Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-06-11
VETO MESSAGE
Mayor Charles u. Perry Gives His Rea.
sons for yetoing the OrdInancein
Relation to saloon Regula-
ton.
To the Common Council and to the City
Clerk of WauWatOSa:

To the Common Council and to the City
Clerk of WauwatOSa:
/ return herewith without my APP
proval, the ordinance entitled, Gan
ordinance providing certain rules and
regulations concerning saloons licensed
by the City of Wauwatosan adopted
by majority vote of the aldermen on
Tuesday evening, Jnne 1st, and respect
fully submit the following reasons for
declining to approve the same.
Section of the ordinance in ques.
ton is as follows
SECTION l. All persons licensed bv the
City of Wauwatosa as provided in CHAPTER &C.
wisconsin K. S. 1899 and all subsequent acts
amenda tory thereof, To sell in quantities of
less than one gallon, strong sprituous malt
ardent or intoxicating liquors to be drank on
the premises shall close their respective plac.
es or cause the same TO be closed and cleared
aud exclude therefrom all customers, ,or
other persons at or before the hour Of ten
o'clock p. NJ. and shall keep the same 80 clos
ed and cleared until the hour of six O'Clock of
the following day. And provided further that
on each and every Annual Spring Election
primary aud biennial Fall Election day. said
place of business shall be closed and cleared
during the whole of the day and II shall be un-
lawful to sell, barter, or give away liquor of
any kind or quantity whatever between the
hours of ten o'clock p. NJ. of the day which
proceeds an election day and six o'clock A
Nj. of the day succeeding such election day.
1t is undoubtedly the right of the
Common Council to determine the
hours of the day and night. during
which saloons may remain open for
the transaction Of business in this city,
and for that purpose to fix the closing
hour at ten o'clock p. M. instead of 10
o'clock, which last named hour is the
time provided for closing by an exist
ing ordinance. if thought desirable,
and while it may be the right of tile
Council TO multiply offenses, by passing
ordinances which prohibit saloonkeep-
ers from selling on general. municipal
and primary election days, all of which
is now fully prohibited by statute, do
not believe such an ordinance to be a
wise action, or conducive to any great
er possibility or probability of enforc-
ing observance of these conditions,
than II the statutory conditions alone
be relied upon.
Under the statutes of this state, the
sale of liquor, even by licensed saloon
keepers on election days, subjects the
offender on conviction to punishment
by fine and Imprisonment, and if noti-
fled so to do by the justice or court
where the matter is pending, it is the
duty of the District Attorney Of the
County to appearin behalf of the state
and prosecute the complaint.
The same degree of proof-no more,
no less, would be required for a CON
viction If the prosecution were for the
sale on day prohibited by ordinance
as on a day prohibited by statue, and
the same rights ofiudividuals, or duties
of officials to make complaints to the
same court officials, exist whether in
case of offenses prosecuted under the
statute or under an ordinance provision
In both eases, the accused would be
entitled to jury trial--but in the statu-
tory offense the prosecution in this
county, would be under the direction
of the district attorney, and in the Dis
trict Court whore it would be return
able even if the original complaint
were made to local justice of the
peace, while the ordinance offense
would be tried in Wauwatosa before a
local justice of of the peace or jury, and
prosecuted without the presence or as
sistance of the district attorney.
1t would require testimony to convict
in either an ordinance or statutory
otfense, and if any one, at any time,
has that testimony to furnish, the OPP
portunity is as readily available to him
by statute as by ordinance.
Section 3 and OF the ordinance are
as follows:
sECrIoN2. All places where liquor is Ii
sensed TO be sold in the City OF Wauwatos =
shall be provided with windows opening ON
the street sufficiently low, so that persons on
IN" street can see the interior of the saloon.
Said windows to have panes of clear glass,
and no curtains, screens or distinctions of
any kind shtellbe placed upon said windows,
or in any manner used so as 20 obStruct u
clear view of the interior of said saloon or any
part thereof
SECTION 3, 1t shall be unlawful for any
person holding n license as a SaloOukeeper
fer the selltug OF intoxicating liquors as de,
seribed in the first section of this ordinance,
~ keep within his saloon or the annex there
TO, any partitions, screens, or ohstruc lions of
any sort, before doors oS entrance to aid sa-
loon, so rs 60, ohstruct the view OF the interior
of tue saloon from said door or entrance
There is no statute which governs in
the matters covered by these sections.
l do not undertake to say that the
conditions imposed by these two sec
tions are unwise or undesirable, aud |
do not base my refusal to approve the
ordinance upon them, but express it
as my belief that there is nothing in
either Section Q or which is necessary
for the welfare of Wauwatosu.
1t is my belief that if any person at
any time desires to be informed as to
who is or is not in any saloon in this
city, or as to what is transpiriug there.