Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-04-15

Proceedings I'm the Police Court
TODAY.

STATEMENTS OF COUNSEL MRS. RICKERS
ARGUMENT ON THE CoNsTITUTIoNALITY OF
THE LAw-rHE PRESIDENTS RIGHT TO GET
SHAVED ON SUNDAY.
This morning in the Police Court, Mr.. Cork
hill, counsel for the hotel BARRIERS called to the
attention of Judge Smell the charges of vioat-
ing the Sunday law against Carter Stewart,
Wayne Curry and others, involving the ques-
ton as to the validity OF the law under which
the prosecutions are brought. He said he was
not ready to argue his cases to-day and would
therefore ask for a continuance He said that
his clients leases and everything depended
upon the settlement of this question. His
clients. he said, were all Christian gentlemen
and were not violators OF the law, as they would
close their shops tomorrow If this court de-
cided against them. All they ask, he said, was
for a decision. Il might say" continued coun-
sci, that went to see the Commissioners
"They have nothing to do with this question:"
SAID the judge. 1T Is undoubtedly an imprO-
priety for executive to interfere with the
administration of JUSTICE
Counsel then referred to the decision of
Judge Wylie holding the law to be unconstitu-
tional and the decision of Judge Hasner to the
contrary.
Mrs. Marilla Kicker who appeared for Ru-
dolph Sauer. followed Mr.. Corkhill. She read
the law under which these prosecutions are
brought, and said if the corporation of the city
of Washington, acting by its mayor, board of
alderman and common council had authority
70 pass this act, then unquestionaby the de-
that the said corporation was ever granted leg
isiative power to such an extent as to pass
such an act An examination OF the several
acts, by virtue of which the corporation OF
Washington came into existence. does not dis
close any general grant OF power authorizing
them at their option TO suspend or prohibit the
transaction OF any business not in violation of
law; 10 such power could be tolerated by
the citizens of any community, and were
such a grant made by Congress, the
courts would hasten To declare the same to be
unconstitutional and void. The only authority
ton Of bowen is 70 be ionnd n iuea act OF CSa
gress passed May 18th, 1S4S, which gives to the
municipality power to legslate for the preserva-
ton OF order within the city limits. Reported
In Webb's DigestJ Counsel referred 10 the
decision of Judge Wylie holding the law to be
unconstitutional. 1t is principle of law well
known to the court, and sustained by the
highest judicial authority, that all grants of
power by II parent legislature to a municipal
are never to be held to embrace general grants
OF power not clearly within the words of the
grant.
Mr.. Miller, who appeared in one case, said
that he was inclined to think he would apply
for writ of certiorari, which he would do to-
day If the court would give him time.
MIR. Corkhill said that one of his clients, John
West, was shaving the President when he was
arrested.
ment relating to the President he had a let
ter in his pocket giving him the information
that the President snaves himself
The judge said that any sensational state
ment involving the Presidents being shaved
on Sunday is absurd. He has right to get
shaved on sunday ut his home by u barber, and
If the barber is arrested for such act it is an
outrageous interference with private rights.
The judge cOmplimented Mrs. Kicker, and
said she had presented the constitutional ques-
ton in very clear and able manner, but that
1t was not competent for this court to set aside
an ordinance of the District as unconsLitu-
tOnal and ii it was desired to present this Ques-
ton to the Court in General Term, as he should
be compelled to- sustain the law, a recourse to
certiorari could be resOrted to, and he would
give until Saturday for them to determine what
they would do.
In the cases against the hotel BARRIERS, Mr.
COrkhlll was granted continuance until
next Wednesday. The other cases were con-
tinued until Saturday in order to give counsel
time TO have them certiOraried to the General
Term.