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BEVERAGE APPLICATION New Oasis Cafe SLOT MACHINE APPL'N. Charleston Grocery APPLICATIONS M. E. LEAVITT-status Commissioner Corradetti moved that the application of James J. Adras of the New Oasis Cafe at 123 E. Fremont for retail restaurant beverage license be granted. Motion seconded by Commissioner Bates and carried by the following vote: Commissioners Bates, Corradetti and His Honor Mayor Pro Tem A. F. Smith Sr. voting aye; noes, none. Absent: Commissioner Clark and Mayor E. W. Cragin. Commissioner Corradetti moved that the application of A. R. Stowell of Charleston Grocery at Charleston and A Streets for one slot machine be granted. Motion seconded by Commissioner Bates and carried by the following vote: Commissioners Bates, Corradetti and His Honor Mayor Pro Tem A. F. Smith Sr. voting aye; noes, none. Absent: Commissioner Clark and Mayor E. W. Cragin. Commissioner Bates moved that any new applications for gambling or liquor licenses will be held over until such time as a full Board can pass on them. Motion seconded by Commissioner Corradetti and carried by the following vote: Commissioners Bates, Corradetti and His Honor Mayor Pro Tem A. F. Smith Sr. voting aye; noes, none. Absent, Commissioner Clark and Mayor E. W. Cragin. Commissioner Bates moved that no action be taken upon M. E. Leavitt's status until such time as a full Board can meet. Motion seconded by Commissioner Corradetti and carried by the following vote: Commissioners Bates, Corradetti and His Honor Mayor Pro Tem A. F. Smith Sr. voting aye; noes none. Absent, Commissioner Clark and Mayor E. W. Cragin. Commissioner Bates moved that M. E. Leavitt be retained after the first of the year as Street Foreman in that capacity and if any other changes in regard to his position as County Commissioner, that it take its legal course. Motion seconded by Commissioner Corradetti and carried by the following vote: Commissioners Bates, Corradetti voting aye; voting no, His Honor Mayor Pro Tem A. F. Smith Sr. Absent: Commissioner Clark and Mayor E. W. Cragin. Commissioner Bates moved that his previous motion be rescinded. Motion seconded by Commissioner Corradetti and carried by the following vote: Commissioners Bates and Corradetti and His Honor Mayor Pro Tem A. F. Smith Sr. voting aye; noes, none. Absent: Commissioner Clark and Mayor E. W. Cragin. The following is inserted in the minutes at the request of His Honor Mayor Pro Tem, A. F. Smith, Sr.: Opinion of City Attorney "Legally I think he can. Practically, no. We have the same condition in about four places in the City Charter where the Charter mentions merely the Board of Commissioners and the Mayor. The reason I say it does not apply to Mr. Leavitt’s case is that the City Charter refers to the Mayor and the Commissioners because they are the governing body of the organization and because they have the right to use discretion in granting contracts and making purchases and in using discretion in payment, whereas an ordinary employee of the City does not have the authority. This I make in view of our City Charter alone. I haven’t made a study of the State Statutes on this. I presume that possibly there is some restriction as far as County Commissioners are concerned, wherein it is prohibited that a county employee hold office with the City Commission or any other public body."