Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-04
SUNDAY LAW IN COURT.
Case Of the Propristors Of the Capital
Hotel-verdict of Not Guilty.

room was filed with spectators. The case Of
Blessing L Guthrie, proprietors of the Capl'
tai Hotel, was called at 1870. At 2 o'cleck
P. NJ the following-named jurors were sworn
in to try the case: James Parsons, c. ID.
Wingate, H. S. Beals, c. W. Rapp. r. +.
Rsdman, T. j. Scott, c. A. Sawtelle, Sam.
Nathan, Robert DevliD, j. R. johnson,
Charles Zeitler, S. H. Davis.
After the jury was accepted and sworn 10.
judge Mcfarland asked that the next case
be continued until Wednesday, April 9th.
! His request was granted, and the Ju1ymen
not impaneled in the case of Blessing q
Guthrie were dismissed with Instructions to
appear again in Court Wednesday, April 9th,
at 10 O'clock A. NJ.
City Attorney Anderson addressed the
jury and the Court, briefly outlined the case
and stated that the complaint set forth that
Messrs. Blessing & Guthrie did keep open a
bar and saloon on Sunday, the IGN day OF
March, and conducted a business therein,
contrary to the statute.
II. s. Frazee sworn-I am o police officer
of this city. know the defendants, Messrs.
Blessing and Guthrie. They keep hotel.
known as the Capital. on the southwest cor
ner of Seventh and K street,. On Sunday,
the 10Th day of March, saw party come
into the saloon call for cigars, receive and
paid for them. Mr.. Guthrie told the party
calling for the cigars that it was 8 violation
of the Sunday law, and that he would be
called upon to testify against the hotel in
Court. THE fficer described the location OF
the bar room and the entrance thereto Inc
folding. doors between the office and bIr-room
werc open. | came to this city in 1871. L
have known the hotel and proprietors for the
last four years. The Capital is three-story
brick building, and has the reputation Of be-
ing one of the frst-olass hotels OF the city. 1t
has an Office, psrior, reading rooms, etc. The
saloon can be entered from the ofhce or IRON
the sidewalk. On the Sunday in question, |
entered the saloon from the Office and left in
the same manner. Mr.. Fred. Cox was the
party that made the cigar purchase while L
was there. There is barber-sh0p and n
cger stand in the same building.
Fred Cox sHorn-I know the defendants
in this case very well. On Sunday, the 19sh
day Of March, as was going home 1 stepped
into the Capital Hotel and purchased fifty
cents worth of cigars. l entered through the
office, | have known the hotel ever since it
was erected. 1t is well known throu bout
the S ate as being q first-class house. | al
ways pa,ronize this hotel from the fact that
more people from the country stop there than
at any other hotel in the city. l never saw
the doors between the saloon and office closed
and could not state whether there are doors
there or not The outer doors to ths saloon
on that day were closed It is the usual Gus
lem throughout the state to have q bar at
tached to hotel
Thomas Harper sworn-On one Sunday
evening in March, don't know whether it
was the Josh or mott was in the saloon of
the Capital Hotel, and Mr.. Jones and | went
g. h. opI h-41,hE and MID fnr
cigars.
j. II. Miller sworn-Am acquainted with
Blessing and Guthrie. They are the proprie-
tors Of the Capital Hotel. on the corner of
Seventh and K streets. l am the bookkeeper
and manager of theiI business. They keep
place to entertain guests from different por-
tions of the State, and also keep regular
boarders and dodgers. The bar is in the no.
tel. It is connected with the Office by folding
doors. There are doors opening from the sa-
loon into the street. On the 10Th of March
the doors leading from the saloon into the
street were locked aud kept closed during the
entire day. The saloon is used for hotel pur.
poses. The meats, ish, butter and ice used
in the hotel are kept in the saloon. The bar
Der shop and cigar store in the building is not
under our control. Parties were provided
with liquor and cigars over this bar on the
Sunday mentioned Ia the complaint.
No further testimony was offered by either
side.
Mr.. Anderson then addressed the jury,
stating that the evidence in this case plainly
shows that liquors and cigars were sold TO
strangers on that day It is also clearly
proven that there is a Ear and saloon. That
it was kept open; that they did sell liquor
end cigars, for which thsy received monsy
consideration. The argument on the other
side will be that this is a hotel ard tavern,
and therefore does not come uodeG the pro-
visions of this law. The counsel for the de-
Tense will endeavor to prove that this law IS
unconstitutional The Supreme Court has
decided otherwise. The Legislature provides
that hotels can be kept opsn. The saloon in
question il 10 part of the hotel. It is not
a necessity, and the law cannot be evaded in
this way. 1t has been clearly proven that the
law has been violated and l ask for 4 convic-
ton at your hands.
Judge Observation-Disclosures of the jary:
l shall be brief in my remarks to you day.
After securing an acluittal in the case on
Fridsy last, this does not appear to be case
at all. The law, if it is a law, excerpts my
clients in this case. The words "hotels and
taverus" ara in this statute. and are excepted.
1t has been clearly proven that the Capital
Hotel is hotel. A tavern, hotel and an
inn are one and the same thing. Webster
says that hotel is the name applied to any
inn. a guest at tavern is supposed to get
whatever he calls for in the eating or drink
ing line WHAT kind of hotel would ore
be where drinks and cigars could not be OBJ
tanned? Under the terms of this
law you cannot convict my clients.
There is general impression here
that there is a certain law called thu
Sunday law. There is no such law as this
Sunday law. 1t il no law at all. (Mr. Me-
i. I 10
statute in question was unconstitutional and
not law.) A law passed in violation of the
Constitution is not law. The decision Of
the Supreme Court, in enc instance said this
was q constitutional law. That decision docs
not decide any other case. A law passed for
the purp Sc Of enforcing religion you all know
is unconstitutional. That decision is not
binding at all. In criminal cases the jury
are the sole judges of the law in that partic-
lar case. They are bound by no decision of
law or instructions of the Court. The jury
must pass upon the question Of law as well
as of fact. / say that this law which says
that a certain class of our citizens cannot
pursue their business on Sunday is uncon-
stitutionsl aud l say to you, gentlemen of
the jury, you are the sole judges OF this law.
Every man and every juror has right TO
decide this law himself. There is nothing 10
this case. My clients have violated no law,
and | shall expect acquittal at your hands
(Iudge Mcfarland cited authorities to prove
that the Sunday law was unconstitutional,
was no law; that the decisions of the Su-
preme Curt were conflicting and settled
nothing that the jurors in a criminal case
were necessarily the judges Of both the law
and the facts, and that their condolences
could not be controlled ~ any decision or
instruction
Mr.. Anderson, for the prosecution, ad-
dressed the jury as follows: Gentlemen
Of the jury: There is much more i'm
port to this case than at fret sight
appears. 1t Is urged by counsel for defead-
aat that hotel comes within the execution
and permits the sale of liquors and cigars
If this should be So then indeed woali the
section 10 question he unconstitutional, for it
would discriminate in favor CT q Glars. Such
never was the intention of the lawmakers.
Our Government is divided into three de-
psrtmenis - legislative, executive and in
dicial The legislative comes directly from
the people, and 10 body assembled they deter
mine upon ths laws necs ssary for good govern
ment Sec ion 800 was passed as police
regulation, and not as a religious measure
All laws have more or less restrictions a.
chei. No man can do business without con-
forming TO the law. All citizens must sacrt ;e
some individual rights for the common good
In tsis case you cannot pass upoa any legal
questions; It is not within your province.
You are to deal With the facts, and he policy