Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-03-11
]. t. SW EENE1l FrtsIutII.
Teste: LUTHER Ii. THOMPSON, Cler
COMMON COUNCIL,

At a regular meeting OF the common
Council of the city of Alexandria,, Va, held
March 10, 1903, there were present:
f. J. Paff, esq, president, and M y:
Trimyer, Burke, Snowden, Reisheill, Fisher,
Normoyle, Bladder, Brill, Bryan, johnson,
Uhler. McCuen, Leadbeater and Spinks.
The following message was received from
George l.. Simpson, Mayor:
To the Honorable, the City Council OF Alex
andria:
Gentlemen:-I herewith respectfully re-
turn, without my approval, the ordinance
passed by your honorable body February "a,
1908, entitled "An act to amend and reenaet
an act approved May II, 1881, entitled an act
to prohibit the sale of intoxicating liquors
from twelve az o'clock Saturday night OF
each and every week until four az O'Clock on
the succeeding Monday morning." As there
is no such ordinance among our city laws to
be amended or reenacted you will perceive
that a probable misinterpretation OF the read
ing of the new ordinance on the evening OF
February "a, 1903, has led to an error which
inyalidates ordinance now under discussion.
Aside from the result of this natural mistake,
however, there is another reason formy dlsap-
proyal and that is the action Of your honorable
body in Introducing time hostile to that men
toned in statute and by the introduction offour
(4) o'clock Monday morning in lieu OF sunrise
Monday morning, a hardship is imposed upon
those coming under city penalties, Ihat Is 10
say after an offender has been tried under this
ordinance and punished he can afterward be
indicted by the grand jury and punished In
the CORPORATION Court for the same ofiense, as
the ordinance does not impose the same con-
ditions as the State law, and the Court Of
Appeals has so declared in the case OF Thon
on an appeal from the Corporation Court OF
Richmond in 1878. The city OF Richmond
having increased its fine penalty for the ylo-
lation of the Sunday law against liquor selling
TO agree with the fine imposed by statute,
failed to make the time the same as that OF
the State. Thon was tried under ordinance
for selling liquor between the hours of twelve
i12) o'clock Saturday night and twelve (l2l
O'clock Sunday night and fined. He was at
forwards indicted by the grand jury for the
same act and punished again by the Corpora
tion Court. He appealed, taking the ground
that city ordinance practically agreed with
statute and that therefore he ought not to be
tried again. The court affirmed action, OF
Corporation Court saying, and quote that
mart of Courts decision applicable TO ordi-
nance which we are now discussing: But in
addition to what we have said on the subject
we have further to say, that the statute EN-
braces period which is not embraced IN the
ordinance that is from twelve (l2l O'Clock
everv Sunday night until sunrise of the sue
ceeding Monday morning. No sale of in
toxicating drink nor keeping open bar dur
ing that period would be violation of the
ordinance whereas sale of such drink dur
ing that period at any other place than one
governed by such ordinance would be viola
lion of the statute This would create pal
pable difference and inequality in the law
governing different localities Of the same
State and could never have been contemplate
ed or intended by the Legislature"
Respectfully,
GEO. L. SIMPSON, Mayor.
The message was referred to the Committees
ON General Laws and Finance by the follow
ing vote: Ayes, Messrs. Trimyer, Fisher,
Normoyle, Brill, johnson, McCuen, Lead
beaten Spinks and Mr.. Presidents. Noes,
Messrs. Burke, Snowden, Risheill, Bladder,
Bryan and Uhler-6.
IAN ordinance authorizing the Mayor TO
execute special warranty deed to William
f.. Fendall for lot of ground on south Co
lumbus street on the payment to the Corpo-
ration Attorney of forty.fye dollars" was
read the first, second and third times and
passed, ayes Is. noes 0.
An ordinance to amend and re-enaet an or
dinance approved November II, 1901, entitled
can ordinance TO provide for the location Of
sidewalks and parking on sixty-six feet
streets, when roadways Of said streets are re-
0uctu from lnttf pTtooit Niuth, was iCtohu-
mended by the joint Committee on General
Laws and Streets, and read the second and
third times and passed; ayes Messrs. Trimyer,
Burke. Risheill, Fisher, Normoyle, Baader,
Brill, Bryan, johnson, McCuen, Spinks and
Mr.. President l12l noes Messrs. Snowden,
Uhler and Leadbeater 81.
An ordinance to provide for the construe-
ton Of sewer on Royal street from Fleisch-
mann's alley 10 Wilkes street. and assessment
Of cost against property owners binding on said
street, was referred to the joint Committee on
Streets and Finance.
A resolution appropriating $3.50 to make
sewer connections on that portion Of Prince
and Fairfax streets where the W., A. x Mt.
V Railway proposes to pave with vitrifed
brick. was passed; ayes Is, noes 0.
The Committee on Streets recommended
that they be directed to notify the property
owners on Washington street. between Duke
and Wilkes streets for the construction OF
sewer under the 33d section Of the city charter,
and the report was adopted.
The following was adopted:
Whereas certain changes must be made in
the city charter TO make II conform TO the
constitution Of the Stste.
Resolved, That the Mayor. President Of the
Board Of Aldermen, President Of the Common
Council and the Committee on General
Laws confer with the Corporation At
torney and have such changes made
in sections 2, 4, 8, s, 9, 10, IL, Is, SO and
other sections of the city charter If found
necessary and make their report to the City
Council at its next regular meeting, Tuesday,