. b. wilkie. 10 Sixteenth street;
q. A. Landmesscr 1864 Market street;
| w. o. walker. 1928 Water street; james
/ =, ,.t.., 1tle vTstor gtrnpi, Harding A.