Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-04-26
SUNDAY LIQUOR-LAW
IS THE PETERSBURG ORDINANCE
VALID OR INVALID?
the City-Democrntic Nomina-
tions.
Correspondence Of the Richmond Dispatch.l


case of considerable interest was rather
unexpectedly developed in the Hustings
Court to-day. Mr.. James l.. Justice was
some time ago fined $50 by the Mayor on
o warrant charging him with selling liquor
on Sunday. He appealed from the Mayors
decision TO the Hastings Court. and to-day
the appeal came up for trial before q jury.
After all the evidence had been heard
Judge Jones, of counsel for Mr.. Justice,
raised the question of the validity OF the
ordinance under which his client had been
eonvicted and fined in the Mayors Court
he claimed that the ordinance was Invalid
bn the ground that the charter of the city.
which requires that all ordinances OF the
pity TO which penalties are attached, shall
be published at least once in such news
paper Of the city as MAJ be
bad not been complied with; that
This ordinance had never been published
as required by the charter, and therefore
was invalid. When this question was
raised the Court took q recess, at the sug
gestiOn of counsel to hear further evidence
and argument. The matter has wide
bearing. In 1888 the ordinances as amend
ed and in force were codihed and publish
ed in book form, and were then reenacted
by the Council, but not published in any
newspaper. Among the amended ordl-
nances was the one relative to the sale OF
liquor on Sunday. The old ordinance on
this subject il similar, except that the
word restaurant which appears in the
former, is omitted in the latter. IL this
should be declared defective and invalid
by reason of on-publicatlon for the IN
formation Of the people, then all the ordi-
nances imposing penalties are likewise IN
valid.
THE WAY 1T STANDS
Il. 4. Aaolarinr
an ordinance invalid if not published. and
II is held that the order for publication IS
directory rather than mandatory. IL IS
furthermore held by good lawyers that II
the new law is without force the old stands.
When the court met At o'clock counsel
for the defendant and the city agreed
upon the fact that the old ordinance was
duly published on the Sd of August, 1876,
Immediately after its adoption, and that
there has been no publication of the ordl-
nances IS cOdifed IN 1888, except byprocla-
nation of the Mayor as TO the penalties
imposed for selling liquor onSunday. The
Court overruled motion by defendants
counsel that the jury be instructed
to find the defendant not guilty
if they are convinced that the ordl-
nance was not published after the codl-
| fcaton in 1898. The Court further de-
cided that in effect the two ordinances
| were the same, anu tuhl Tue i4tN yuc WIN
| the word restaurant" left out ~ not IN
conflict with the old that 1t is not invali-
/ dated bv the failure of the Council to have
| II published. because the charter does not
provide that it shall De invalid if not pub
hshed. The Court. though not actually
passing upon the question OF publication,
virtually declared the new ordinance to De
the law of the city.
The Jury sustained the Mayors decision
imposing fine of $50 on Mr.. Justice. ana
lthe Court refused TO set aside the verdict.
Counsel noted exceptions to the rulings
Of the Court. and will take the case up 70
the Supreme Bench.
SIX PENITENTIARY CoNvICTs.
Six men were convicted OF telonlous
crimes at the present term of the Hustings
Court and sentenced 20 the penitentiary
The only white man among them IS
Thomas Bishop, who was last night con-
victed of the murder of his wife. The dele
cation will not be sent over to Richmond
until after the court adjourns.
POLITICAL NOTES.
The Democrats will not make their nomi-
nations for tine Common Council and JUS,
ices of the peace until about the second
week in Nav. The Republicans Will proba-
DIV make nominations Tor the same ofhces
N onlv three or four of the wards.
| Mr.. joseph II. Dlftll1 ilth'
,iusolf as an independent candidate ior
The Switt-Creek cotton-factory has been
finally closed. but it is hoped will soon be
re0pened under new and more favorable
4 day or two ago colored woman left
her sick husband TO attend the funeral OF
y friend mt church. When she returned
sh tound her husband dead, and had to
MAKE preparations for another funeral.
| A misplaced switch caused sight col
liqion at the Appomattox depot to-day be-
tween an engine and the cars OF tram
which was being made up for Richmond.
About 2 o'clock this morning Dox-cal
loaded with corn for Messrs. j. W. Poole d
Son was dcrailed and nearly upset opposite
their mill. on the Norfolk ana western
railroad, caused by collision.
goHEsiIAN SETTLERS.
Within the past few months number o.
Bohemia families have come from th'
Northwest and settled in the near vicinity
of Petersburg. Yesterday the fine farm o.
Mr.. W. p. Davis, in Dinwiddie county
upon which one of the most hotly-contest
Ell little battles of the war was fought, wa
nurchased by one of these families foi
SS. 100. Within the past week one OF oul
farce real estate firms has sold farms II
Prince George and Chesterfield counties u
the same class Of immigrants.
'-0 ROBIN ADAIR.