El Paso herald. (El Paso, Tex.) 1901-1931, 1920-02-20
CITY COUNCIL
RAPS military


AtuAtAA --ru rum t.-7[ -
the authority now vested in US by
existing laws
Brands Proposal High Handed
in referring 10 the proposed room
ing house ordinance, the mayor went
into detail This ordinance proposed
by a government representative who
has been before Us, has no 1ustlIica-
ton In constitutional right, cannot
be enforced and any attempt woe I'd
Weaken the authority OF our ponce
officers over the class sought To- De
controlled. This ordinance should not
be passed. not only because of its IL
legality, but no citizen, whether ne
be a property owner or not should be
subjected to such unWarranted and
high-hauded methods, which would
most essentially destroy his individual
rights and freedom
The proposed ordinance regulating
hotels lodging houses and roomiue
houses makes il a prerequisite that
any and every householder IN the
city OF ID Paso who offers any rooms
for rent TO anybody, Of either sex.
must first go before the city council
and obtain O. certificate OF good
moral character.
4Another section OF the same
ordinance provides that any peace
officer ray enter mt viii upon
the premises Of any person Offer
ing rooms for rent. without the
Issuance Of LEGAL warrant and
without the consent Of the owner.
Section nine Of the Bill Of Rights
provides. The people shall be secure
IN their presous- houses, papers and
possessions from an unrea SONS De-
seizures or searches. and no warrant
10 search any place or 20 seize any
person or thing shall issue without
describing them as near as may be.
nor without probable cause, supported
by oath Of affirmation
THE same principle is embodied IN
the constitution Of the United States,
and is as old as constitutional free
dom. The constitution Of the state OF
Texas declares
Guards Against TranSgressions.
To guard against transgressi0ns
Of the high powers herein delegated,
We declare that everything IN this
Bill OF Rights is excepted out Of the
general powers OF government and
shah forever remain inVi0late, and
All laws contrary thereto 900. shah
be void
erhe present city council has no
power even ~ a. had the wish, TO
override this constitutional guar
nntee and certainly IL has no de-
sire 10 do so.
"The penal law Of Texas IS ade-
quate 70 punish keepers Of disorderly
houses and that law reaches not only
the person actually engaged in keep
ing the disordarly house (which
among other things is defined TO be
a mouse Wnere prostitutes resort or
are permitted TO reside for the nur-
pose OF plying their TOcarioul. but
also provides that the owner agent.
lessee or tenant IS equally guilty. The
proper application OF this law viii
remedy the evils OF which the milf
rary seem 20 complain IN addition
20 that. there exists the federal law.
commonly known as the zone law,
which reaches the evils OF the char
acter complained Of
In the judgment Of the city coun-
Gil, there is neither reason nor Justice
In sunJecrng the civil population 10
the inconvenience and rig0rs OF mile
tary law IN order that the military
authorities should be relieved from
the exercise OF that military disci-
pine which they are already amply
authorized by existing law 20 enforce.
Conditions Not Ideal.
The city authorities candidIy ad-
NIT that the conditions in this border
town are not Ideal II is only BY
forcement OF the law. 20 the best Of
our ability. that we are able 20 hold
the laWless 10 subsection We resent
the statement that we are not using
and eliminate the laWless element
The cooperation OF the military in
protecting both soldiers and civilians
is highly desirable and must be eL-
fected If good results can be obtained
in a mixed population Of soldiers and
civilians. especially when that civilian
population is also mixed
Raps Military Crime.
1T would not be amiss to call the
attention OF the military authorities
TO the fact that a high percentage
Of crime which constantly calls Tor
the powers OF the police force is
committed by the soldiers themselves
Our police records fully bear CUE this
statement and the facts are known
TO the military. OF should be known
TO them. This administration desires
or intends TO dodge no responsib ility-
and viii continue Its best efforts 20
enforce law and order, but we have
no intention as an COMMUNICATION and
as representative OF the civil popu-
Iatfon Of quietly submitting to all the
blame FOR q condition that arises our
OF circumstances beyond our control
We respectfully assert, Tor both the
interest OF the army and the city
that the military should recognize
It's full responsibility and apply lls
remedy 70 its part.
In referring 10 the speech SAID 70
have been made BY Dr. II j. t-.--nsy
fefore JET Paso Rotary, in which BE
Is quoted as saying the clinic snou-q
be reestabIished. the mayor said Il
wish TO state that the clinic has never
been suspended since IL was first es-
tablished il is being mainLalneq
Jointly by the city and county OF ~
paso. the city's proportlo,n OF tnls
expenditure being several nll4f ca