The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-01-15

On Dec ! the Board Of Aldermen re-
'peaIed the existing ticket spcoull.o,,.
license ord'n nance ana the roport Of tho
action OF the board was filed. as = mat
yer OF course, In tho Office OF the Corno-
ration Counsel Primarily CorporotIon
counsel Pendle'on had communicated
win the board, advising rs 10 the char
acter or ordinance which should no
adopted, hut made no suggestion that
after repeating tho existing ordnance
another should he adopted.
lhul reN hours before midnight las.
night when the repeating ordinance
went into effect, the Office Of the Co-po.
cation Counsel did not raise warning
cry linen Police Commissioner Blng-
nam was hastily notified not 10 wage
war on sidewalk ticket SPECTATORS be-
cause the ordinance which the Mayor
mad been permitted to sign was inerrec-
1--WE from legal standpoint.
Mayor Mcclellan was not pl.,s.d
when he was apprsed to-day of the un.
expected turn OF affairs.
Inc Mayor was Indignant when seen
by reporter for The Evening World,
nut rerrained from making nny state.
ment for publication. II developed that
mot only had the Mayor been allowed
10 sign faulty ordinance. bu, a. no
time since has he been apprlsed that
fhe ordinance was useless He has M,
Ve. received copy OF the Connolly
opinion and the only information he
mas received regarding /, is from the
newspapers
The Mayor Hlll probably demand
report from the Corporation Counsel
Flrs, Assistant Corporation Counsel
George l.. Sterling. who transmitted the
notice to Commissioner Bingham, did
mot write the opinion. 1t was written
by Assistant Corporation Counsel Theo. |
core Connolly. In the absence of Cor.
poration Counsel Pendleton. the opinion
remained on Mr.. Stering's desk for a
few days, and was then forwarded. Mr. .
connolly had since Dec to write the
opinion. but the ineffective" ordinance
was not considered until long after the
mayors signature was appended.
Can't Place Blame.
II don't know who, II any one, Is
70 blame" said Mr.. Sterling to-day.
The matter came to my attention in
the regular course OF affairs and We
accordingly notified the Commissioner.
don't want to get into trouble with tho
Mayor over this matter, nor does any
body else. Mr. Connolly's opinion Is
conclusive and no action can be taken
toward regulating ticket spectators
until another ordinance Is passed.
The Board OF Aldermen repealed the
existing ordinance, but failed to supply
a corrective one In It's place"
Corporation Counsel Pendeton was
not al his office to-day. and Mr., Con-
molly said that when the matter was
sent to him he gave II prompt atten-
ton. In his opinion, Mr. Connolly de-
clares that, In repeating the existing
ordinance. the Board OF Aldermen neg
lected to adopt one applying to the
situation. Under that condition, he
says, the void, frees the business
Of sidewalk ticket speculation from any
obligation to pay ices" and does not
interfere with the business as now CON
Quoted.
Mr., Connolly says he called the City
Clerk before him and the latter stated
that no qualifying ordinance had been
adopted TO take the place Of the one
repealed.
Mayor Mcclellan will insist upon the
drafting OF proper measure and its
adoption, that the ticket speculation I
business be perpetualy terminated
Bingham Still Has Authority.
Marc Elaw, or Klaw 6 Erlanger, In
upon the action OF Assist
ant Corporation Counsel Sterling, said
to-day:
"Mr, Sterling has made himself the
special peader for the ticket specula-
tors. Why did he not allow them to
proceed and test the law in the regu- h
ar way? "
Before the ordinance was repealed b
Sen. Bingham complained that he could 'it
not dispense the aggressive spectators, u
BECAUSE they were licensed Now the
license mas been denied 10 them and the =
)Olice can dispense them. lie has all II
he authority lie needs
'klaw 4 Erlanger will see that they
ire disposed Of II the police refuse to q
10 So Maybe, the police will then have :
occasion to step in h
There's nothing the matter with the n
aw, MIR. Sterling 10 the contrary not Il
n