St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-08-12
Hours Devoted to the Law Regulating
the Closing of Saloons on the
Sabbath Day.
Conflicting Legal Opinions Advanced by
HI. Horn, T. D. 0'Brien and
E. st. Julien Cox.
j. j. Smith, Agent for the Law and
Order League, Asks for Police
Protection.
A Claim of Highway Robbery En-
tered Against H1m--Where
Will it Ends
Arguments at Law.

HSdlUSG 66THdu OTOlG lOr ke6pluS HIS Sd
loon open on Sunday came up. Conspicu-
GUS were Herman Grote, 81. +. NOtbOhm.
Andrew Lauer, B. Simon and others. 81.
II. Horn appeared as the assistant of Pros
ecuting Attorney O'Brien. Agent j. j..
Smith took chair near the attorneys
table and Judge E. st. Julien Cox was on
hand for the defendants Judge Cox ven
tured demurrer, declaring that he did not
know whether to demur to the complaint
or the warrant. The practice of the mu-
nicipal court here was engulfed in dark
ness, through the fault of the city charter
and ordinances. There is difference be-
tween the practice Of justice and district
courts. He argued that nobody is author
lied by the city charter to enforce the city
ordinances by prosecuting violatorS, except
the mayor and pOlice-''not Bishop Ire
land, nor the Citizens league, nor j. j.
Smith," he said. He also contended that
the charter did not authorize the Sunday
closing law even by implication, and this
ordinance he characterized as unfair and
unreasonable, charging upon the powers
of the city. If such an ordinance were
fully enforced it would close hotels as well
as saloons, and to carry out its principles
would stop everything on Sunday.
Judge Cory said these general principles
might be admitted, but whether the ordin-
ance was void was " question.
Counsel contended that the ordinance was
unconstitutional because neither the state
nor the city has the power to enforce any
ordinance to close any place of business on
Sunday. In addition, he asserted that the
warrant was void because Mr.. Smith was
no official, and ineffective because it makes
no allegation. The complaint which he
thought his clients were not compelled to
ottl ,nr .,~lro L
cause uncertain. His argument lasted a
long time and he cited numerous authori-
ties and decisions. Frequently the counsel
did not omit to be humorous at the expense
of the leaguers.
MIR. HORNS ARGUMENT.
Prosecuting Counsel III. II. Horn read
the law governing the practice, and he
showed how the city charter provided for
the system of procedure. 1t was new to
him that nobody but the mayor had right
to enforce the ordinance. The most i'm
portant question is if the city charter au-
thoriZeS the passage of such an ordinance.
The new municipal code says the charter
gives the power to the city to enact laws
deemed expedient for the good govern
ment of the city, and it author
lies the passage of such ordinances
rs we'll regulate saloons and liquor selling.
He cited Dillon to sustain him in contend
Ing that if there is nothing prohibiting the
passage of such an ordinance in a munich
pal government, the power to do it is i'm
piled; also to show that city may pass
such all ordinance under its police powers,
where it does not conflict with the state
constitution. This law was aimed at sa-
looms, not houses. 1t is not necessary to
prove that liquor was sold; the keeping
off Mr.
could not see why business which it is
perfectly legitimate to restrain should be al
lowed to be open and running in full blast
while the merchants counting room was
closed, and he asked why the saloonkeeper's
employe, the bartender, should not have
his Sunday of rest. Unless prohibited by
the state law, the ordinance, though
cumulative, was valid.
= So far as the state Sunday law was con-
cerned, the court asked the counsel if there
was not an exception made as to a certain
religious denomination, and if the COM
plant would apply to Mr.. Grote, who, as a
Jew, would be included in the exception.
Mr.. Horn replied that the state law COW
cred all kinds of business. This ordinance
applied to saloOn-keeping only and intended
no exception. The court then adjourned
until p. M.
ARGUING FOX DISMISSAL.
In the afternoon William Louis Kelly
made all argument for the conSttutionality
of the ordinance and the right and power
of the city government to pass it. He oc-
cupied nearly an hour. About p. m. the
court decided to hear all the arguments on
the validity and constitutionality of the
ordinance before the cases were submitted.
SO he accordingly excused the jury until
Friday morning at 10 a. m.
Judge Cox made motion to dismiss the
case against Grote on these grounds as COW
cred by his arguments long and charac-
teristic one.
An answer to the complaint is not re-
quired; the warrant contains no charge:
statutory law requires that the
plea shall be made to the charge
as stated by the warrant. He claimed that
the municipal court had not the final juris-
dlctlon OF the cases-had only jurisdiction
by means of its power, which ceases when
appeal is taken. To contradict Mr.. Horn
he quoted Dillon to sustain the point that
the powers of the city derived from its
charter do not go far enough to enlarge or
diminish the statutes. There is no law to
inhibit the merchant going to his place OF
business on Sunday, no law to close up the
drug store, no law to prevent Mr.. Horn
making up his briefs on Sunday. The
counsel Tor the prosecution had said we
have large number Of Idle men.
What makes your men idle but your Sun.
day sumptuary laws?'' said Mr.. Cox
Th1s Sunday law prohibits diversion, yet
your honor can go fishing OH Sunday" ne
continued. $50 far as this warrant goes it is
not shown that liquor was sold.''
He also questioned the right of the league
to prosecute, or the right of Counsellors
Horn and Kelly to conduct the prosecution,
This should be done by state officers; the
attorney general conducts all state cases,
and the mayor should prosecute offenses
under his jurisdiction. Judge Cox engaged
in TRADE against the integrity of some
church people whose escapades were pub
lished in the daily newspapers, and he
asserted that the saloonkeeper was law.
abiding citizen, not virtue-d DESTROYING
hpocritical libertine
Assistant City Attorney O'Brien an.
swered many of the points raised as to the
right to prosecute. the practice of the munic.
lpal court in procedure, and the validity
of the ordinance, Judge Cory then took
the motion to dismiss under advisement
and continued the cases of Messrs. Grote
Donnelly, Lorimer, Twombey, Lasher anG
Graus until Friday. One case is to settle
it for all. but Judge Cox threatens to carry
the matter into the United States courts
Phillip Umstetter's case, for selling liouo
without a license, was also continued unit
Friday.
AFTER