The record-union., 1891-06-05
PARENTAL ORDERS Do NOT GO.
Children Not at Liberty to Purchase
Beer for Parents.
Police Judge Cravens SO Decides in the
Case of j. Gebert, and Imposes
Fine of 500.

Jacob Gebert was tried in the Police
Court yesterday on a charge of selling
liquor to minors. The defendant was
represented by Clinton L. White.
Officer Frank Shook testified that at
about $3.50 o'clock Tuesday evening he
was about to enter Gebert's place at
twentieth and streets, when he saw
the latter in the act of drawing some beer
for boy named Dooley. He handed the
boy can of beer, and the latter went out
with it.
The witness afterward saw Mr.. Gebert
and asked him why he sold beer to the
boy. Gebert repliedEthat he knew the
beer was for the boys father, and was in
the habit of giving beer to boys when
they brought orders from their fathers.
Officer Shook said that he afterward
learned that the boy had no order when
he got the beer. The boy told him, how
ever, that he always got it for his father.
Mrs. Dooley, the mother of the boy, was
sworn and testified that her boy was Il
years of age. He bought beer that even
ing for his father, and returned home
with it.
Gebert was placed on the witness-stand,
and said he was in the habit of receiving
a
him to give their children beer when
they called for it, and he mistook the
Dooley boy for the son of a man who had
given him such an order. He did not
want children to come to his saloon for
liquor, and only gave tito them to accom-
modate the parents, who pleaded that
they had such short time for dinner
they were not able to come to the saloon
themselves.
Attorney White said he had not exam
ined the law, but he believed that if Mr..
Gebert did violate it he did so uninten-
tionally. He thought he was exercising
necessary precaution when he demanded
written orders. Furthermore, the de-
fendaut was an old resident of Sacra-
mento, and conducted an unusually Or
derly saloon. He had never been ar
rested before, and no one had ever been
arrested in his place of business.
City Attorney Hart stated that the law,
as enacted by the last Legislature, was
very plain. 1t provided that ''any person
who sells, gives or causes TO be delivered
TO minors, etc." was guilty and liable to
punishment. 1t was passed mainly for
the purpose of putting a stop to the prac-
tice of parents sending their children to
saloons and corner groceries for liquor.
He was aware, however, that Mr.. Gebert
was reputable citizen, and person who
would not willfully violate the law.
Judge Cravens stated that in his opin-
ion the public generally should under
stand the law. "It is very clear" he
said, "and comparison of the new law
with the old one shows conclusively what
the intent of the Legislature was. The
old law, which came to be imperative,
was worded thus: Every person who
sells or gives to another under the age
of sixteen years, to be by him drank
at the time, as a beverage, any intoxi-
eating drink, is guilty OF a misdemeanor,
provided that moth
ing in this Act shall be deemed to apply
to parents of such children, or guardians
of their wards. or physicians
THE new law" continued the Judge,
''does away with this latter provision,
and makes it apply to everybody. l
hold now that were a parent to go into
saloon with his child and order the bar
keeper to give the latter can of beer,
the barkeeper would be guilty of viola
ton of the law and subject to punish
ment. Even parent could be prosecuted
for giving liquor to his child In the case
of Mr.. Gebert, however, L do not think
the law was Intentionally violated, but l
will have to find him guilty as charged"
The court was about to order Gebert to
appear the next day fer sentence, when
Mr.. White waived time and asked that
Judgment be pronounced immediately.
1T is the Judgment of this court that
the defendant be fined in the sum of
$780," said Judge Cravens.
Attorney White gave convulsive
shudder, and jumping to his feet re-
marked, II hope your Honor won't i'm
pose such fine as that -
That's the best / can do" remarked
the Judge. ''That is the minimum fine
not less than 800 or more than $500"
a number OF saloon-keepers heard the
trial, and the result will no doubt serve
to put all of them on their guard Gebert
paid his fine.