White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-01-07
COUNCIL WILL LIMIT
SOFT DRINK LICENSES
CONTINUED from Page Onc.)

infn JOu oOui0 sioidtC tnC IA
asked Mr.. Zurich.
Yes. IL it is for the good of Ely"
replied Mr.. West.
Then how a you expect others
to obey the law when you, as a part
of the city government, say you
would violate it?" asked Mr.. Zurich.
Mr.. West explained that IL 1t were
a violation of the law to take the at
titude indicated for what he con-
ceived the good of Ely Le would ac-
cept the responsibility.
when you became a member OF
this council" exclaimed Mr.. Zurich,
did you not take an oath TO support
the constitution and laws of the state
and the charter and ordinances of
the city of Ely, and now you say
here publicly that you would violate
the law F"
Mr.. West refused TO stay eorrered
After a few seconds reflection he
mark that ne would Intentionally vi
olate the law. which was said in the
heat of controversy, his meaning be-
ing that he would do anything in his
power within the law to assist in the
betterment of Ely.
Councilman Russell, who had re-
NAMED silent up to this point, asked
Mr.. Lockhart If he had not previous
ly advised the council that The court
would order the issuance of the IL
eense. Mr.. Lockhart substituted his
own words, which Mr.. Russell SEEM
ed to regard as synonymous, so the
latter made a motion that the license
be granted
A long silence followed. Finally
Mr.. West said:
Mr.. Russell and | are the only
councilmen present. Mr.. McKernan
is absent. II he were here he might
second this motion. II | should o.
X. it, mean second tit would
obligate me TO vote for 1t. For that
reason | cannot second IL"
Yes, but there is a quorum pres
ent." insisted Mr.. Zurich. What we
ask is that action be taken at this
meeting"
Presently Mr.. West said he was
opposed to issuing the license end
were a motion before the council he
would vote against it.
Another long pause. Al length
Mayor Gallagher Interrupted the
Quaker meeting by saying:
There being no second to the mo-
ton. | will not entertain ii. We will
consider the incident closed ard the
license will not be granted. I have
opposed the granting of this license
on moral grounds. am opposed
to a soft drink place in that locality.
II is unfair TO the youth of our city
to have one there If il is run the way
other soft drink places are being -un
here. That is my reason for rcfus-
ing. and we will still refuse to issue
the license"
Several limitations were made
that it vas merely Mr.. Jurieh's wish
to have action taken. anticipating Il;
to be adverse. as a basis for an ap-
plication in the district court for a
writ OF mandamus. AS the mayor
concluded Mr.. Zurich asked him il he
would accept the responsibility OF
putting the city to the expense of
defending court proceedings, which
the city attorney had just advised the
council would be adverse. The may
or ignored the question and as Mr..
Zurich and his clients were rising to
depart he called the next order of
business.
During the absence for sixty days
of Mr.. Lockhart as assemblyman at
Carson City the council granted his
written request that Gilbert F. Bore
man be appointed acting city after
ney.
Mr.. Russell reported that ecm-
plants had been made of the illegal
use of gasoline within the city limits,
thus increasing the fire risk. This
was referred to Messrs. Lockhart and
City Marhal Jackson for action.
The mayor told of an application
by the county to assist in combating
pinkeye in the public schools, wish
ing the city to bear half the expense
of the health officer. Action was de-
ferred.
James O'Hare, street and sidewalk
engineer. was directed to remove the
flood debris from the crossing be-
tween the Lewis store and the Cath
Ollie church.
An ordinance placing a city license
of s1b a quarter on automobiles car
rying passengers went to its taird
reading and was passed. Ii places
the sole power OF granting such Ii
censes in the council, which. as Mr..
West pointed out, was a specific va
ration from the procedure at Issue
in the soft drink application, where
1t vas held that the mayor and clerk
had that authority. The mayor and
Mr.. West said the change was desir-
able in this case.
The city bills were presented by
Mr. All Wprp allowed ax-