Rocky Ford enterprise., 1906-08-24
WITH
EVERYBODY PLEASED "
JUDGE WALLIS.
The License Attosneys Wln but the
No.Llcenso Attorneys Oain
Their Point.

no License AgSO1u0yb WIZ JUS sssS
No.LIcsnse Attorneys Oaln
Their Point.
Judge Wallis temporary writ OF re-
straint. forbidding the license aldermen
from granting license upon the basis OF
the recently enacted ordinance. came up
for hearing Saturday afternoon. Ths No
License foress were represented bv F. A.
Sabine and S. H. White. the license ar
gument being presented by E. Glenn. and
T. r. Hoffmirs Of Pueblo and Maj. DAM
eron Of La Junta. Il was altogether .
battle Of the law books and decisions.
Messrs Glenn, Hoffmirs and Damsron
contsndsd that Judge Wallis court did
not have Jurisdiction. Many decisions
were presented on both sides. but by far
the weight Of legal authority was on the
side Of the No.License attor neys.
Tho attorneys for the other side eonfess-
ed this. and Judge Wallis practically said
the same thing just before adjournment
when he asked the license attorneys how
much time they wanted TO file an answer.
that is. to the expected oyerruling OF their
demurrer. But whom the decision was
announced Monday afternoon It was
sauarely In favor Of the license contention.
that 10. that the Judge had no jurisdiction.
While they were winners the Judge said
that II they went ahead and issued license
under the ordnance. and the matter
came up before him hs would rule that
the ordnance was illegal.
II 10 not often that . court is able TO
render decision In favor Of both parties
to bittsr eontsntion. but Judge Wallis
sueessdsd In this case.
The license aldermen knowing that
their ordnance was Illegally enacted. viii
now have 70 bsgin over again. which will
delay the enactment Of legal ordnance
for almost oas month. Sept 18th being
the earliest day that license ordiaanss
can b Ia force and saloon b allowed
TO opsn. Il is most earnestly 70 b. hopsd
that before that date shall arrive The dis
triet court will recount the votes. and
that the correct count will show that
Rsifsl and Lawson were elected.
Siues he above WAS Ia typs he license
forces have taken shert legislative cut
and hops 70 opsn up nsxt Wednesday.
unless something happens.
lopostast cossen Msssiae wsdses.
day Night.
On petition Of many business men the
city agreed 70 pay half The expense of
ornamental electric lighting On Main ST.
during The Fair. Three blocks oa The
north and two On the south side will b
Illuminated. Total cost $3.50. half % b
paid BY The business men.
Buildins permit was granted G. II.
Baldwin.
1hs clerk vas Instructed 10 notify ths
Santa Fe that The hose house would b
removed within the 30 days given.
On motion Of Aid. Stoop Horace Amos
was elected deputy elsrk-an oss'es not
recognized BY law.
Ald. stoop offered the following rsso-
luton:
Whereas. there may b some question
- 70 the legality Of the action Of the
Council IN regard 70 tho passage Of ordi-
nance Nc. lie on its third reading on
Aug. 9. 1906 and tho correction Of tho
minutes Of said meeting made on Aug.
is. 1906. therefore. 30 Il resolved that
tho minutes OF both Of said meetings. 80
far as they relate TO tho third and last
readings and passage o! SAID Ordinance
No. ii9 be and ,sey arc hefeby oxpang-
cd from tho record.
Whereas, Il appears iha; certain mofn-
befs and ox-memeefs Of tho City C5au-
ell have violated tho law governing their
acton a. members thereof In contracting
with tho City In transferring rnoney ard
dossf'ins Il from It's proper funds. and In
tho paying out o! money belonging 10 the
City In an Illegal manner.
Therefore. 30 Il resolved that tho Dis
;rie; Court Judges ba and they are hereby
requested To cali Grand Jury for tho In.
sos;igatiou Of all unlawful acts Of tho
members Of the City or rcs-members. ard
Be Il further resolved that q. NJ.
Dameron. Special Council for the City. b
and he is hereby Instructed TO mako
ali necessary Investigation Of tho action
Of all the members above mentioned in
violation Of law ahd present same to the
Court.
The Mayor refused TO put the motion,
stating sha, the motion did not contain
facts and for ether reasons. Adopted 4
to 1.
Carried by the usual vote.
AID. S,oop moved ;ha: Ordinance No
iio Be placed on third reading which
was done and passed by a vote Of 4 to l.
AID. MePherson being absent.
Mayor Pollock said that the ordinances
was being Illegally enacted and would b
no protection to those holding license un-
der Il.
City Attorney Beall's report on the Null
nix bill was IN substance that the city