The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-07-11

and Chew hustled over the railing and
escaped out the south door and out an
open hall window onto the porch. Not
!withstandlng a quorum was not pres
ent, the motion was put and the chair,
(AIr. Blndbury). decided II carried.
The scene Of activity. was then trans
ferred to the first branch. Fl.
The petitions were read and immedi-
atoly Mr. Waierhouse moved to refer
them to the committee. Mr.. Baird se>.
onded the motion and Mr.. zwickerl de.
manded the ayes anu noes. The. mo-
tlon was lost by a vote! OF three to four.
Mr.. Bachman was paired with Mr..
Hamilton. and Mr.. strobel with MIR.
Smith, and they did not vote. The vote
was as follows:
Ayes-Messrs. Baird. scalley ana
Waterhouse. 81 "a ,',-, Il Z. z Z
Noes-MEssRs. NJ, A. CHEW.
GARTLEY. kNoKE and zWIcKER.
The mayor declared the motion lost.
applicants Turned Down. a
alr. Zwicker then moved to concur
With the second branch md the motor
was ceconded by Mr.. Chew. Before the
motion could be put, Mr.. Waterhouse
presented an opinion on the case rem
dered by City Solicitor Boyce. which
was read by the clerk. Mr.. Boyce's
opinion was as follows:
Jobp IVoterhoupo J,un Nfo-,t,a,. - .,,..
Branch OF City Council. 40
DEAR iSIR:-At the last meeting OF tho
city council, upon the report OF the COM
inittee onSpetitloRs and remonstrances,
the second branch OF council voted tho
granting Of q certain number OF persons
houses. After passing tho second branch
1t came up in. the first branch, ana on
motion to concur In the action of the
second branch was lost, thus rejecting the
licenses. 4 ain asked now II the first
branch at any subsequent session OF coun-
Gil cnn take up these licenses and vote
on them on q motion to reconsider, or In
any other way? My, answer is. no. There
was only one motion TO make. and that
was n motion Thy n member who voted
with the prevailing side to reconsider the
vote. but X that motion Is not called up
on the night the vote was taken, Its effect
terminates with that particular session Of
council. and cannot be called up ut the
next succeeding session OF council. The
only proper course for those rejected np-
plicants for LICENCES Is to make now APP
plicatons for licenses. go before the COM
inlttce on petitions and remonstrances
which committee reports the same to
council. and their action Is taken the
same as II no former application had been
made. II the first branch OF council takes
up these licenses Tomorrow night and
pass them upon q motion to reconsider,
or In any wny, without new applications
having been made. that have passed
through the regular routine of the COM
mlttee. and on the report OF committee
pass through the second and ilrst branches
Of council, such granting of licenses
would be illegal and contrary to law, the
rules and ordinances Of council, anu IL
censes so granted and passed would be
illegal and OF no effect; Yours very re-
specially, S. Q. BOYCE.
City Solicitor.
After the reading OF the city solicit
tors opinion. Mayor Sweeney decided
the motion out of order and for the
'steenth time the unworthy applicants
were knocked out. Mr.. Baird then
moved to adjourn. and 1t was carried.
There were several funny incidents In
the case which served to amusc the
councilmen and the crowd present. The
first was when John Ritter voted aye
by mistake to the motion to lay the APP
pllcation on the table. It took Gus
Marschner about a minute to convince
Ritter that he had voted directly oppo-
site to his views, then John changed his
vote.
Another funny snap was to see
Messrs. John Beckett and Scott Fair
getting over the railing to get out OF
the chamber and break quorum. Mr..
Fair Is sort OF used to climbing and
didn't have much trouble, but Mr..
Beckett's feet got tangled, but he got
there all right before Michigan could
get Kim.
While Ross Chew and Mr.. Miller were
trying to get past the officer, specta-
tor tried to Interfere with Mr.. Chew
passing and that naturally made Ross
mad. The fellow had no right to inter-
fere and II the officer had seen him he
would have landed down In the lock-up.
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