The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-08-29


Stand on tIrc Matter They Were IL Set
Of Moral CowaEis-Law Modified
by Il Vote of 5 TO 4-CoId Drinks
Can Now BE Sold.
Wilmington is again on an equal
footing with the larger w tie
country over and has no blue laws
to annoy the citizens The board or
aldermen met in special session yester-
day afternoon ut 1.30 with all members
of the board present except Alderman
". E. Yopp. The meeting was a warm
member and all manner Of things were
discussed, blue laws, religion and the
duties OF the mayor. After doing d
great deal of voting in a very snor-
space of time, the board by a vote Of
5 to 4 adopted the following, which
was offered by Alderman p. @. Moore
as a substitute for the whole:
BE it ordained by the board OF
aldermen Of the city of Wilmington,
that article 10, section 35, of the ordi-
nances Of the city of Wilmington be
and the same is hereby amended by
adding after the word Wilmington" in
the last line thereof, the following:
providing further that nothing i'll
this section shall apply to vendors Of
milk, cigars, products of soda fountains
and soft drinks, newspapers n ice
cream or to livery stables and boot
blacks"
For some minutes after the board
met things glided along smoothly. AL
derman R. w. Price, chairman Of the
ordinance committee, first read the Re"
port of the majority of the committee
the recommendation made by Alder
O'Brien and Brown. This report was
the same as the one adopted with the
exception of the word "cigars" which
was stricken from the ordinance be-
fore being adopted but was in the ORR
ginal report. Alderman Price next
read the minority report of the commit
tee, the report being the views of Mr..
Price who, with Alderman O'Brien and
Brown compose the committee. BY
adopting the minority report the law
would have been allowed to remain
practically the same as it is at the
present time. A motion was made first
to adopt the majority report, then a
substitute in the form Of the minority
report. Alderman p. @. Moore, whb
was in favor OF the majority report it
the word cigars" was stricken out Of
fered as a substitute for the whole the
report of the majority of the committee
with the word cigars stricken out.
The three motions were then before
the board for discussion and a warm
debate they had.
Alderman Johnson wanted to know
of City Attorney Marsden Bellamy, Jr.
if the state law and Il city ~rdinance
allowing the sale of certain articles
conflicted. Mr.. Bellamy replied that in
his opinion they would not that the
stat claw did not provide a fine as pun
ishment but only inflicted a penalty for
opening Il place Of business.
Alderman Price wanted to know il
il would not be discriminating to allow
certain articles to be sold. Mr.. Bel
Iamy said there would be some doubt
about the matter.
Alderman Johnson said he was not
in favor of discrimination that il res
taurants are allowed to sell cold
drinks that drug stores should be al
lowed to do the same. He stated that
the Sunday blue laws" rad existed
for at least % years and had never
been enforced before. His suggestion
to the mayor was that the law be al
lowed to remain on the books, but moi
enforce it.
Alderman King said that the law
was on the books and he supposed 1t
would have to be enforced. He as
serted that he wanted to discuss the
matter from Il legal standpoint, but
he would also say that from a reilg-
ious standpoint he supposed he differ
ed from the other members of the
board: that he had never been DC to
find in the Bible where the Lord set
apart the first day Of the week as a
day of rest
Alderman Brown said he could see no
earthly harm in going down the street
on Sunday and buying cold drinks.
He urged the members of the board
to have a free country and said IF the
law is allowed to remain as it now
stands it will injure the town enor-
mously, world without end
Alderman Johnson said he did not
think one man had the right to die
tate to the whole town and as far as
enforcing the ordinance was concern
ed that there were not less than 20 or
dinances on the book now that are not
enforced.
Alderman Brown wanted to know
of Alderman Johnson when ne
changed. that only a few days ago he
was in favor of modifying the law.
Alderman King said he could not
vote in favor Of the majority report,
as he thought it would be- discrimina-
ting. Mr.. King then started to say
something in regard to the duties of
the mayor, but his remarks were cut
short by Mayor Waddell who inter-
jected a few remarks.
Mavor Waddell said he wanted no