, 1873-05-24
THE Il O'CLOCK ORDINANCE,
Grounds Upon Which Chaplin 4 Goro VIII
r. Contest It's Legality.
Points from Their Bill in chancery Applying for
an Injunction Restraining tho Police
from Enforcing tho Ordinance.

carry tho war into Africa. With that intention
thoy have prepared a bill in ohancory applying
for Ill injunction restraining tho city and police
fran enforcing tho ordinance. Following aro
| tho points Of tho bill:
| Gariuor 8. Chapin mud James e. Goro. doing
| business undor tho firm namo mud stylo of
Chaplin i uoro, v. Tho City of Chicago, It's
officers, agents, and asBlstanta and Elmor
Washbnrn, Chief Of Police. Tho bill ia addrosaod
to the Judges Of tho Circuit Court In cllancory
| eittilg. It sots forth that tho comp]ainanss aro
engaged In tho Hale Of oatabloB aud driulabloa
| md Cigars mt Nos. 70 and rs East Aronroo
strcot; that in fitting up their etoro tloy
had expended $4,000; that tlloy llnvo lease Of
tho storc for eight yoara, nt au annual rent Of
$4,000; Tint tho roason why they expended 60
much money On the storo, and ply 30 much rent,
was because tho storo WAS situated irnmoliato-
patronizod theatros IN said city, known rs Myers
Opora-U House, aud immediately in roar al thu
princfpal and largest theatre In the city, known
az a.. Moyiolters M Theatro;" that they oxpooted to
Ing nightly oaoh and boti Of said thoatros
great amount Of tho custom incidental to their
nsio larSes amount nsg i, Of sata custom which aaa
immediately, upon tho oloao VI tho per-
formancos at aad theatres, which usunlly occurs
at and after tho time Of II In tho evoning;"
TINT they commenced business on tho 11th OF
May, 1879, and had since enjoyed tho largo cus-
tom and profit arising thorofrom, ''until they
wore wrongfully and illegally deprived Of the
aamc by tho dofondantB, who have impaired tic
value Of the loaaohold that they had duly and
aud tho ordinances Of tho city roativo to BRO pro.
curing 1iconses for tho prosecution Of their busI-
ness, and had always acted and domeaned them
aelyes as good and law.abiding eiuzons. and in
al honesty and good faith in their transactions;
that under ttoir license they bud tho right to
conduct their business without interruption or
interference from any person or persons what
aoeyor, except in q ulanner duly authorized by
law, md to keep their said storoa opoil
thst tho City Of ohiesso % anot Sogsrpg 81 h1 tio
legal and unquoHtionab!e rights" Of tho orators.
did, on April %, 1873, by ita Common Council.
pass an ordinance, which was approved by the
Mayor Of tho city on tho thereafter, requiring
ing and carrying on their said business at their
stores aftor tho hour OF II o'clock in tho oven
ing !" that Immediately aftor, on May Is, tho
defendants tug City of ohicago BY its agents
md arrested Jamos ). Gore ono Of tho orators,
aud compelled tho Immediate withdrawal Of Gus
toners. In tho Btoro ut tho time; that Goro
was fined 80 by Justice ,Danyon, md
Going still pending; that Gore was arrested in
fined that policemen lay In wait around and
about their store. "untn the same ia thronged
With customers coming out Of said theatres, after
orators have roachcd the most profitable part Of
tho day for tho prosecution Of their said buHf-
hess, /" whom said policemen "rush IN said storo,
arrest your orator, Jamea J. Gore, and your
mediate cessation Of your orators' BUSINESS, sis @
ana compel your orators customers to depart,
alleging that tho carrying on by them of such |
ilqlor busnesa attor IL o'clock at night is vio-
ason l.asa OF M aaid ordnance" that such unlawful
parable Injury on tho orators, from all of which
they havo no adequate remedy and relief at law;
That tho Justice declined to pass upon tho legal.
lty or tho ordinance; that the oratora wero will
tho nploas triea to teat tho INV hui shat tle d.
fendants continuously Blut them up, aud henco |
the necessity for M injunction.
the usual loyal appeal for Justice, and tie wllo!o
III accompanied by copy Of the obnoxious ordi-
nance.
The bill was handed to Con. stiles City At
tornoy, for perusal, and will bc filed next wock,
OF the opinion that tho injunction will not 10
granted. No matter wha. tho decision Of tho
lower court it ia intonded TO take the caBo to tho
supreme M Court, aud aettle tue question forever
among other pointa, that tho II o'clock ordi-
lance is unreasonable, md therefore invalid;
That having elected under the general law to is.
s!lo licenses for ono year, tho city cannot, after
tue mailing Of such liconse, invade the rights
acquired under it, except az necessary police
measure; that this iH no such moaBl1re; that tho
principle might be different as to lieenses issued
since the passage Of tho ordinance; TINT the en-
Forcomont Of ordinances by tho Police Justices
lntil determined invalid BY tho appellate court
aaving boon commended by tho Superior Court.
III injunction should issue to RESTRAIN tho CITY
from prosecuting ve1atious suits and arrests tor
! violation Of an ordinance where thoro is any
'eason to doubt its validity, and tho party sook-
ng tho roliof is in good faith seeking judicial
Of it's moritH