Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1881-06-02
TIE SUNDAY LAZY,
OPINION OF THE MAYOR DECLARING IT IN.
CONSTITUTIONAL

The Mayor this morning rendered lha fo!.oy
itg Opinion 10 the c,ss Of The City Council vs.
James Wilkinson, charged with violation Of q
city crdiosnce prohibiting The sale of Eou)r en-
Suota7:
Tha City Courcll of Al,xa1dlia !
against Juuel. 1881,
James Wilkerso1.
The defendant James Wilkinson this day az
peared before me 10 answer to tho fclosing
SUMMONS
49, Mayors OEc,,
corporation Of Alexandria, Va, toHi:
summon James Wikerson before me to
answer TOR selling interfering o. oth,r drinks
10 his saloon, store or other place on sunday,
the 2Jth Inst. on oath or complaint OF Thomas
Hayes.
Given under my hand this 80 b day CT Msy,
ISL CoURTLAND II. SMITH. Mayor.
10 Is. Is. Bsttlce or aty policamsn.'
Inc defendant and the Corporation appor.d
| ty counsel. and the defendant moved thet The
| summons be quashed.
The, procsedirg 10 this cise grows Gu, of 40
alleged violation of 40 ordinance of the Cit7
| Council to prohibit the ssl, Of intcx:ca,i.g Ii.
qucIs from II clock on Saturday night Of each
| aud every week until II o'clock of lho succeed
lrg Sunday night Passed May 10, 1881.
Tho Provisions arc ss follows:
BE 1t eoGcted by the City Council of AL X
a1dria, That 20 bar room, saloon CT ether place
Tor the sal3 OF Intoxicating l'quoTs shall be opco.
| "a, and 20 Intoxicating bitteri or o:her drink
shall be sold 10 ary bar loom, restaurant, sa>
loor, store, or other place. from l. pollock en-
Saturday night Ct each aud every week ucti!
- o'clock OF the srcoecdirg Sunday uigh; and
any peIson violating the provisions of this not
shall DO deemed guilty Of o misdemeanor, and
1t conVlotcd shall be punished by Gne Of not less
than ten dollars for The frs; cff.uco Dor moro
than twenty dollars tor eaoh subsequent ufTalo,.
Ills COT aha DO 10 foroo irCm lis pas
sage"
This ordnance was evidently passed TO sap
Ply Inc OMISSION OF the act OF the General AS
sembIy of Virgiaia, approved Msroa S, 1850
| as ioI!oss:
5t9. mo bar roon, saloon or other p'lc, far
The sale OF Intoxicating liquors shall be epenrd,
and no Intoxicating titttrs or other bricks sh s
DO sold 10 aoy bar room, saloon. rus aurant,
atorc or other placo irem II cllc! CO each
AID 27crV Saturday night OF the week until
| suofiso OF The succeeding Monday m2rnng, ord
any peisoD violating the provisions OF :his Sc
ton shall be deemed guilty Of nisd mearir
AID II convicted shall be punished by foe OF
DOT less than ten nor mora than five hundred
dollars provided hat the provisions of this
scctloo thnIl cot apply to acy OF y having
r0t u'stlon Ct leo Thousand aud upwards snd
which by the provisions CT lis ch1rter CT any
statute bis power to regulate tic ,ae of liquors.
| OR inlcXIcs ting dr!Oks within is limits"
Tho Guy Council by the amended charter
approved January rs. 1879, has power to rro-
hlblt The keeping of ,ippiipg hcus:s, erd to
| make Gil IsW3 which they shall corceisc rtq1is!!c
| tor the regulation OF the mcrsll AID POLICE Cf
said city and 10 cnlolcc the obse1vs. C, of these
| lava By reasonable peneties ADD torieituras, 10
| be Lived Of tho goods ani ohattcs Ct tho
| ttte5der, aod when 90 eotd' a1d chat;cs csu
&c lound' ly Confinement to lsb:r for period
! not exceeding three mopthP, provided that
suoh laws she'll not DO rcrusnant to or irc1n
s;sent with tho lass ard Cons'iu i'm IF tic
State or of tho Uaitea Ststo-." Corp. LaEs
1850, p. Al. &c c ions il aud Is
Two questions arc prose- ntcd / ny osrsdtra
tlCn 10 this case:
Fist. The power Ct III, Cry Courci. TO
pltsorlOo certain acts or offences uisdameiners
Second. The power OF the M.ycr 10 sum-
naIlIg clnvlc' the accused Of nStenc,ro or
HilhOut the privilege OF trial by Jury.
As TO the so"er OF tho City Couaci to create
! otfeoces mlsdcmeancrl. there mist be some
1 !,
otherwise it will rot DO j. t FRED from graD:s CT
power general in their character. FOR will the
| authority be held to czi:t rs an implied OF to-
cidenta right.
1t re lock 10 the charter Ct tho city God 60
such power ott;rfcd By the State. and he
question arises can the "goccral welfare csu;e"
above referred to be construed as eXtcudug to
| the City Couoc power 10 i clare esd provide
misdansanors
| Ml'dcncsnorS are essentially crmina! IT,
fences lEGlc!abln iu the oourts OF oonmo1 Law
and ere distiDa Unstable from mere ilfEc ions
OF uu2i,ipal by laws the penalties of which
are recoverable by tc:iaDs OF debt or assunpsit.
Now, the city ordinance provides that if
aoy ptrsons shall violate its provisions, they
shall be deemed guilty ofa nsSdemcaaor and
upon c0nrtcti0n thereof shall be published b;
| fine, &c.
am IF opinion, upon Oh exsmioation of tho
suthoritits laid before me, that 20 such power
ls conferred upon the City CorLcil by its char.
| ter.
1t il settled law CT most of the States that,
| when 40 &C! amounts to an indictsbIe offence il
cannot be punished under municipal ordlnat g.
Tho law IN support of these propositions is laid
down 10 ID lon 8 treatise on Municipal CorpOr-
atloDs, md is there fully discussed If tho Cor
| Psi1tiou uao tuo pOHcls III tuU aU6eDCC OF q
grant AID Limitation of power, to dtcare acts
misdamesaots, i. would follow that it could also
dsclaro scs 10 be f,lonies aud provide for their
| punishment Likewise. which would uudsr co
circumstances TO c11o,dcd. But if the Ger
poratIca should possess such power to declare
aud ruoish misdcmcsnerj there is certainly no
warrant OF authority. either expressed or inn
piled, authorizing tho Mayer to summary con
| yCs 0Cl DuLl3h nIsSnmeann,s
AS before shoWa prosecution fer INSIDE
mcaoor. so declared by The ordnance, is esscu-
TALLY crimiusf. and ihs State Constitution DO.
Vides 10 tho Bill Of Rghts, THAT 10 all csplta
OF criminal prosecutions man had right to
dsmaad the nature ard oause of bis accusation,
10 DO confronted with !he ccouscrs SID sit-
nesses, 10 call iCr evidence 10 bis favor sui 10 A
SPEEDY TRIAL BY AN IMPARTIAL jury Of his
VcInsge, without whose uasnimous corsent be
cannot TO ou1d guilty"
| AS bafote shoWn the power Of the City Clul
Gil TO eudct b. Jaws is quali d by tho proviso
d'c!arlcc that such laws shall not b. repugusnt