Huntsville gazette., 1888-05-12
THE MISSOURI SUNDAY LAW.

Decision by the Supreme Court of Mis-
souri,. the Effect of Which Will be to
Cause the Closing of All Saloons and
Dramshops on the Sabbath.
JEFFERSON CITY, Mo-, May Tn the
Supreme Court to-day Judge Sherwood
rendered a decision, in the celebrated
Sunday-Law case on appeal from st.
Louis, reversing the mandamus proceed
ings.
The court holds that the act of 1857
was not legally adopted, at the election
held in April, 1858, for the reason that a
majority of the votes polled at said elect
ion were not cast for the adoption of
the act.
The case is therefore, freed from all ne
cesslty for Investigating questions relat-
ing to the repeal of one law, and the re-
newal of the former law in consequence of
such repeal, since in the view already
taken no such question arises in this rec
ord as, in accordance with that view, the
Sunday law is now in force in the City of
st. Louis so far as concerns any other of
the municipal authorities under the law,
for the reason that the condition pointed
out in the first section of the act of 1857
was not performed.
If this conclusion be correct, then it is
wholly immaterial what force, effect or
operation be given to the Downing law"
of 1888, or the act of March, 1887, repeating
the Sunday law.
The Judgment will be reversed and cause
remanded, with directions to allow suit
able amendments to be made III the alter
native and peremptory writs in conform
ity with this opinion. When such amend
ments have been made, the Circuit Court
will issue its peremptory writ, command
ing that respondents vacate the order
heretofore mentioned.
Judges Norton and Black each filed sep
arate concurring opinions.
The law of 1857, it was claimed, gave st.
Louisans right to vote on the Sunday
Liquor law, and Of the IA, 900 votes polled
at the next election but 1896 of the elect
ors gave expression on the subject, 5,035
voting aye, and 2,001 nay. An ordinance
granting the privilege was framed, and
Sunday liquor selling was presumably
legalized Afterward, in the case of
the State VS.. Wainwright, the Su-
preme Court held that a majority
of all the votes cast at the election
mentioned above was necessary, and that
a simple bare majority of the votes cast
on that particular question was not suffi-
cient. The saloons closed for time but
soon resumed in defiance of the law. In
the Bender case, 1865, the Supreme Court
decided that large majority of the vote,
cast on the subject was sufficient, and SO
the matter rested till four years ago,
when another arrest was made; but Judge
Noonan, following the Bender precedent,
Pdischarped the prisoner.
The Legislature of 1867 repealed the
law Of 1857, and this act left the matter as
it stood before that statute was passed
At the expiration of ninety days after this
repeal Mr.. Schneider was arrested for
violating the general State law against
Sunday liquor selling and taken before
Judge Noonan, who discharged him
on the ground that the Legis-
lature rendered its own act in
operative by failure to provide for the
enforcement of the Downing law in st.
Louis.
The temperance people then went be-
fore Judge Valiant and asked for writ
Of mandamus ordering the Police Com
missioners to close the saloons. Judge
Valiant decided the mandamus should
issue. An appeal was thereupon taken to
the Supreme Court, with the above re
suit