, 1874-02-12
MIDNIGHT.
Another Decision In the Saloon
Gases.
A Curtain Is Declared Too Transparent a
subterf,tgo. -.

The following is tho opinion Of tho Bupromc
Court, written by Mr.. Justice Soholfiod, In the
case Of Baldwin v. Tho City OF Chicago, and
whloh rslatoH to tho ordinance providing for
closing saloons ut midnight:
The Judgment OF Which appellant complaint
wab rendered for tho violation OF m ordinance
Of tho City Of Chicago, which, is in these words:
Tint any person WIN ahail IN said city keep opon
Nighttime, 5 % Sewesn tha hoafs q i oslocf nSdS
R ns and ID ao sss s9sa su ars ss sn so s s ss
Tho evidence in tho case is embodied In this
stipulation, signed by tho attorneys Of the ro-
! Hpootive partios ::
In thia eaao it 10 stipulated and agreed that tho de-
that his main business provide meals to boarders
and transient rNrsons and that he sells liquors, nnd
aer II i % n pseesna
meals only, md that ho dd not aei t44of sttor mid
Il s s % o l
castan around II, and thun shut ii ons Of Wow. and
did not open It until aftes IN tho morning; that tue
a99s # ssloous 1t II oeoeE % mnsH usi oeeEE
'ss sssssa s' as paes
business Of tho said Baldwin, It Il further stipulated
ana agreed that + thq con1 snl a9a fo5 tho plain
Tho prosecution was commenced, and the case
tried before Police Justice. Judgment was
rendered in favor Of appellant from which ap-
police appealed to the Criminal Court.
It Ia argued that tho judgment should be re-
vcraed. bccauae no appeal lies at the instance Of
appellee In such cases. .
it is provided In Tho Charter Of the City that
"Appoals and changes Of yenuo shall DO allowed
and may DO taken from Polico Justices In nll
cascs, IN tue same manner as heforo other JUS
| ticos Of tho poace." Tuley's LAWS and Ordi-
| nanecs OF Ohicago, 512, Secs. II. Inasmuch
as, this Ii. civil proceeding in form, aud
only qqP d onnn criminal dt r d its & q W
is conferred on appellee as we'll % on appellant.
| (see Grausicw V. Jacksonville 50 Ill. 87.5
| No objection ia urgod aud mono Is apparent
to the roaBonablencss Of tue ordinance under
which appellant was convicted. It is commended,
| however, that tho facts admitted in tue stpu-
| lation do not constitute violation Of the Or
dinance; that liquor-selling Ia but IN incident
to tito business Of appellant, md that, it this
| that hosela, rug-storos, and every business
| carried on in tho city. III which liquor-selling
| is an incidolit to- hut not tho fnnih business,
will full within the restrictions Of the ordinance.
We do not perceive TINT this result must neoeB-
Barily follow. That 1t nay follow in some cases
| is probable; but. when it docs, it must be be-
| causo those who own or control hotels, drug
stores, &o:, shall choose to conduct their
entire business in thor saloons, bar-rooms,
shalt keop their saloons, bpr-roonls, or
! tippling- houses, in ono room and conduct their
| other buBinoas IN separate rooms, no think tho
closing OF this branch Of business ut midnight
can DO effeotually dono without interfering in
tho slightest degree with their other business.
| Wo haya no question but the Court below decid-
cd correctly, holding that the language Of tho
ordinance extends to the room in which tile
saloon, bar-room, or .tippling- ia kept !.
md that tue moro drawing OF curtain across
| tho portion Of tho room thus occupied is too
transparent snbtorfuge to nnswer tho require
1nents Of tho ordinhncc that tho saloon tippling-
house, or bar-roonl shall be closed: 70 our
| minds 1t ia clear TINT tho terms usod apply to,
and include. tho room In which tho business Is
carried Oh. The object of tho ordinance is mant-
festly not merely to stop drinking at that hour,
but also compel those who are inclined to collect
| and tar1y at such places to depart.
| Such ordinances aro for the promotion OF tho
quiet and good order Of the city, and it is impor-
| tant TINT they should bo so construed and en-
forced Us to accomplish us fur as maY be reason
| ably practical, tile ond had in view in thor
| adoption,
| Wo perceive no cause for disturbing tho judg-
ment below, and 1t is therefore affirmed.