The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-17
THE LEAGUE BEATEN AGAIN.
Justice SmOck Rules that Sunday Work
on Newspapers Is Public Necessity.
The Prosecution of a Journal Employe Results
in His Acquittal-W What Attorney Walls
Says the Saloonists Will Now Do.

The case against Davis Miner, night clerk at
the Journal Office, wherein the defendant was
charged by one Purdue, hired emissary of
the Liquor League, with having desecrated the
Sabbath, was tried before Squire Smock, yes
! terday and resulted in the acquittal of the ac-
cused, the court holding that newspapers we're.
In this day, public necessity, and that their
agents and employees could not be prosecuted for
discharging their duties on Sunday. On Sunday
night, two weeks ago. Purdue entered the Jour-
nal office, and handed to Miner an advertise
ment, calling for meeting of the Liquor League.
to be held the Monday evening following. He
paid the price charged-one dolar-for which he
took Miners receipt. and bolted off for the
nearest Justices Office, where he subscribed to the
| above statement of facts. and caused the arrest
of the clerk on charge of desecratins the Sab
| bath
Mr.. C. l. Holsten represented the defendant,
and made motion to quash the information, On
the ground that newspaper was a public ne
| cessity. He argued that the public depended
on the papers for market quotations, weather
reports etc., and on Sunday and Monday morn
ings no less than the other days of the week
To the merchant having occasion TO order for
shipment on Sunday a consignment of perishable
SOOu6 q kuOHleUR6 Ol tuo WedIuSr luulCdtOuS
was absolutely necessary; sudden rise or fall
of temperature of several degrees might destroy
the whole consignment, and few goods can now
be shipped with disregard of weather probabili-
ties So also, with market reports. The
Saturday market is as important that of any
other day in the week, ard can only be had
through the medium of Sunday and Monday
mornings papers People cannot, In this day
aud generation, afford to fall a day behind i'll
the news of the world Papers, daily or Sun.
daV. for the pOnyaniAOca and inform alton of
the public, and convey to the public mind in
telligence of events and circumstances without
which business could not he transacted. The
statutes exclude from liability to prosecution
does not mean an absolute physical
necessity, but moral fitness or
propriety OF the work or labor done under the
circumstances of the particular case for the &C
complishment Of lawful purpose. rs held in
Wilkinson vs.. State (59 Ind. p. 4l6). Vari-
Gus acts have been held to be works of necessity
that were of much less Importance to the public
than the publication Of a newspaper. In 33d
Ind, 416, it is held that the stirring of malt il
brewing was necessity; in 10Th Ind, D. 1893,
pairing railroad tracks was so decided; in seth
Ind, p. 4l6. selling watermeons WAS held to be
necessitons within the meaning of the law.
The prosecution was represented by Walls &
Bernhamer. the first named conducting the case.
The court sustained the motion to quash. and
discharged Miner, holding that within the mean
ing OF the lava newspaper was a public neces-
slty, and that no man essential to the publica-
ton OF the paper could be prosecuted for at
tending to his duties on Sunday. It is the gen
eral impression that the League has had about
enough of this class of prosecutions, Mr.. Walls
remarking, after the decision of the court was
announced yesterday, that he had determined to
have nothing more to do with that class Of
prosecutions
The Cases Against Liquor-Law vioiaters.
The twenty affdavits which Attorney Walls
asserts were sworn out on Monday morning
against oil classes of violators of the Sunday law
come to light slowly, but to keep up appearances
new one is served occasionally. Yesterday.
Michael Staley, druggist at No. 444 Virginia av-
onue, was brought before Squire johnson on the
charge Of seing cigars. last Sunday. He pleaded
guilty and was assessed nominal fine
In the Union Hall case. Mayor Denny held
that the bartender, Groebner, whom the evil
dence showed had received cash in exchange
for drinks, was guilty, and assessed fine of
$40 and costs against him. Mrs. Michall was re-
leased the ground that while it had been
tn .a 1,,,- ~ haer nassad f ,,r1nxs rne
bottle had been left sitting on the table, to which
the supposed members Of the club helped them
selves, and for the reason that it was not proven
that Mrs. Michall was doing more than attend
ing to her household duties, and that the dis
pensing of drinks was not under her control.
Attorney Walls regarded the decision a vic
tory lot the League ana remarked that all the
saloons would at once establish clubrooms in
connection with their places, where drinks would
be furnished on the ticket system. ''All our
prosecutions said he, s'have only been for the
purpose of finding out what the judicial officers
are really going to do, and when we ascertain we
will know how to govern ourselves. We
now beginning to see our way clear"
The League and their attorneys are expressing
their opinions of the Squire quite freely and
one of the justices intimated yesterday that,
unless there is less talk, someone may be fined
for contempt of court Bernhamer recently
said to Squire Feibeman that If he, the justice,
had convicted Police Commissioner Murphy it
would have been 81 900 in his pocket.
II is authoritativey stated that Judge Scott
who has for several years been the attorney for
the League, has rendered his resignation as SUCH
on the ground that he did not indorse the repri-
sal prosecution plan adopted by the League
His resignation is said to be in the shape of a
letter to Frank Maus, which would MAKE very
interesting reading.