Telegram-herald., 1890-09-15

Judge Bnrllngane VIII Make A
Important Decision.
II NH Detsr1Eias wAstAer Aea ttriAg
a. as CeantEs Saa 40 nfsstns
"a hAekiug "a the Stts

a. AS CesutFs S4a ~ Drss tas
"a a2skiag "a the Stts
geGee Burlingame ~ aaye ehanee
% psaks an Important rQling next Sal
urasv Itis cAss vAseh Nil tesi the
validity of an ordinance passed ~ tls
Commoa council of thsci
Ia the superior oouri SATURDAY Peter
s&lm mas put upon uial on = en&rge u
drixag 3 dray shout license. lie
Is q resident oi 0r&nd Rapids lovnshlp
aud several weeks ago be was oonN NcteG
and sentenced 10 pay a nue Tor TIE
oaense ia Tie loiioe eSut by suage
Holmes. He appealed the case and
when neame up Yesterday h.s attorney,
Nj. Wessehgs, argued ti.at sAim applied
fog liosnse. offered o. pay the Zee
rendered 8 hond, bui was refused TIE
license GA the grounds that be WAS q
nonresident o. tle city. Counsel
moved 10 DISMISS tie case, takne the
stand that the cigy had no authority 10
pass an ordinance foFladdidg non-fes.-
denls ID pursue a laNtul occUps pstiou
providing lheY submit 10 the lawlul
regulations. Assistant City Attorney
Larroli asked for aa Adjournment 90
the case for one week in order inGG he
be allowed 10 look up the authority.
The court bad iuNuiated that q would
hold Mr. Nesselius' ObjeeUon we'll
founded, bat tae time was granted.
B.
being prosecuted ls a. follows. NO
person shall be entitled 90 such a.
ccnse unless he = at the time q resident
OF the city, snd the removal from SAID
city OF person holding license for
the purpose aforesaid. shall render
such license forfeited, and upon oouyic-
ton of any person OF persons holding
such license for violation OF any pro-
visions of this ordinance. the mayor or
Common Council may declare tie d..
eense Of such person or persons for
fe.ted."
The ordinance was created on the
strength OF paragraph IA section OF
the charter amendments, whlcn ls aD
act 20 regulate solicitors OF passengers
or baggage for the benefit OF any hotel,
tavern, pubic house, boat or railroad, (,
also draymen, carmen, tuckmeu, por-
| tiers, runners, drivers OF cabs, hackney
coaches, omnibusses, carriages, sleighs,
! express wagons and vehicles OF every
kind, used and employed for hire, and
10 fix and regulate the amount and
rates OF compensation.
The question 10 be determined is
whether the council had the night 10
pass the ordinance on the strength of
the act. Many lawyers, who We're IN
the court during the argument. ex-
| pressed their doubts about the consttu-
| tionalIty of the ordinance. They said
| that If a hackman or drayman lived on
| this side Of Hall-st., and should happen
| 10 move on the other SIDE, he would
have 10 forfeit has license and oould
not DO business inside the city limits.
"SuppOsing the city should license
attorneys IN the same way," remarked
one lawyer. "Why, if ne lived IN
Rockford il would prevent hum from
trying a lawsuit in the city"
Glow would il work II such an act
was passed TO regulate politicians ~
said another. "Wouldn't the city Of
flee seeker have a cinch2 Why. the
country fellow wouldn't stand a ghost
| of a show for a nomination. IN the
first place the Law would prevent him
from coming into the city TO make =
canvas, and that alone would knock
hIm higher than Gilderoy's kite"
sSEERED AND JEERED AT HIN.
Sneering and jeering at Police Con
| stable Van Diner constituted the gray-
| itv of the offence for which Archie
| Mcintosh was fined s. and $3.50 costs
| by Judge Holmes several weeks ago.
Sneering and jeering may be an Of
| fense. but Assistant City Attorney Car
roll evidently does not think so. Mcln-
! tosh appealed his case 10 the superior
court, and the language in the appeal
says be used indiscreet, insulting aud
! immoral conduct by swearing, together
with the sneerng and jeerng. Mr.
! Carroll could not see wherein he had
/ any grounds TO prosecute. as the com
plant was insufficient, and on hls
motion the case was dismissed.
CHANGED HIS MIND.
Harry Webber, when brought before
the bar of the superior court yesterday
pleaded guilty 20 calling Nma Warner
names and talking loudly IN David
Ackley's saloon. Judge Buriingame
/ fined him s. and $3.50. II was az ap-
/ peal case taken up from the police
court, where ne had been fined $ and
/ S695 costs. Just why he fled an aD
peal is a question, for he lost Sl.s5 b,
! the operation.