08/09/1937 Meeting - Laserfiche WebLink

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"... 626 ~ -- -- "-" ,- "-..,-_. ~- ~ -- - -- -.- - - .- ___~'_ n___ .__ _ _. _~ ~ - -, - - --- - - ' _.- - ~-- - - Higginbotham. A petition signed by Harry H. Johnson, president of the Executive Co - mittee of the United Workers' League, was likewise presented, asking for repeal of ~ the city ordinance licensing pin and ball machines and devi<~es of a similar nature. I Mayor Large called for a discussion. Mr. Hanns believed th!t it was not right to (' '" '-J cancel the licenses at the present time because they were taken out in good faith a:. and should be continued until the expiration of the third ~larter. Harry Johnson stated that if the council could see fit to cancel said licenses, that it would be of great assistance to the District Attorney to take his action. City Attorney S. M. Calkins gave the following summary: In 1935, the State Legislature passed a ~ law which allowed the governments of ~he cities to license these machines. Then, il in the year 1936, the Supreme Court of the State of Oregon deemed darto games to be l lotteries; therefore they could not be licensed and were therefore banned from I operation. In 1937 the State Legi~lature passed two acts condemning pin and ball j games and devices of a like nature; however, before the measure became effective, I they were referended, which leaves the 1935 act in effect. Circuit Judge Crawford rendered pin and ball games lotteries.' This being in the Circuit Court does not invalidate the 1935 act throughout the State. It is only the Supreme Court that ca do this. Therefore the Council is acting within the State Law passed in 1935. Councilman Carlson asked Mr. Calkins if under the 1935 act, the council could pro- hibit these games. The City Attorney replied that the city could keep these machin s out. Councilman Lamb asked if the city could keep fees if the city decided to . abandon them at the present time. The City Recorder stated that the licensing was '. - I from quarter to quarter and in the event they were declared unconstitutional, the operators were running their own risk. Mayor Large stated that if the council shou d I now cancel the license, the fees should be returned by reaeon of the fact that the operators were only taking a chance by the Supreme Court declaring them uncon'sti tu.. tional and not the council. Mr. Hanns agreed with Mayor Le,rge's statement. All coun~ilmen felt that if any steps are taken at all to ban the operation of the j machines, it should be done at the expiration of the third quarter ending September 30, 1937. Upon motion of Farrington and seconded by Lamb, the question was held 5 until that date. v1 Clarence Simon on behalf of Councilman Page, atlsent from this meeting, stated that the condition existing at 5th and Monroe would be attended to by the 6 I Park Board. I I The question of the fire hazard existing around Hendricks Park was I r raised. Fire Chief Nusbaum reported that the Park Board wanted three hydrants in I the parle. In his opinion one hydrant on the high 1 ine wou:,d be useless, the other two could be serviceable and a third could be placed where usable - one prObably I would extend outside of the city limits. At this time the Recorder presented re- I port concerning the charges for hydrant service as follows:: At the present time I the city of EUlene was being billed for 297 hydrants at th(3 rate of $1.50 per month or a total of '445.50; for 9 stubs whi ch are main ends at '(5 cents per month which ,I is a total of $6.75; then a flat charge for the same of $3G2.00 per month, making I: a total of $814.25 less special discount of 25% making it l~6l0.69 for fire pro- . II tection service. Mr. Nusbaum wanted to know if the Park Board was to pay for the hydrants. Clarence Simon stated that he fel t that old hydr'ants could be used and 7 !I in that way relieve the situation. The matter was held fo~ another two weeks. ~ ;1 I: The Judiciary Committee asked fOr another two weeks time in which to 'I 'I /8 ! determine the case of Mrs. Etta Finnerty. This was granted. The request of Frank L. Barber for release of assessment on the east 92 feet .of Lot 4, Block 26, First Addition Chula Vista Park, was denied by the 191' Judiciary Committee. This action was unanimously approved. . Mr. Hendershott pointed out that the city owns the property at 207 Washington Street for which a rental price of $7.50 is paid in to the city by the Lane County Relief Association. He stated that the place is badly in need of re- shingling and the front porch floor in need of repatching~t a total cost of $140.8 . I He recommended that the city have this repair work done and increase the monthly rental from $7.50 to $10.00. Upon motion made and seconde~, the recommendation 10 I was duly approved. / Councilman Hendershott, chairman of the Finance Committee, recommended that unless a cash payment of $18l~05 is made for Lot 4, Block 21, First Addition 11 to City Vutlook by John Hakanson, he must be ordered to vacate the premises at once. I It was reve~led that on June 14,1937, Mr. Hakanson was given the privilege of ac- I qufring the property if he would pay $150.DO at the rate of $25.00 down and $10.00 per month. This offer was not accepted. The recommendation of the Committee was I unanimously approved. The ,$150~OO offer of Flora A. Willcox for Lot 8, Mathews' Park Additio except the west 51 feet and except the North 212.2 feet of the East 114 feet, on cash basis, was denied by the council and a counter-offer of $330.00 extended. This 12 was approved by the council. / I II . ~~