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03/11/1935485 and paving of Lee Street might be com.piet in the near future. ADJOURNMENT: The motion was made by Alderman Bishop and seconded by Meinshausen to adjourn to Monday, March 11,1935 at 8:00 P M. The motion was voted upon by acclamation, whereupon the Mayor de- clared the motion carried and the Council adjourned to March 11, 1935 at 8:00 P.M. ICH City Clerk MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES HELD IN THE COUNCIL CHAMBERS ON THE 11th DAY OF MARCH,A.D.1935 AT THE HOUR OF 8:00 2.M. GALL TO ORDER: The meeting was called to order by Mayor George .Kinder, presiding. The roll was called by the Clerk with Aldermen Ahbe, Carroll, Pflughaupt, Fulle, Frederick, Neal, Schwanbeck and Meinshausen responding thereto. Aldermen Hu mann and Bishop reported for the meeting shortly after the roll call. CIVIL SERVICE ELECTION: The motion was made by Alderman Frederick and seconded by Neal to authorize the Mayor to appoint a canvassing board of three members, and that said canvassing board proceed to canvass the returns of the Special "Civil Service" Election held Friday, March 8th,1935. The Mayor put the question and the motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. Mayor Kinder then appointed Aldermen Pflughaupt, Carroll and Ahbe to serve as said canvassing board. After some time Alderman Pflughaupt,of the board appointed to canvass the returns of the Special "Civil Service" Election held March 8th,1935, submitted the following report: To the Hon.Mayor and City Council of the City of Des Plaines Gentlemen: We, your canvassing board appointed to make a canvass of the returns of the Special election held for the purpose of -voting upon the proposition of adopting the provisions of an act to provide for the appointment of a board of fire and police commissioners, do hereby certify that the following is a true and correct tabulation of the votes in the said Special Election: 4.86 T AB UL A T ION WARD PRECINCT FOR AGAINST SPOILED TOTAL 1st 1st 186 90 11 287 2nd 43 15 3 61 2nd 23.1 140 9 380 3rd 162 33. 4 199 4th 112 100 3 215 5th 1st 135 92 1 228 2nd 64 b8 J. 1.21 933 b28 32 1493 Respectfully submitted, G.Walter Pflughaupt Canvassing noba.rt Ahbe Board James J.Carroll,Jr. The Clerk then read the following proposed resolution: RESOLUTION D;CLARING THE RE SUET OF A SPECIAL ELECTION. HELD March 8th,1935. WHEREAS, a Special election was duly called and held in the City of Des Plaines on March 8,1935 to vote on the proposition of adopting the provision of "An act to provide for the appointment of a board of_fire and police commissioners"; and WHEREAS, the ballots cast at said election were duly returned to the City Clerk and duly canvassed by this City Council; and WHEREAS, it is found that there were 933 votes cast in favor of said proposition and 528 votes cast against said proposition. THEREFORE BE IT RESOLVED by the City Council of the City of Des Plaines that the provisions of an Act entitled "An Act to provide for the appointment of a board of fire and police. Commissioners in all cities and incorporated towns of this State having a population of not less than 7,000 nor more than 200,000 and pres- cribing the powers and duties of such board, approved April 2,1903, "as amended, be and is hereby declared adopted for and on behalf of the City of Des Plaines, Cook County, Illinois. The motion was made by Alderman Fulle and seconded by Pflughaupt that this proposed resolution be adopted as read. The Mayor put the question, and the roll was called by the Clerk with the following result: Ayes; Aldermen Ahbe, Carroll, Pflughaupt, Fulle, Bishop, Frederick,i'eal, Schwanbeck and Meinshausen. Nays; None. (4 1derman liuxmann was absent during this roll call). The Mayor thereupon declared the motion carried and the resolution passed and adopted. 487 PETITION REGARDING CONTRACEPTIVES: The Clerk then read the following petition: March 4 193b TO 'WHOM IT 'MAY CONCERN: The, undersigned respectfully pray that tie Honorable Mayor George W'.jinder of Des rlaines,i11inois enact an Ordinance for the purpose of confining the sale of prophylactic goods for the prevention of contagious diseases to legitimate drug store channels and to prohibit under penalty of fine and imprisionment their distribution and sale through other channels than those of licensed drug stores and lawfully practising physicians. In support of this Petition we refer to the notorious fact that these goods are widely distributed through many improper channels such as gasoline service stations, cigar stores, pool rooms, barber shops and even by peddlers who do not hesitate to empty childred as sub -agents or solicitors of business. In support of the policy of strictly confining the sale of these goods to licensed or legitimate drug stores and lawfully practicing physicians, it may be pointed out that druggists are responsible persons having permanent places of business and licensed for the proper conduct of their stores and that it is well known that druggists do not solicit anyone to purchase these goods. and do not sell them to minors or the like. The unlicensed or bootleg trade usually deals pith surreptitious producers whose goods are not inspected or made according to careful standards. The distribution of unins ected and often defective and cheaply priced goods by peddlers and other unlicensed distributors naturally tends toward the gross discrimination of the business and to the improper soliciting and exploiting of the general public, including minors. Prairie -Lee Pharmacy Men ch Pha rma cy, I nc . Frediund Drug Co Respectfully submitted, Albert W.Rieker A.E.Muench W.E.Fredlund 722 Lee St 718 Center St 1468 Minor St. and then continued by reading the following proposed ordi- nance for -first reading: ORDINANCE Ordinance to Regulate the -Distribution and sale of Contraceptives within the City of Des Plaines. I.he people of the City of Des Plaines do ordain: Section 1. It shall hereafter be unlawful for any person, firm, corporation or association, to vend, sell or distribute, at retail or to the public, in any manner vihatsoevt:r any article, drug or medicinal preparation primarilymanufactured, produced, or intended for use as, or which may be used as, a contraceptive, vdthin the City of Des Plaines, except regularly licensed practitioners of medicine, in their practice, and/or in drug stores employing a registered pharmacist. It shall be unlawful to vend, sell or distribute any such articles, drugs or medicines on the streets, or elsewhere, within the City of Des Plaines, by means of machines, or by peddling can- vassing or soliciting from house to house, or otherwise except as hereinbefore provided. 488 Section 2. Any person, whether principal or agent, who violates the terms of this ordinance, or who has in his possession or on his premises, any vending or slot machine or the like containing contraceptives shall be punished by a fine not to exceed One Hundr::c:. �:'100.00) Dollars, or by imprisionment in the City gall:, in the City of Des Plaines , for a period not exceeding Six (6) months, or by such fine and imprisonment, -and each such person, firm, corporation, society, association or organization, not being a pharacist duly registered under the laws of the State of Illinois, or regularly in the employ of a drug store having regularly and duly connected therewith, a pharmcist under the laws of the State of Illinois, shall be deemed guilty of a separate offense for each such day during which any vending or slot machine containing contraceptives shall be maintained in his or its possession or on his or its premises. In cases of sales by machines, the owner of the machine, as well as the owner and occupier of the premises where the machine is located, shall be deemed a violater hereof. The motion was made by Alderman Meinshausen and seconded by Neal to ref er this proposed ordinance to Kenneth Meyer, City Attorney, for report at the next regular meeting of the Council. The motion was voted upon by acclamation, whereupon the Mayor declared the motion carried. 1935 APPROPRIATION ORDINANCE: The Council then proceeded to discuss the proposed 1935 Appropriation Ordinance, discussing each item. The motion wasrnmade by Alderman Ahbe and seconded .by Schwanbeck to eliminate an item from. the Police Department appropriation identified as "Expense of Automobile of Captain of Police - 480.00"'. The Mayor put the question, and the roll Was called by the Clerk with the following result: Ayes; Aldermen Ahbe,.Carroll and Schwanbeck. Nays; Aldermen Pflug- haupt, Fulle, Huxmann, Bishop, Frederick, Neal,: w iubt c$ and Meinshausen. The Mayor thereupon declared the motion defeated. ADJOURNMENT: The motion was made by Alderman Frederick and seconded by Meinshausen to adjourn. The motion was voted upon by acclamation, r -..on the Mayor declared the motion carried and the Co•ncAlr re a y djourned.