The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-20
CLOE To ATTEMPT
PASSAGE d. BILL
CAST ASIDE MONDAY.
Bollas Wins Fight Before
Judge LoCke-Teeth of Or
dinance 592-C Drawn
Temporarily

Commissioner of Public Safety
W. b. Cloe announced Tuesday aft
ernoon that he would renew efforts
to have the city commission adopt
hiss proposed rooming house ordi-
nance at the next meeting of the
board, although he discarded the
measure Monday in favor of resu,s
rected laws which were thought
adequate to cover the needs of his
cleanup campaign.
Commissioner Cloe announced his
intention after learning that Chan
celIor Hugh A. Locke had issued a
temporary order restraining the
city from interfering with operation
of rooming house at 20257s
Fourth avenue, north, by John Boil
las which prevents the city from
enforcing ordinance No. 1920, re-
quiring lodging house and hotel pro-
prietors to obtain operating permits
from the commissioner Of public
safety. ~
Judge Lockes action was in effect
renewal OF the restraining order
granted Thursday to attorneys for
Bollas. when they petitioned the
court to restrain the city from clos
Ing his establishment after the city
commission had revoked his license
on tho ground that Bo1ias had not
been granted a permit for operation
sof his establishment by Commissioner
Cioe, and other reasons. Arguments
by attorneys representing the city
and Bollas consumed several hours
Tuesday. "A. Leo. Oberdoffer, RodericlS
Beddow and Ben f. Ray represented
Bollas while w. ]. Wynn and w. A,
Jenkins appeared for the city.
Appeal to be Taken
The case will be appealed to the
supreme court, according to City At
torney Wynn. Hearing to make the
temporary order permanent will not
be set until the supreme court acts
it was minated Tuesday.
Attorneys for Bollas contended in
their argument that the city had ex-
ceeded jurisdiction In revoking the
license of Bollas, in that he had not
been convicted of violating any city
ordinance ana That Eucn aCllon VIE
contrary to the laws OF the state
They also maintained that the state
laws giving municipalities control
over places of amusement did not in
olude lodging houses and hotels.
Attorneys Wynn and jenkins de-
clared that the enforcement of the
ordinance by the police would tend
to elevate the morals OF the city, by
freeing lodging houses and hotels OF
undesirable characters. They based
their argument that the ordinance
was valid because 1t came under the
municipal code and also the state
code, pertaining to hotels.
Judge Locke's decision, it was
| pointed out, does not prevent the
city from arresting proprietors OF
| disorderly lodging houses or hotels
City Attorney Wynn declared Tues
day that he thought the proposed or
dinanee to be introduced again al
! would be held valid in the courts
since it provides machinery for re-
vocation OF licenses and is operative
under the state law of 1915, known
as the omnibus act.
Several months will probably elapse
before the supreme court acts on the
appeal and all licenses will have been
issued then, 1t was stated at the city
hall Commissioner Cloe's recourse
In his campaign will be revocation
of license under the new ordinance,
granting that the ordinance passes.
Doubt as to adoption in its present
form prevails, however. because
Commissioner w. f. Dickson and
other members of the commission
have objected because no right II APP
peal to the commission or the courts
is provided for.
Tho proposed ordinance provides
for revocation of licenses by the
commissioner of public safety, with
out hearing before the city commits
sion, upon conviction of the license
holder before the Judge of the