| Show THE FRANKLIN AV AVENUE AFFAIR THE action of the city council in revoking the license granted to the franklin avenue show house people to sell liquor has baa been declared by judge anderson to be invalid his opinion will be found in our last issue of this paper it is possible that the council in its haste to suppress a public evil and to exercise its chartered powers to promote the prosperity improve the morals peace good order comfort and convenience of the city and the inhabitants thereof was a little hasty in its method of proceeding the mistake was made in the 11 first rot place by granting th the e license at all when it was very well understood what would be the consequence after the license was issued and the money received the holder bolder of the license acquired certain rights of which he could not be deprived without due process of law in gevok ing the license the council aimed at doing right and meant to suppress a wrong its ite action was approved by the public without inquiry as to the legality of its ite method metho sand the general sentiment will be one of regret that the course of the council has not been sustained by judicial action As to the powers of the council in this case examination of the charter shows shown that it may make ordinances for the punishment of persons who violate the provisions and terms of a license but the revoking of a license to is a different thing the holder of a license could be sued on his hia bond for not complying with the terms and under the charter the show house where the liquor was sold could be closed by the revoking of its license licen be under the provisions of article pour par 37 which gives power to th the e city council to license tax and regulate the keeping of ordinaries theatrical and other exhibitions shows amusements etc and to revoke such license at pleasure plea oure ll 11 the objections to the franklin avenue concern have been that com muni cation was opened from the liquor department into the show department part ment that lewd females were employed to dispense liquor to the p people eople in the show house that seani intoci batted persons were robbed that extortion was practiced and that lascivious conduct was promoted the therea 11 of which was in violation of the ordinances I 1 of morality of good order and of public policy and the decent people of this city looked to the council to suppress the nuisance if the method adopted is not legal some other means should be resorted to if the concern to is started up again it is asserted that a suit for damages the city is to be commenced b the abe proprietor of the liquor selling department dar of the avenue house we think it doubtful that damages will be bussed seed against the city in such one case by any decent jury on the other h haud i ud there is the action that can be tal latency en by the city against the liquor aeller seller both bothin in civil and criminal lanfor violation of the ordinances and the I 1 terms of his bia license judge andersons Anderaon 8 decision may be in conformity with law and a strict construction of the chartered powers of the city but public policy requires the suppression of such places as his decision encourages and we hope the council will see lee its way to proceed for the accomplishment of the necessary object on more solid and tenable ground |
