Telegram-herald., 1888-12-14
SEVERAL N{W VIEWS
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4. ls . su 5ocisd = Doriloa ~ tls a.
aoancsms1t "a regard ~ tie cases glfen "a
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GzsrLza a. % IHz JuzE fns ehsrxe II
t1is information . Dr0aghL under section
Of Aet NJ. 3I3 VI ne sessi0n avs q
4 s-I snd re4ds as f0lloss Section Z II
49, uefsoo Or D-rsgas shall engage 10 az
busiasss requiring the payment of al
lnGer section one " t1is Act without hay-
lnz Dala In fuil TIE tx required % tnis
Aet All sitacag having lie fsesipt and
notice ior such t.x pOsls1 up, as required
~ this Act. Or 3itbolt nagins made. exc
eutsd And dslixerec The bond required of
t1ls At Of snall IA any manner violate
any Of tae Provisions OF tDis AcL
slCh person 0r persons snail Dc
tsemsd guilty Of nlisdemeanof,
Respondents IL this ass of cases, and The
respondent IN this ezss Is presumed 10 De
iRBocsnt Of any violation Of this act aud 10
lloa 10 Tia cause. Among the require
men-s are that Otwitnstsnding The person
engaged therein may be rec 4nIrsd TO paw tho
same Eax np0n hls real persona, and mixed
property InaG al other citizens are. be Is
also EoQ ulred 10 pay extraordinary taxes,
such as the United Stalrs taxes. the Stale.
and taxes 10 the municipality. but is re-
strictsd 10 certain hours Of sale. the sale 70
certain classes Of citizens, that those engaged
1 - F.IrFtx FII
these may Dc wise ana beneficial laws.
But sasn once ne liquor dealer nas con-
formed 10 al these ordinary and extra
ordinary requirements OF the aw, be IS en-
titled 10 some protection on his part. as are
the other citizens engaged IN any other
business or profession. and 10 this protec-
ti.n 10 IS fully entitled. both from the peace
ana police officers Of this court and The
laws tnat govern the conduct OF other cases
= ainsg other citizens for crimes and mis-
dsmsanors. Applying these general remarks
10 this case III from al the evidence 10
this case you should mad that this respOn-
| dent Is guilty of the ofiense charged IN the
information and beyond a reasonable doubt
then IL that case your verdict must be
guilty.
But In order. under the proofs in this
case. 20 ind the respondent guilty you
must I'D that be had not paid his State
TAX to sell liquor al Al Pearlst., Grand
| Rapids and did not have MS card cOnsplcu-
| ousiy IN sight IN his saloon.
The proof In this case is that from the
lower IlOor Of respondents saloon to the
upper door there Was an open stairway, and
| that on the upper hoor he served out beer
| TO such as called for IL there.
Now | know OF no law that prevents or
| forbids his business whether il be 10 sell
| ing groceries or hquOr IN more han one
/ room in the same number OF & block for
! the carrying on Of such business unless by
some lawful authority he is forbidden 50 10
do expressly or by fair Implication.
la this case il Is proved that Mr. Latt
has license and a card cOnspicuOusy
present in the lower room, and there is in
/ his license 10 restriction 10 any one room
at Al Pearl-sL There is no proof that the
upper room was occIpied by any other
! person than Mr.. Latta, and you may saw
| whether this upper room Of IL Pearl-st.
| is part of said saloon. and If
you 50 find you must ecQuit.
| The testimony in this case Is principally
that OF police officer, VINO. II seems from
/ his own evidence. instead OF seeking out
honest evidences 10 convict OF violations OF
the law was engaged in the questionable
Business of aiding. sbetting and encOurag-
| ing the violation of law by buyfng liquors
after hours and giving liquors from his
| Own hand 20 a person whom he had invited
/ 10 accom- pany him TO this saloon, all OF
which was done By said officer for the ex-
press purpose of inducing violation of the
lsw and subsequently arresting his victim.
| The position of witness whO himself be-
comes on accessory or sccompice in the
! commission Of a crime or misde meaDOr tor
/ the express purpose OF cOnyicting his prin-
/ cipal or who encourages the commission
thereof for the purpose of creating business
for officers and courts. is entitled to such
! credit. II any, as You may give To him. But
! it seems quite different kind of detective
business TO honestly search out and detect
| parties in the voluntary CO mmissiOn Of a
breach Of the peace or assault and battery.
/ from that OF encouraging men TO break the
peace and engaging IN assaults and batteries
IN order 10 have an opportunity OF arresting
| them and there seems no good reason why
| the same rule should not govern in this
class of Offenses.
There are two ways Of conducting the
| liquor traffic and two WAYS Of doing detec-
tive work. the one legitimate. tie other
| iiis-itimste
II is legitimate and oommendable for off,
Gers 10 use all fair aud honorable means 10
| detect the voluntary violsii0n of the llQGOr
/ lsw and 20 bring the criminals 10 speedy
/ Justice. But the inducing Of men engaged
/ IN the liquor business 10 violate the law for
/ the purpose Of srresting them Is far from
couifneoosoie. II IL "a nOt criminal IN Use I,
and the crsdi5ility of any witness who ad-
rnits bis completely in the violation of law
aud bis announcement of lis commission
! may well be considered by you in weighing
| the eviisnce " such a witness
IA Mr. Eastman. the Prosecutor. well
says. The police force i 20 project all our
! citizens. and ss al citizens OF every lcgifi-
mate svOcstion contribute % the support Of
the police force % evsry citizen il entitled
| 20 their protection without regard q tbs
name Of his avocation. - long ss 10 is legiti-
mate and conducted according 10 law.
lt Is for toe people % make out their af-
| 6rnstive case. and bT more than bare
/ prspoudersncs Of proof The guilt OF the
/ respondent must be proven besoDd any
/ reasonable doubt bafors v0a csn convict.
| He il not ob biiged 20 prove him self innocent.
| TIE people nust prove him guilty"