Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-12-30
CITY FIRE LIMITS
ARE PROTECTED
| The Common Council Turns Down
Patno's Petition Signed by
One.Sixth OF Voters

Since his release from Jail last week
Friday, R. H. Patno has continued
his effort to open up his lunch car
on the lot adjoining the Fritz build
ing on Miner avenue. A petition sign
ed by more than 80 citizens and busi-
ness men, including four of the jurors
who convicted him of violating the
ordinance, was presented to the council
Tuesday night and was ignored by a
vote of four to two, Aldermen Keifer
and Roesler voting to consider it. Had
they been so disposed the council could
have amended the ordinance.
The mayor and some of the council
appeared to be offended at the use of
the word persecution" in the petition,
which stated that the signers did not
believe that Patno had olated the fire
limits ordinance and requested that no
more of the city's money be expended
in prosecuting him.
Whether Patno was prosecuted" or
not, it would seem that he had done all
that could reasonably be required of him
in his effort to locate his lunch car at
an advantageous point. He first went
to the council with his proposition and
was referred to the city attorney, who
led him to believe that there was no.
thing in the ordinance which would ap-
ply to his case. One of the aldermen,
who helped frame the ordinances last
spring, assisted him to build the car at
his home in the First ward, knowing
that Patno intended to locate it inside
the fire limits. Another alderman
helped him to haul it into the fire limits.
On the suggestion of an alderman, the
city attorney drafted paper which
was signed by the adjoining property
owners along that block, stating that
they had no objection to his moving the
car in. He was arrested on complaint
of competitor in business and, be-
cause of the city attorney having ad-
vised him as he did, Attorney Chas.
Kirwan was appointed assistant city
attorney to prosecute the case.
The jury found Patno guilty, and in
default of payment of the minimum
fine of $25 and costs, Patno was sent
to Jail for thirty days. After "a hours
he was released on habeas corpus pro-
ceedings by order of County Judge
McGill on the grounds that the commit
ment was faulty. The city pays the
costs, amounting to $1895. Since the
council ignored the petition which
Patno took the trouble to secure the
eighty signatures to, he has been noti-
fed to remove his car from the fire
limits.
"Strain at gnat and swallow a
camel'' is an old adage which appears
to fit this case. Last year one of our
ordinances was declared invalid by the
circuit court because the city clerk had
failed to file the publishers affidavit of
publication within the prescribed time.
Most, if not all, of the balance of the
ordinances were faulty in this respect
| the fire limits ordinance among them.
A long interim was allowed to pass be-
fore the reinactment of the fire limits
ordinance, during which time Aldermen
J. P. Peterson and r. R. Johnston and
numerous other business men made
additions to their frame buildings in the
fire limits. any one of which is many
fold greater than the size of Patno's
lunch car.
A few months ago the council passed
an ordinance requiring all sidewalks
along certain streets to be built of
certain materials. A month later
while other concrete walks were being
built, nearly a block of plank walk
was laid on street where it was pro-
hibited by the ordinance. 1t appears
to make q difference who you are
whether it is necessary that the
audience must be respected" as one
alderman said. Mr.. Patno is a poor
man, not an able bodied man, but he IS
too independent to get down and beg,
hence he must suffer the displeasure
of the council, and the signers of his
petition must remember that they are
only permitted to speak at the polls.