The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-01-22

1
charged with keeping open their houses, where
ardent spirit are sold, after 10 clock at night,
in violation OF IN ordinance Of the city.
powerful array OF counsel was in Attendance,
among whom were General Henry A. Wise
and others conspicuous in the legal profession
The proceedings were opened by d. II. Berry,
Esq. who requested theMayor TO first call the
case In which he appeared as counsel and the
case against Hill s Krebbs, charged with keep
ing open their house, known as 1.-THE CITY,
on Broad street, after 10 o'clock on the night
OF the 18th Of January, was accordingly called
Policeman Orange testified that he entered the
house on the night mentioned, about IL o clock
by showing open 4 side door. and that he saw
several men in there. He directed the house
10 be shut up, as they were violating an crdi-
nance OF the city, and was informed by the
bar keeper (Mr Tyrer) that the house was
already shut up. krebbs had since told wit
ness that he paid for his license, and intended
10 keep his house open as long as he pleased
Thomas Tyrer having been sent for, made
statement to the effect that he had no recollec-
tion OF seeing Orange or any other policeman
there on the night of the 18th ofJanuary. There
WAS one at the house few nights previous 10
the time mentioned. The doors OF the bar
room were closed, and only side door, COM
municating with the bowling saloon, was left
open
The Mayor TO witness) Was liquor sold IN
the house after 10 O. clock on the night Of Satur-
dav, the 18Th?
Witness That is something which must be
proved. am interested in that house, and -
qucstion-yes or no..
Witness (hesitatinsly).- Yes, there was
liquor sold there.
No other testimony being offered, Mr.. Berry
proceeded 10 argue the case, taking the ground
that the ordinance under consideration was
unconstitutional that the Council had
exceeded its powers in passing IL but that ii
was originally passed III 1851 asia war measure;
then necessary perhaps, 10 preserve the u!s-
cipline of the army Nothing Of the kind, he
contended, was necessary III time OF peace,
nor was such n measure known TO exist many
other city. The language of the ordinance did
not require the keepers OF restaurants 10 close
their houses at 10 O'Clock, butmerely the bars
and in this case he conteuded that il had been
proved that the law had been complied with.
Mr.. Berry proceeded TO argue 1T some length
and with ability that the ordinance in question
was repugnant 10 the statute law on the sub
ject
Mr.. Wise tof the law firm of Danner Wise
then made an argument 10 the Court, in which
he discussed the legality Of the ordinance.
Such legislat tiou, he maintained, had always
been pernicious in its effects wherever and
whenever enforced.
General Henry a Wise next took the floor,
and III commencing his remarks, alluded with
feeling 10 the embarrassment OF his position.
Ever since his arms were stricken down IN
April last he had been Il wanderer IN this city;
he did not know that he could be called
n sojourner even. He had taken no oaths nor
sought any pardon but hoped he would not be
considered presumptuonS in obeyiHe the first
mandate Of nature, to labor for his living, and
he would speak if he died. lie had appeared
before this tribunal 10 know if there was Not
enough liberty lefe in he land 10 give n
stronger claim than ever 10 our rights After
dwelling with force upon THIS point, he pro-
Ceeded 10 speak Of the liquor business, and said
that John BarleycOrn was free man-thathe
shook hands with and embraced the brightest
and stateliest in the land-Causing men, and
even women, TO stagser under his influence
Until about II O'Clock that day he had never
ID. iy91-N
He had however, read the able arguments OF
Colonel August, Mr.. Johnson, and others, upon
the subject, and 10 his mind they were per-
fectly satisfactory. A desire TO appear
native State was the chief attraction that
drew him hither. The Mayor, he said,
had no right to make laws but merely 10 put
them in execution, and that the Council had
no power 10 enact laws rcpuGnant 10 those OF
The State. III an experience of toT.F years he
had never seen an ordinance more loosely
drawn than this he had been studying 1t ever
since he came into court, and this was the only
conclusion ne could arrive at. It's object was
apparently to prevent the drinking, selling or
giving away OF liquor after 10 o'clock at night
but there was not single word IN the ordl-
nance forbidding This 10 be done. II the dooT
Of n bar twas closed, the requirements OF the
ordinance were met; bar-keeper might n
take q few bottles into another room and tire
sell the liquor. There was nothing in the Ian
guage of the ordinance TO prevent 1t. 1t had
been passed 10 prohibit crime, bNt the crime
itself had not been touched-merely the locus
in quo where il was perpetrated. 1t was,
therefore, mere brutnn Ju!IRen. The speaker
said that he was At present living in Manches-
ter, and he thought ii highly probable that
some cold night, before crossing Mayo's bridge,
he might tap at the door OF the Mayor himself,
and he very much mistOok his hospitality II he
did not offer him drink Of brandy
The Mayor said he would be very happy 10
see him.
General Wise went on to say that the night
neng cold, the dccanter would be set out
Would not the Mayor then render himself liable
10 prosecution for violation OF the ordinance
But this having been so loosely framed as 10
have forgotten the very purpose for which II
was enacted, the omission was fatal 10 II.
Even had il been framed with all care anu
exactness, he claimed that it was inconsistent
with the State law on the subject. In pro-
ceeding with his remarks, General Wise dre"
some Illustrations from the city charter, snow
ing that the powers which II conferred upon
the Council were 10 make bylaws, ordinances
and regulations for the government or the
, city. He put the case 10 his Honor suppose
that this ordinance had been made 10 apply 10
the Theatre instead OF 10 bar. rooms. Inc
Theatre had paid its license, and was conduct
ing legal business, though he thought that
quite as much vice was engendered there as IN
n bar-rOom. He challenged the Court 10 declde,
in this event, that sucn an establishment
could be closed up at or 10 o'clock At night.
, The charter no more allowed the passage OF
an ordinance closing up bar-rooms than the
Theatre Capital was scarce, and men must
do something for q living. His heart was
almost daily wrung by the spectacle OF brave
Confederate soldiers, who Z. no trade, Yamly
seeking employment. Sh, the gallant sol
dier who had lost An { }. The service, De
prohibited from selling q uram when IL was
next to impossible for him 10 do anything eiseF
Neither the Legislature nor any other organ
lied body in the State had any right TO say
when n man should work, or how; nor had
any such bodies the right TO take six OF elgnt
hours from any mans time, out OF the twenty
four The Council might as well undertake
10 control the hammer of the carpenter rs the
business of the bar keeper. Time was now 100
valuable TO be taken from any man lie
thought there were too many bar-rooms; out
| if any disorder originated in them the ponce
had the power 10 quell it. lie would pay lhe
polce the compliment OF saying that Ihey
were very efficient, and they had the whole
matter under surveillance.
The General continued his remaks at con :
siderable length, saying, rs he passed on, lhtL
If he had been obliged 10 take an oath LOT tne
privilege of appearing in this case ne shoulo
al once have taken up his hat ana let the
court room lie was listened 10 with much
attention by the large crowd present
some brief inquiries were subsequently pro,
pounded 10 the Court by Colonel August and
Mr. banner after which, the Mayor SAID tHat
he should not decide Il question possessihs tne i