Los Angeles herald., 1907-01-05
Deputy Clerk Makes
Bungle of Affair
Attempt Of Solid Six to Railroad Ascot
Park Special License Ordinance
Falls FIat-May Try
Again
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8 LAW GOVERNING Z
q DEPUTY's SIGNATURE 4


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@ same on it's behalf, and be pre- O
@ sented to the mayor for his ap- @
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@ proves IT; II not, he shall indorse @
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@ ton to him and shall return It to @
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Though the city council rushed a
new ordinance through the legislative
channels yesterday and authorized
Minute Clerk David M. Carroll to sign
1t the plan will fail to give Ascot park
a special license to sell liquor.
On motion of doc" Houghton. Car
roll, who is deputy under City Clerk
Harry Lelande, was "authorized to
sign this ordinance on behalf of the
city clerlSS and he took the councils
mandate as binding on him.
Attorney Sam Haskins of the Los
Angeles Jockey club stood by when
Carroll signed the bill and incidentally
suggested that he put Mr.. Lelande's
name over his, thus making it proxy
signature for the city clerk.
This is where the mistake happened.
Because Carroll attached Lelande's
name City Attorney Leslie r. Hewitt
advised Lelande that the whole or
dinance was invalidated, since section
81 provides every ordinance =
snall, before it becomes effective. be
signed by the city clerk or other per-
son authorized by the council to sign
same on it's BEHALF" which he con-
strues to mean that Carroll can sign
| only for himself or as direct agent of
the council.
Spares Carroll a Trial
If Mr.. Lelande adheres to this theory
1t is likely that Carroll will be spared
trial on charges preferred before the
civil service commission for insubor-
dination, which previous to Mr.. Hewitt's
ruling were regarded as more than
likely, since Mr.. Lelande has given or
ders that no deputy shall sign any
ordinance which bears an emergency
clause. Lelande, 1t is understood,
gives the Municipal league much of
thS SiCulI lOI Ills Ie-tlGCllOH ana III WAS
by way of gratitude, it is said, that he
issued these orders, knowing the we'll
known antipathy of the league to emer-
gency clause legislation
Carroll was in a measure prepared
for charges, had they been filed. as
he says he never had written orders
from Mr.. Lelande to withhold his Sig
nature from emergency clause legis-
lation; in fact he claims not to have
known of such an order
May Be Raded =
The situation is a complicated one.
and If Ascot continues to sell LIQUOR
1t invites chances of being raided by
the police.
Recently the city council passed a
special city license granting a liquor
selling permit, as Ascot had come in
out of the county, but City Clerk Le-
lande, yielding to Municipal league in
fluence, refused to sign and deliver it,
thus permitting the league to tie up
the license by injunction proceedings.
Yesterdays new ordinance was mere
ly legislative trick to get the meas
ure through, as it was duplicate of
the ordinance which Lelande withheld
and by passing 1t over again with Car
rolls name legally signed the bars
would have been down at Ascot.
Mayor McAleer signed the first and
lloO tic oCCOIll OIullldllCt, DuI DOIH
are now in Lelande's custody. They
would not become effective until after
publication, and this will be delayed.
May Pass Another Today
The council has one more card in
it's deck. AS it adjourned till this
morning at 10 o'clock it has two hours
time in which to pass the ordinance a
third time. No legislation is legal
after noon on Saturday, hence unless
the league gets out a fresh injunction
this morning 1t is possible that Carroll
or some one else may be authorized
to sign for the council, omit Lelande's
name to steer clear of Hewitt's OBJ
jections and as the mayor will willingly
sign the way seems clear for a license.
Three members of the present council
are absent from their desks-Kern Is
now chief of police Summerland has
gone north to become railroad commits
sioner and Hammon has gone to take
his seat In the legislature.
At yesterdays session Houghton
moved that the vote by which the or
dinance granting the Los Angeles
Jockey club special liquor license was
adopted December 20 be reconsidered,
which carried unanimously.
Then he moved that said ordinance
be filed, which was also adopted.
Next a draft of the new substituted
ordinance was read and at the instance
of Councilman Healy the rules were
suspended and the measure was passed
by unanimous vote of six.
Then Houghton moved that Carroll
sign for the city clerk.
Jockey Clubs View
The Jockey club people take the view
that the city is In duty bound to grant
the liquor privilege as much so as 1t
is granted the privilege OF continuing
the race meeting.
With the understanding that the
city would withdraw its opposition to
the Ascot meet the track attorneys
Withdrew their litigation at Sacramento
which has tied up the annexation of
the shoestring strip. This was done
by advice OF the consolidation commits