The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-05-23
Committee, at L a t,
Votes Solidly to Hook
1t by New Law.
AND UMLAUF
AL M OS'T M TX UP
Building Inspector r esent S
Charge That He Hurried Per-
nit When He Knew Ordi-
nance Was Pending-Strong
Arguments by Ministers
and Lawyers.

roiio"lnS a prolonged hearing last
night before the Council Committee on
ordnance. Charter and Reform. as q
result OF which the measure 10 GRO.
hioit hereafter the Issuance OF a license
10 any theatre located within 1850 feet.
OF a church was recommended fol
adoption. Chairman Umlauf anu Build.
Ing Inspector Beck almost came 10.
blows In front OF M%urphy's Hotel. An
actual encounter was avcrted by apoi-
osles on the part OF Mr. Umlauf. whc
insisted that he had not intended 10
impugn the motives OF the Building In
spector. and by the intervention OF q
number OF friends.
Speaking before the committee fo1
the ordinance under consideration. Mr.
Umlauf referred to the Building In
Spector. indicating hat he had acted
with undue haste in Issuing the per-
nit to Henry $. Wailerstein for the
new Lyric Theatre. Suggesting that it
would have been IN better Faith with
me Council had the plans been held up
until the Council disposed OF the pend-
Ing ordinance.
Beck Demands Apology.
Mr.. Beck was not in The City Hall
at the time, having left after testify.
ing that The plans were in accord.
ance with the building code, and that
the permit had been issued In the usual
tO1mE iicuI iiS OF the inslnuatl0nS oil
Chairman Cmlauf. MIR. Beck hurried
back. meeting Mr. Umlauf on Broad
Street in the midst OF u party OF
friends. He demanded an iinmeuiare
retraction, which was ortncoming,
ar. um!auf protesting that lie had
not meunt to question the motives or
The Inspector. Several members OF The
Council and others present Insisted
that there be no breach OF the peace.
Mr. t3aCR. Gala fh3t tho ~ ,arua - bIe
office would show when the plans were
filed. when certain changes had been
made BIZ the architects 10 meet the
require ncnts OF the building code and
when the hnai permit had been issued.
lie deeply resented the charges or
Chairman umlauf. as did a number
Of lis friends who were present, sew
trai ~Councilmeo remarking at Tho
time that the insinuatIons were not
justified, the Inspector having had no
option but to issue the permit
Three Hours Of Argument.
Three hours OF able argument by
Representatives OF both sides preceded
a unanimous vote In the comrnittec
in favor of the Mills ordinance con-
corning the licensing OF theatres. do
signed 10 prevent the operation OF the
proposed Lyric Theatre at Eighth ana
Grace Streets.
James w. Gordon appeared for
Henry S. Wallerstein. owner OF the
lot. and the interests proposing TO
erect and operate the new playhouse
Eppa Hunton, Jr.. and Fred w. Scott
appeared Tor st. Paul's Episcopal
Church n St. Peters Catholic Church
In favor OF the ordinance. Bishop Van
de Eyver. OF the Catholic Diocese OF
Richmond. and Bishop Gibson. OF the
Episcopal Diocese of Virginia. were
present, but took no part in the pro-
ceedings.
Several ministers spoke for the
ordinance. including Rev. S. G. Hatcher,
d. D., OF Broad Street Methodist
Church, who was epprehensive as TO
what might be done with property
now for sale adjoining his church. and
Rev. j. N. Latham. OF Centenary Meth
odist Church.
A large number OF spectators filled
the Council chamber TO overnowing,
notice having been given in all Catho-
lie churches Sunay urging male mem
bers to be present in support of the
ordinance.
would not Continue.
Mr.. Gordon asked a continuance for
q week because of the absence of his
partner. II. NJ. Smith. Jr., who was en-
gagged In an important case in Roa.
5noke, and who had prepared the case
for Mr.. Wallerstein. Mr.. Hunton would
not agree to a continuance. Mr.. Hunton
remarking that one of the grounds OF
opposition was that the ordinance was
retroactive. and that every days delay
would be used In court against the
ordinances. To meet ,objeotions raised
by Assistant Attorney Anderson. the
patron. Councilman Mills. offered a
substitute ordinance. changing tho
yerbiage slightly. The paper as recon-
mended reads as follows:
Be it ordained by the Council OF the
city Of Richmond:
l.. That no license shall be Issued to
any public theatre the main entrance
OF which, or the bill boards of which,
shall be within 100 feet, in an air line.
of the main entrance to any church
devoted to regular religious worship,
nor shall any such license be granted
TO any public theatre whose building,
or any part thereof, Is located within
seventy-five feet. in an air line. OF any
such church; provided. however. that
this ordinance shall not apply to my
theatre which was located and licensed
as suoh at the time of the passage OF
this ordinance.
Q. Any person who operates such a
theatre without a license, and any
person giving az public theatrical or
other performance or show therein,
shall be liable to a fine of not less
than $50 nor more than 5000 for each
o%ffense.
8. This ordinance shall be in force
from It's passage.
Heard Mr.. Gordon Fret.
The committee decided to hear from
MT. Gordon first. over his protest that
such procedure was throwing the bur
den Of proof on the opposition rather
than on the advocates Of the measure
to show the necessity for any action
at all. In reciting the history OF the
case, he tated that cieht mantle oCo
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