Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-07-17
DISPENSING JUSTICE.
Judge Buckley Has a Big Day-Another
Ordinance Knnckad nuf

Ordinance Knocked Out.
Judge Buckley had long calendar to
dispose of in the Police Court yesterday
and was on the bench until nearly O'Clock
in the afternoon. j. Stokes, convicted Oh
Saturday of disturbing the peace of Henry
Myers, was fined So, as was also Franklin
Mankin, found guilty of battery upon his
little nephew, George Mankin. L. Bennett
was convicted of disturbing the peace and
will be sentenced to-day.
Ten boys, all but one of whom were
under IA years of age, were arraigned on q
charge of petit larceny. 1t was alleged
that they had stolen thirty-five cans OF
canned cherries from the warehouse of the
Capital Packing Company, but the evidence
was mostly hearsay and they were dis
charged.
Adolph Eckman, who keeps a grocery at
Fourth and z streets, was convicted of sell
ing beer to a lot of boys ranging from 10 to
IA years of age. Officers Able and Camp
bell had found the boys in a state of intoxi-
cation On the street, and upon their stating
where they got the beer they arrested Eek
man. Three of the boys-J. Varona, Frank
Filand and Daniel Daley testified that
they bought the beer of Eckman. The de-
PENDANT took the stand and admitted selling
the boys beer, but said he only sold il once
and would not have done so had he consid-
cred their ages. Judge Buckley gave him
severe reprimand and fined him $50.
Alex. Kildren was tried on a charge of
stealing a watermelon from car, but the
evidence clearly developed the fact that
instead of stealing the watermelon be had
rescued it from boys who were pilfering
from the car and was in the act of putting
it back when arrested. He was found not
guilty aud discharged.
The case of Ed. Nugent, charged with
mlSdemeanor, was continued until Thurs
day. William Kennedy will answer to the
charge of being drunk to-day. John Fitz-
patrick, drunk, was discharged
The last case tried, which occupied the
whole afternoon session, was that of Ed
Leach, charged with violating city Ordi-
nance No 23l, by hauling off the dead
body of a horse.
The ordinance provides that all dead
animals shall be hauled off and buried by
the person who has the contract with the
city to do that work. ana provides that it
must be done in a certain kind of vehicle,
making 1t misdemeanor for any one TO
haul away the dead body of any animal in
any other conveyance, without the per-
mission of the Health Officer or Veterinary
inspector. MT. GruD0 has contract with
the city to do the work. After evidence
had been introduced TO prove the fact OF
the dead horse having been hauled to the
stock burying-ground beyond the y street
levee, Auditor Mckee was put upon the
stand with the book of ordinances and
testified to the passage of the ordinance.
His evidence showed, however, that there
was in the minutes no record of an order
by the Board OF Trustees for the publica-
ton of the ordinance
Chauncey NJ. Dunn, counsel for the de-
PENDANT, raised the same point made by
Grove L. Johnson couple of weeks ago,
that the ordinance was invalid because of
the failure of the Board to order the publ
cation of the ordinance He was also pre-
pared with authorities to argue that the or
dinance was irrelevant, immaterial, OPP
pressiye, unjust and unreasonable, and
that it was in contravention of various
provisions of the Constitution of the State
and of the fourteenth amendment to the
Constitution of the United States The
Court held the first objection to be good,
under the decision of the Supreme Court
in the case of the City of Napa vs. East
erby, 6lst Cal, and as the prosecution could
go no further the case was dismissed.