The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-08-06

at 2 o'clock yesterday afternoon, pursu'
ant 10 adjournment The only business
transacted was the following:
William Adamson, appellee, %. John
7. Peerce, It al. appellants, from Preston
county dismissed on motion Of appellee.
Lewis F. Watts, plaintiff in error, ca.
State Of West Virginia, deGendantin er.
ror, IRON Monroe county-opinion BY
MooRE, ]. reversing the judgment ofithe
Court below and cause remanded for fur.
ther proceedings. -g
Harrison Manley, assignee, appellant,
%. Jacob Brumsge, appellee-ffom Mar.
ion eounty-opinion, by BERKSHIRE, ].
affirming the decree Of the Court below.
G. L. Hurst, plaintiff in error, Us, State
OF West Virginia, defendant in error
from Harrison connty-oplnion by BERE.
SHIRE, ]. affirming the Judgment otothe
Court below. Civ
James W. Cox, appellant, o.. ]. D, Cox
and George W. Caldwell, appellees-from
Brooke county-opinion by MOORE, ].
affirming the judgment Of the Court
below. gsrs a...--
John Hudson, Ct al. appellants, Is
James Putney, ct al. application
KanawhA couuty-opinlon by BERK.
SHIRE, ]. affirming the judgment of the
Court below
(The following cases having excited
more than ordinary interest, we publish
the opinions in full. Both were delivered
by Judge Maxwell)
Geo. W. Eckhardt, pl'f in error, J
%.
State of West Virginia, deft in error.
Eckhsrdt was indicted in the Circuit
Court Of Ohio county for selling and
furnishing, In the city Of Wheeling, spi.
rituous liquors, wine, porter, ale and beer,
and drinks Of like nature, to q certain
person on Sunday, the said Eckhardt at
the time Of the alleged selling and furnish.
ing having q license as required, and hay
Ing executed the bond required by the
18th section OF chapter 90 Of the Code,
conditioning among other things that he
would, not sell or furnish such drink 10
any person on Sunday.
There was q demurrer to the indict-
ment, which was oyerruled, and judg.
ment rendered against the defendant
below.
1t Is insisted here that the judgment Is
erroneous because the grand jury had no
Jurisdiction to find the indictment, and
because the court had no Jurisdiction TO
hear and determine the case.
The ground upon which II isl claimed
that the Circuit Court has no Jurisdiction
in the case, is the act OF the Legislature,
passed February 81, 1871, entitled an
"Act comforting Jurisdiction on the mu.
nicipal court of the city Of Wheeling in
civil and criminal cases, for the violation
Of the license law"
The first section OF this act invests the
said municipal court with sole iurisdic.
ton to hear and determine all complaints
concerning the violation Of any law re-
spectiDg licenses for the sale Of spirituous
liquors, ale, beer, porter and other intoxi-
SaunS uAlAh1I SAahVSa m! VI. 'uS WI POA
ate limits Of the city Of Wheeling.
The second section provides that the
said court shall also have sole jurisdiction
to try and determine all actions upon
bonds Tor the violation Of any license
granted for the sale Of spirituous liquors
and other intoxicating drinks, granted in
the corporate limits oil SAID city.
The third section provides the mode oil
proceeding, and directs the said Municipal
Court or the Judge thereof, IN vacation to
issue his warrant 10 bring any person &C.
cuSed Of selling spirltuous liquors IN the
city OF wheeling, IN violation oil his i.
cense, before the next term OF the said
Court to be tried, and II found guilty, the
penalty provided by law TO be imposed on
him.
Ii the Municipal Court has sole Jurisdic.
ton OF this case, 1t necessarily follows that
the Circuit Court had no Jurisdiction.
It Is maintained that the act giving sole
Jurisdiction to the Municipal Court is un.
constitutional, and therefore null and void.
The attorneys for the accused insist that
the acts constitutional, while the Attor-
ney General insists that it is unconstitu'
tional.
The fourth Section Of the \! article oil
the Constitution provides that laws may
be passed regulating or prohibiting the
sale OF Intoxicating liquors within the lin
its Of this state. .ssIa J
Chapter 80 OF the Code, passed in sup.
posed conformity to this provision, OF the
Constitution, authorizes the sale Of lntox-
icating liquors upon license under certain
speclhed circumstances, and prohibits
such sales, even upon license, to certain
persons at any time, and prohibits such
sales 10 any person on Sunday:
This IS a prosecution as before stated
for selling and furnishing intoxicating Il:
quors IN violation Of section twelve OF said
chapter. Inc otiense is declared a mis-.
demeanor, and the penalty imposed on
CONVECTION Is nne OF NOT less than ten
nor more than one hundred -dollars:
Inc hrst section Of the BIZ oil Rights
provides that no person small DC held to