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~. C. P.
<br />
<br />October 10, 1~11.
<br />
<br /> "The proposed ordinance, not only ,gives the police the. right tc raid any place where gamb-
<br />ling~is going on, but also where they may suspect it is going on, and for that reason I oppose
<br />it.
<br /> "From my investigatiom,'I doubt whether the Council has the power to enact this ordinance,_
<br />as the limits or boundary lines between what the statute has declared shall be unlawful and law
<br />ful gaming, within the bounds of which gaming is unlawful and out,ids of which it is lawful; and
<br />it is, of course, not to be presumed for a moment that the Legislature intended, after having
<br />fully covered the subject by statute, to authorize a city, which is its creature, to enact an
<br />ordinance, the result of which would be to practically nullify, or even to restrict or enlarge,
<br />the State laws on the subject of gaming, unless such authority is found in unmistakable te~ms
<br />in the charter of such city. The charter contains no authority whatever to declare any gaming
<br />unlawful but only to suppress gaming houses~and therefore any ordinance which goes beyond this
<br />authority would be unauthorized and void. The proposed ordinance being clearly and unquestion-
<br />ably open to this objection.
<br /> "The ordinance before you is entirely too drastic and too sweeping in its application, and
<br />I do not think can be adopted by the Council, and for this reason, in addition to the other rea-
<br />sons above pointed out, I recommend that it be:not adopted.
<br />
<br />"Respectfully submitted,
<br /> "Ellis W. Moore."
<br />
<br /> Mr. Brinson then moved that the recommendation of the majority of the Committee in regard
<br />to theproposed ordinance ~gain~t'~amb~ing, be adopte~.
<br /> Mr. Cooke moved to substitute the minority report therefor.
<br /> After a considerable discussion of the two reports, a vote was taken on the minority ~eport,
<br />and it failed of adoption by the following vote:
<br /> Ayes--~oore~ Ellis W; Reynolds, Cooke,
<br /> Saunders, 4.
<br /> Nays-Hall, Benson, Parrish, Hanvey, Johnson, Leigh, Brinson, Cross, Withy, Tyler,
<br /> Hutchins, Parker~
<br />
<br />Then the majority' report was adopted by the following vote:
<br /> Ayes--Hall, Benson,
<br /> Panfish, Hanvey, Job~eon~ Leigh, Brinson, Cross, Withy, Tyler, E~tohine, Parker,
<br />Nays~Moore, Ellis-W; Reynolgs, Cooke, Saunders, ~.
<br />
<br /> On motion of the Chairman of the Committee', the ordinance, "T~ Amend seotion 3~0 and Repeal
<br />section 326 of the 0rdin~uces," was recommitted, because,oas beggared, said ordinance was re-
<br />ferred to the Street and 0rdinanoes 0ommittees jointly, and it had been considered by the Ordi-
<br />nance Committee only.
<br />
<br /> On motion, the ordinance to regulate the removal of night soil from the Sixth,and Seventh
<br />Wards, was adopted by the following vote:
<br /> Ayes-~Hall, Benson, Parrish, Hanvey, ~oore~
<br /> Johnson, Leigh, Brinson, Cross, Withy, Reynolds, Tyler, Hutchins, Parker, Cooke,
<br /> Saunders, 16.
<br />
<br />Special Committee cn Almshouse--
<br />
<br />Hon. Common Oouncil.
<br />
<br />Gentlemen:-- You~ Special Committee
<br />
<br />~n condition of the Almshouse respectfully reports that they have visited the Almshouse, and
<br />
<br />have found the house, the ground, and ~he inmates in as good condition as circumstances there
<br />
<br />would permit, but much improvemen~ is neededto put the place in first ~class condition.
<br />
<br />However, we would recommend at this time that two small two-ro,m houses~be buil~ one house
<br />
<br />for white male and female, and.one-for colored male and female tuberculosis inmates.
<br />
<br />And it is further recommended that in future inmates of the Almshouse shall be sent there
<br />
<br />by order of the Chairman of the Almshouse Committee only~ or in his absence, theVice-Chairman
<br />of the same, when'requested so to do either by the Mayor, the Health Officer, or the Physician
<br />
<br />to the Poor.
<br />
<br />'~Signed~. L. ~o Brinson,
<br />
<br />Chairman C. C.
<br />
<br />Nhereupon, Mr. Withy moved the following amendment to said report: "It is ~rther recom-
<br />
<br />the Health Officer, or the Physician. to the Poor., Adopted.
<br /> Then the report, as:amended, was adopted.
<br />
<br />-UNFINISHED BUSi~ESS.
<br />
<br /> First. Matters adopted by. the Common Council September 12th~and referred to the Board
<br /> Aldermen for cOncurrence.
<br /> To authorize the Public Property Committee to spend, out of~appro-
<br />~priation to the Jail, tEB. 00for a new'stove for ~s. Nattie Hoofnagle.
<br />
<br /> To instruct the ~btic Property Committ?e
<br />Clerk's office; to ascertain the cos% of moving th~ o g ~n the
<br />when it shall have been bought, and fitting up said building for offices; and
<br />in the old building for a public library,
<br />
<br />for a new
<br />~dP~o~erty,~"
<br />to consider rooms
<br />
<br />
<br />
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