Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-28

lurdlly Il IL produce and must have pro-
duoeF. Il must be apparent that Ihs man who has
expended upon the original commodity the necas.
sary labor 10 change in form aud place. IL the pro-
ducer Of beef or mutton. With this view / can
have no hesitation In saying, that tho defendant
was tue producer OF the mutton hu was vending nt
the time Ot his arrest The Council In the section
OF tho ord dnance above given, has introduced the
Wor +, "0t has Ol0H producing" not Ound in the
statute. II Il was intended by this 10 define aud
restrict the word producer from its ordinary sig
! Indication, II wound be void. Il was decided in
| May ps. the City OF Cincinnati, list Ohio State
| Reports) where thv Council attempted 10 define
! tue word hHekster, that II WIS not part OF the
franchises OF municipal Corporations u change the
meanihg OF Euglish words
The second proposition Is, the defendant being
producer, had he right 10 occupythe street for
thu purpose Of vending his pTodueel The inlen-
ton OF the Legislature Is manifest nom the act
above given. by making Il lbe duty ofthe Coua
Gil To establish market grounds. places, &c t was
Intended that the Council should have Police pow
ers TO make regulations, TO enforce them, aud to
impose summary punishment for violations. All
the duties and powers OF the Council are specific
atty enumerated. But the right TO farmers and
producers, during market hours, TO sell iu any
street or streets, or market spaces, IS expressly
provided Tor, and power To legslate this hight
away has not been granted. Itis claimed that this
right TO stll In any VI the streets extends only TO
tie time while they pa sing through The streets
The ordinance has incorporated 10 il the words or
otherwise occupy any public street. &C.. not found
n this act OF the Legislature Il will be seen tnat
in the various acts OF the Legislature where the
powers Of Councils over the highways are specific.
ally set forth. that the power 20 prohibit the Occu-
parton Is not expressed The act passed March
18th, 1859, amenlaiOry TO that Of May Sd, 1852,
says-"The City Council shall have the care super
vision and control Of all public highways, bridges,
streets, alleys, public squares and commons, with.
In the city, aud shall cause the same TO be kept
open and in repair, and free from nuisances"-
The word occupy" as introduced 10 the ordinance
Is not authorized il il Is Intended 10 mean auy oc
cupation short Of such an obstruction as would
prevent the street being kept open" Such an
occupation would amount to nuisance. From
the statement Of facts submitted 10 this case i cam
nut take tor granted what is not alleged, that the
dJlendsnts occupation prevented the street being
Kept open aud amounted to a nuisance. / am to
presume, If anything can be presumed, that such
was the fact Entertaining these views, and arri
wing Of such conclusions, am Of opinion that the
defendant shOuld be discharged. VOL
Il was asked by the council for the defendant
that the Court in this opinion should 60 beyond the
present case and give opinions as to other states o
fact, not Involved In this case THIS must be de
olined. Such opinions IN advance of cases which
may arise could have no binding effect, aud should
not be entitled 10 respect. The duty Of Courts is
well understood TO be Jus deere and not jus dare,
to declare the law and not TO make the law.
ARREST OF SHoP-LRTERs.-Yester after
noon three women, or rather girlF, named Mary
Peterson, Mary Taylor and Elizabeth TiebOld,
were arrested for shOp>lfting and lodged in the
West Side statiOnshOuse. They have done quite
heavy business in the line Of dress goods, shaWls,
fars, &c. The specific charge upon which they
will be Rrragned, is of stealing three victOrineR
from Benton's fur store. One of these is of stone
martin and valued at SS5, another at s12 and the
other at s.. These Wero stolen few days ago.
Two of them were OF BentOn's looking at the furs
and as they went out they dropped two capes
which they had secretsd about their dresses, This
was taken to be an accident and not as an attempt
to steal the goods. Subsequently however, cape
was missed, and those found at the rooms of these
girls were identified at BentOn's In their trunks
were found large quantity of miscellaneous dry
goods, part of which they had stolen from Lew
is on Detroit street. A part of these goods are at
the station house, One of the girls was in bed
when the officers went to the house and pretended
to be asleep, but as soon as they turned their at
tention to her trunks and found the stolen goods,
she woke up and berated them sOundly for their
inv aiding her apartments. Neither entrsates nor
sneers disturbed the officers and the girls we're
locked up. aE.-a-
PoLICE CoURT-JUDGE LAwRENcE.- Lewis |
was arraigned for intOxieatiOn |
snd demurred to being fouud guilty, which did not,
however, avail with the officers. He was was fined |
S5 and costs ..s
Alice Trainor WAS taken with Lewis. Alice is |
ong enough to make a capital pedestrian traiHer |