Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-03
SUNDAY SELLING.
THE MAYOR CREATES SURPRISE BY A
DECISION
In Poles Court, Yesterday MOTning-He holds That
But One Fine Can Be Imposed for Each
Sunday-SOlictOr Riley Takes a
Contrary Vlaw of the Law.

Ever since the raids made by the
police. Sunday, on the saloons OF p.
Gavin and Joshua Rine, who persisted
In opening upa second time, in violation
of law, after they had been once warned
to discontinue business, there has been
much public interest in the disposition
Of the two charges brought against the
parties named, it having been claimed
by number of people, more or less in
terested in the result from a
monetary point of view, that
under Sec. 20 of the ordinance
in relation to saloons and ordinaries,
parties selling on Sunday could be fined
for but one offense, even though they
might open and reopen their places of
business half-a-dOzen time in the course
of one Sunday, and sell drinks by the
hundred: while, on the other hand, the
law-abiding element of the community,
including many saloon keepers, having
no doubt of the intent and meaning of
the section above referred TO, were con-
fideut that fines would be meted out on
both charges made, and gave themselves
but little concern about the matter.
When the cases brought by the police
against +. Albinger, who holds the
license for Josh. Rine'S place, were
called in Police Court yesterday morn
ing, Mayor Seabright announced that
his construction of the ordinance was
that but one penalty could be imposed
for selling upon any one Sunday, but
before he made his decision he held a
consultation with City Solicitor II. S.
Riley. who was present in the Court
room. Mr.. Riley, of course, had no
other idea than that man could be
fined for each sale, under the
ordinance, and so informed the
Mayor, in the course of the CONVEX
sation pointing cut that iiJthiS
was not the case, saoon-keeper
might open up in the morning, be sum
moned TO appear in Police Court, and
then continue right on doing business
with open doors all during the day, in
defiance of law When the Mayor again
took his seat upon the bench, he fined
Albingcr $40 and costs on the first case,
and dismissed the second charge, and
followed this W. by Diminishing the second
charge brought against =. Gavin.
BY some mysterious and peculiar
method, the idea was given out that the
decision of the Mayor had been advised
and approved by the City Solicitor, and
this statement was scattered all through
the city verbally. and also crept into
print. The effect was to render z GER
tain class of saloon keepers iubilant,
and il was freely asserted last evening
that under this decision Some saloonists
would sell openly on Sunday here
after. having neither the fear of
the Police Court or the grand
jury before their eyes, the argument
being that they would be able to pay
one fine of $50 aud costs for that privi-
lege and make money at it; while MEM
bers of the police force, who, acting
under orders from the Chief, have been
endeavoring to enforce the law. were in
the dumps.
Last evening a reporter for the REG
IsrER saw Mr.. Riley at his office, and
asked him about the decision by the
Mayor. In reply, Mr.. Riley said:
The Mayor must have misunder
stood me this morning as to the con-
struction of the ordinance in relation
to selling on Sunday, or | misunder-
stood him. l understood him to say
that he construed the ordinance to
the effect that the offender could be
fined for each offense; or, in other
words, for each sale on Sunday, and
told him that was my construc-
ton of the section referred
to, and then left, sup
posing that his decision would be in ac
cordance Herewith. / knew nothing to
the contrary until this evening. l
would certainly never have advised any
other course The first part of the sec
ten, where it says: IF any person
licensed to keep an ordinary or coffee
house within the city shall suffer the
same to be kept open on the Sabbath
day for the purpose of selling, may be
little muddy, but even under that
purely and simple there ought to be no
hesitancy in imposing penalties by the
city. The remainder of the section,
or shall sell, give away or permit to be
drank dG SuCu pIdCc VII Saiu udg, any
LIQUOR for the sale of which license is re-
CURED by the ordinances OF this city, he
or she, for every such offenSe, shall for
felt and pay etc, is clear and admits
of no other reasonable construction
than that 6ne may be imposed for
every sale"
Several attorneys were seen last even
ing, and all agreed that Mr.. Riley'S !
construction Of the ordinance as above
given. was the correct one, and that
even in case Of doubt, it was the duty
of the city to maintain its own laws,
and the privilege of defendants feeling
themselves aggrieved to take appeals to
the higher Court
Mayor Seabright maintained, last
night, that his decision in dismissing
the second cases was the proper one,
and that it would not be right, under
the law, to impose more than one pen
atty for selling on one day, although
business was continuous. When it was
pointed out that this would result in
much violation of law, His Honor re-
piled that he was not policeman and
couldn't help that.