Mobile register and journal., 1845-04-05
For the Repistpr and .Iournnl.l

NJ Essks. EDiToks-ih your ih'Per oil yesterday
| noticed TWO communications upon the subject OF
gaming and immortality, in which the city and county
officers are charged with apathy and neglect Of their
duty relative TO Rnundo Tables, violations of the
Sabbath, &c. ; and the city authorities charged
with assuming the right TO license gaming tables in
the face of the penal code. These grave char
yes and in which every good citizen feels interest
have taken some pains to examine into the facts
in this matter, and think | can satisfy the writer's
in your paper that the city officers have not been
nine or negligent, but that circumstances have arisen
which has much embarrassed their action.
am informed that the Mayor took legal advi ice
upon the subject Of the game complained Of and that
gentlemen of repule ard talent in their profession
were Of OrinIon an indictment would not lay against
the keepers Of these Tables, though probably the
players might be punished under the statutes. The
authorities assumed no power when they imposed the
tax upon these tables. and had they been acquainted
with the character of The name, feel satisfied they
would have avoided the great they fell into
when they taxed ii but fifty dollars, and would
affixed much larger TO be paid b, the table own
Looking upon il game harmless in itself,
and is the same as billiards, they affixed the tax
sessed upon that game.
l cannot see any just ground for charging them
with Indifference, with ''actng without the fear
oil God" II the game is not AN indictahle one, and
such opinions have been expressed by more than one
member Of the bar, then The corporation officers did
right TO demand, in the support of the city the
Let US now see # the charge OF "aowing gross
violations OF the Sabbath, &c. is correctly made
If the officers have endeavOed to suppress disorders
and 10 pre- serve the peace and good order OF the city,
let them have The credit, even though they have failed
for want Of iOnal authority TO check The evils
complained OF. ] he whole number of judgments
rendered by the Mayor since the first Monday IN
December last, period of not quite four months, is
agM hundred and fourteen, (8l4 Certainly this
number exhibits some activity upon the part Of the
corporate authorizes. This number comprises some
which have been taken into the County Court,
and The judgment there reversed under decision Of
His Honor Judge Cuhbert, rendering nugatory the
ordinances OF The city, and lettering her officers most
completely.
I he decision of his Honor is that the act of the
Legislature Incorporating the CITY of Mobile, confers
no power to punish, by fine, any person guilty of an
offence which is indctabIe under the statutes of the
State. Under this decision the Judgments rendered
by the Mayor vs.. Quay Frederick, Peiei y. Brown,
John Parham and Edward M. SmoOt, Tor violat ions
OF the city ordinances, reversed at the cost Of
The city. In the court, to be tried at the next
appeal term, which commences this month, are the
of the city Charles Cuum, w. J. FARES,
J. s. Cohen, Asa Holt, Geo. W. Mettee. Jos. Gle
,nent, Frederick Knobock, Antoine Phillip. for
keeping their public houses open on Sunday. The
city p. Chantron for keeping his Billiard Saloon
open Sunda, S, and the same vs.. John McGonigal,
James II. Woodley, and Nicholas Williams. for vio-
salions respecting the sale Of liquors to slaves.
In all these cases the same defence il made, viz:
Offences il proved being indictabe and punis liable
by the State. The pon, is of great Importance and
the ies legal talent in the city has been engaged in
The argument. The Supreme Court must decide the
principle finally, and it is to be hoped in favor the
CITY, but uuIi this is done it is folly to GIL up The
docket with to be appealed and decided against
the corporation, AS fast as appealed. The game Of
Roundc indctable, il not. If is indetable
the city authorities, under the decision of Judge
Cuihberl, have no authority to fine. fit is not in
h,..
and The ordinance affixing penalty is 4 nuIly be-
cause the city cannot pass laws prohibiting those
things, which are allowed by the State. II cannot
contravene the laws of the State.
have written thus much TO inform the residents
Of our city. what has been and is being done
ward the suppression Of the evils complained Of SO
oudly and 10 disabuse The minds OF many of the err
roneous impressions entertained by them. ] think
have done 70, let them defer their until The
court, competent decide, have laid down the law.
then If the guardians Of the city neg gent and al
low people 10 violate law with mpuniy,liurn them
our. One pho neper played game Of Roundo.