The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1906-09-25
WIRE HOUSES
MAY OPERATE
The Holloway Ordinance
IS Defeated.
ALDERMEN STOOD 8 TO 3
Measure Debated at Special Coun-
; ell Session.
President Gunter Proposes Joint Tick
ct Office of Railroads I'm Mont
gomery,s Busincks District
--whi~key License for
school.

ordinance, proposed several weeks ago
for the purpose of prohibiting every
manner of private wire dealings in
futures or margins in the city of Mont
gomery was voted down at a special
session of the City Council last night
| by a vote of eight to three
Notwithstanding the eloquent appeal
of the author, Alderman J. l.. Holla-
way, and his strong presentation of
It's value to Montgomery. there was
never a minute during the session that
the final outcome WIS not apparent 10
those in the Council Chamber. and even
before the meeting was called to order
1t was general knowledge that the
measure would be defeated.
Throughout the Arguments which
held the council for an hour and
half. 1t appeared that the general feel-
ing of the members of the legislative
tody was against bucket shops ppt
In favor of Legitimate" brokerage
houses. and also that while the market
business might be capable of regula-
ton, IT. was beyond the province of the
City Council to make laws prohibit
Jig II until after the Legislature OF
the State should take such action as
would make legal enactment by the
municipal body constitutional.
Not since the awarding of the paw
ing contracts for Sayre and South
Hull streets has there been such
crowd in tho Council Chamber as went
10 the special meeting of the legisla-
tive body last night. The seats about
the walls of the room were filled with
,ersons interested III the brokerage
business, or drawn through interest
and curiosity. to see what action tue
council would take.
| Measure is Reported.
| When the matter was finally brouE'
In. Alderman Hollaway, who had bcen
delegated by President Gunter to pre-
side at the meeting, gave way In IA
yor of Alderman Roemer, In order IN
support his measure. Reporting on the
ordinance. he seid the committee had
been unable to agree on a united re-
mort to the council. The original
ordinance had. however. been rejected
ard a substitute, covering much or :hd
same ground had been prepared which
he would submit to the council.
Previous to taxing up the question
two petitions were read to the coan-
ell by the clerk both of which asked
that the measure be not passed One
was from Lne
Union, composed of telegraph operat-
ors several of whom are in the en-
ployment of brokerage houses in Mont
gomerw and the other was from a
rumber of the leaSing cotton brokers
of the city.
The substitute ordinance which was
read to the council differed very III
tie from the original measure, which
was published at the time the agra
tion against the bucket shops" was
| first brought up. It bore the caption
ITO further prohibit gambling IN the
City of Montgomery"
Immediately upon its reading BY the
clerk, Alderman Sullivan rose to OF
fer an amendment. He wished to make
the caption of the ordinance read. ITO
Irohibit the dealing in cotton. stocks,
bonds, meats, grain or any dealings OF
| any kind that come under the head
of cotton exchange and bucket shops. =
| Alderman Holloway said he did not
know what the amendment meant. and
did not believe the author knew. One
thing, 1t certainly was not germane
! to the ordinance in question.
| 1t was much farther reaching, he said
than anything which had previously
| been introduced. The Alderman from
Ward then rose to explain, and die
so during the quarter of an hour that
followed He objected to the caption
| of the ordinance. He was opposed L
calling regularly licensed business meI
by the term gamblers.
Alderman Holloway moved to table
| Alderman Sullivan's amendment, bu
was defeated by yea and nay vote
| s 20 ..
Alderman Sullivan then moved fol
the adoption of his amendment. Be
fore a vote was taken, however, Alder.
1 -.
1t. The caption proposed by the Alder
man from Ward s. he said, was not APP
plicable to the body of the ordinance
and he wanted everything to go through
| in proper shape. He cited late CHIEF
Justice Thomas N. Mcclellan of the
Supreme Court of Alabama to show thai
! the term gambling" could be applied
| to the class of business aimed to be
affected by the ordinance.
Opposed by Gunter.
Alderman Gutner then took issue
against Alderman Holloway. He
| thought the caption advocated by the
Alderman from Ward was not cor
rect. He said. also that in it's present
form the ordinance was not constitu-
| tionaL For one thing, the ordinance
provided for the Imprisonment of any
one who violated the ordinance. The
courts rule, he said that contracts made
contracts are upheld by the courts The
Council derives it's authority through
legislation. 1t has no power to pass
legislation opposed TO that which gov
ems the courts of the land The or
dinance in its present form. he de-
'clared, in his opinion, and in the opin-
ton of the city attorney. was illegal.
The amended caption prepared for
the measure by Alderman Sullivan was
then put upon its passage and was
adopted.
Rising to reply TO the attack of AL
herman Gunter against the constitu-
tionality of his measure, Alderman
Holloway cited decisions of higher
courts upon the legality of future and
marGln dealings TO show that such
transactions are classed as gambling
He spoke at length upon the evils of
the "system." He had no personal end
to serve in arguing for his measure. he
said. But he had an abiding faith that
it was oil of the greatest evils Of tho
South today.
May ask question:" put in Alder.
man Gunter Don't you think 1t would
be easier 10 have guardians for people
who NEEDLE in such transactionsT
,'Perhaps, but don't think we can reach
II in that way" replied Alderman Hol-
loway. r have ben unable to get sta
tistics on the amount of money lost
in Montgomery during the last year.
hut ask nine out of every ten men II
they are on the right side of the mar
ket, and see what they say. My gray
haired colleague on my right" he
said. turning to Alderman TAFT, but
that gentleman rose to object
II refuse to be considered old lust