The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1856-08-23
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Not having been personai-
ly interested in the operations of an exist
ing City Ordinance, having for is object
the regulation OF the sale oil meats and veg
etables in this place, had never become
acquainted with its various PROVISIONS unn'
suit was brought against Mr.. Kent VINO
wac charged with its violation IN seihhg
vegetables in such time and piacssss IS
therein prohibited. ;,
This suit, according to the oft-repea'eo
declarations OF counsel engaged IN couane'-
inc /, on both sides, was instituted Tor the
sole purpose OF testing in the higher courts
in the State the validity ofsa,d ordinance
and this position must have commended it
selfio the judgment OF every individual
who was in attendance on the trial.
Blu, was it msintsined We shall see.
1t is fair TO suppose, from the acknowiedg-
ed ability Of advocates on both sides. that
all the merits of this question were fully
and iorcibly drawn out and exhibited; in
fac, they frequently expressed desire to
arrange the case so as to be able 10 secure
decision in the higher courts which
should be passed on its true merits,
During the progress OF the trial proPo-
sition was submitted by the counsel for de-
fence. Mr.. Campbell, dictsted ! have nc
doubt hv the honorable pretensions OF the
prosecuting attorney, in which he agreed
to submit the case to the Court, provided
tina, no further proceedings should be inst'
tuted against Mr., Kent until the Supreme
Court should decide the case" Judging, Q
course. from the decisions already hayi ne
been aaade in Abe case. thatll Y9sisa aes1os
although apparently received by the prose
cutting officer with favor, was, after consul
tation with the Court and another or other
whose absence required the officer TO leave
the courtroom for time, daily rejected
and the case was submittel to jury of si'
men, all Of whom had declared on oath thai
hey knew Of nothing which would prevent
them from rendering an impartial verdict.
They retired, and after an absence of a
very few minutes, returned a verdict Of
I"Not Guilty. thus asquiting Mr.. Kent
from the charge Of crime under which he
had been held. The verdict was received
by .out siders" with mantle est appreciation
indeed from what | have heard OF this sub.
ject Judge that there are not fifty men IN
this whole town. excepting those who may
be pecuniarily interestedin the perpetuity
of the present market system, who do moi
rejoice al the decision, regarding il as they
do, after thorough and impartial invest
CATION, IS a settlement of the question:
It's true the way is open for future CON.
plants and prosecutions, if officers, disre-
/ gsrding the dictates OF reason, honor and
consistency, forgetting that the people re,
gard the decision jus, made as fair and just
sre determined to avail themselves Of the
strict letter OF Laws and Ordinances, even
/ though ihes may be unconstitutional ana
oppressive, and ia their operations come in
/ conflict with The interests and comfort o.
those from whom these very officers have
derived their authority 10 act.
Icsnnot, however, persuade myself tha
scourse SO entirely 10 opposition TO the in
/ lerests and desires OF almost the entire pop
ulation of our town, will be taken, for if :
sacrifice must be made 1t seems to me bet
ter that il fall where it in justice should,ra
tner than that the labosiag man should be
subjected to an incons enience and positive
evil merely % crafty the desires Of few
individuals 10 control this matter and 50 d.
rect il as to make ii contribute to their pro.
tit, a, the expense OF the people.
| An OBSERVER,
Davenport, Aug. ~, 1856.