The Caucasian. (Shreveport, La.) 1900-192?, 1907-03-14
THE CITY COUNCIL
Its Attitude Peculiar and Its Action In
consistent and Somewhat Extraor-
dinary.

As the City Council is, practically, 4;
| Legislative and deliberatlve body, it car
not consistently exercise judicial func-
tons assigned to the courts, except III
the trials and diSmissals of officials for
misconduct and as is provided by the
charter of the city, its attitude is strlk-
ingly inconsistent when contrasted with
two cases, one of which received an en-
phatic disapproval.
In the case of the Mayor who said
Il want authority to file suit to compel
the Shreveport Traction Company to
give transfers on its lines to the people
Of Shreveport the desired authority
was granted with unanimity, but when
Councilman Abel, at the request of the
city attorney, presented the resolution
following: BE it resolved that the ac-
ton of the mayor and city attirney, in
filing suit against the Shreveport Drug
Company, Limited, for a retail liquor
dealers license for the year 1907, be and
the same is hereby ratified" this desired
authority was denied by vote of 8 to 5.
During the day OF Tuesday, City AT
tirney Pleasant, of his own initiative,
filed suit against the company named,
but before proceeding further it was
necessary that he be empowered by the
Council with the necessary authority as
was given the mayor in the suit against
the Shreveport Tractio nCompany, and
has been granted by the Council in suits
by the city against paving companies and
in legal proceedings which are of re-
cord. Without such authority the city,
through its attorney, would have been
challenged by the counsel for the de
PENDANTS to show such authority, and in
default the city would have had no legal
standing in this case.
In this contention is involved prin-
ciple which a legal tribunal should have
been permitted to settled. The issue is
not personal and therefore should have
been viewed by the, Council in the same
spirit which suggested and affirmed the
authority vested in the mayor to proceed
against the Shreveport Traction Com:
pany, in which the success of the city in
the final result is in doubt, a doubt which
is involved in every judicial proceeding
until settled by a trial on its merits and
i'll keeping with the provisions of law
and the decree OF the court.
1t may be conceded that doubt may
arise as to any compusive action being
exercised on an individual to take out
a license for the sale of liquor or any
kind of produce or merchandise, but it
will not be denied that any individual
transgressing the law is amenable for
every offense proven and is subject to
such penalty as is provided by law. AS
this question is all-important and OF gen
eral' interest, the Council should not
have become the intermediary in an is
sue which should have been relegated
to the courts of justice for final settle
ment. o.
In this case it may not be inappro-
pirate to inquire into the attitude of the
mayor Perhaps in this instance, if he
had, as he has since his induction into
office, been less reserved and more in
sistent, as in requesting authority for
legal action against the Shreveport
Traction Cirnpany, possibly the Council
would not have rejected the resolution
providing the affirmation of authority
desired by the city attorney. Probably
the mayor, being engrossed in the pro-
ceedings, from our view of the situation,
permitted an opportunity within his
grasp to pass or slip through his fin
gers. Without rejecting on the mayor,
we believe that if he had been aggressive
and had urged that authority be vested
in the city attorney to proceed, such
power would have been granted, but ii
he had been overruled by the majority,
he would have won the plaudits of his
friends and the approval of the COM
munity. On reflection, the mayor may
be relieved from criticism for not seizing
this opportunity as he was absorbed IN
tho deliberations of the Council