The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-16
SALOON MEN UP IN ARMS.
THEY TaINK ONE PUNIS aMENT
ENOUGH.

rhe Indictments by the Grand Jury
stir Up Fight over the Jur.sdic-
ton of the Courts - Ex-senator
duBignon Brings thu Issue Before
judge FaIligant-His Views as TO
the MAYORS Author.ty-City Attor-
ney Adams Opinion.
Ex-senator duBignon created a sensation
in the superior court yesterday by speech
on the mayors action in the liquor cases.
He Is counsel for James Mcbride, who was
fined 500 By Mayor McDonouga some
/ months ago, and wao took ceriiorsri to
the superior court after the city council
confirmed the mayors action.
( Mr.. duBignon requested Judge Falligant
/ to have q trial Of the issue before the ad
/ journment Of the term. The action of the
/ grand jury in iudicting a number Of per-
/ sons who had already been punished by
/ Mayor McDonough on charges of selling
/ liquor on Sunday, be said, made it neces-
/ sary that the certiorari case Of Mr.. Mcbride
/ be tried at once.
Mr.. duBignon called the attention of the
court to the fact that one Of the reasons
urged before Mayor McDonough was that
! the otfenses charged were violations Of the
| state law, and would in all probability be
/ tried by the state courts. He dwelt par
ticularly upon the danger Of other convic-
tions by the police court which, he said,
will continue unless the question Of jurlsdic-
! tion is settled.
Judge Falligant interrupted Mr.. duBignon
at this point and humorously remarked that
a good way for the saloonkeepers to avoid
such state of affairs would be TO observe
| the Sunday law aud keep their places closed
! on the Sabbath. Mr.. duBignon replied that
| it didn't make much difference about observ-
! ing laws when people can be convicted on
the testimony Of Jail birds and other ire
| sponsible people.
CITY ATTORNEY ADAMS OBJECTS.
! This last remark brought City Attorney
| Adams to his feet with the statement that
Mr.. duBignons presumption was unwar-
rsnted by facts. The city attorney said he
| had no idea that the case would be called up
| yesterday and was not prepared at that
! moment to go into the argument, but
| he could be ready in couple of days. He
| expected to present full brief on the
legal question involved, and since Mr..
duBignon had spoken to him, which was
only few days ago, about bringing the
matter up this term, he had had no oppor-
tunity, on account of other engagements,
to prepare a brief, and had received no
notice that it would be heard yesterday.
Mr.. Adams also said that Mr.. duBignon's
client was not charged with keeping an
open tipping house on the Sabbath day or
with any other state offense, but that the
charge was keeping his place of business Ia
barroom) open on the Sabbath.
Judge Fallig mt informed Mr.. duBignon
that there was no possibility of having the
case tried, and it will have TO go over until
December.
Mr.. DUBIGNoN's POSITION.
THE supreme court" said Mr. duBignon,
in speaking Of the matter to a MORNING
NEWS reporter. has repeatedly decided
that offerses which are cognizable by the
state laws are not within the Jurisdiction OF
the police court. A man may be guilty Of
disorderly conduct on the streets while
shooting another. but that part of the Of
Tense is not covered by state law, and of
course is punishable in the police
court. But the charge of keeping
| open tippling house and selling liquor on
the Sabbath is covered by state statute,
and the mayor has no right to try the al
| legged offendera He should turn them over
| to the superior court and give them the
constitutional right to which they are en-
titled of having trial by jury"
Mr.. duBignon Is satisfied that his legal
| position before council was right, and that
| he will be upheld by the higher courts. The
hardship Of the mayors action, said he, Is
| that when a man is fined by him for a state
| offense and pays that fine, there Is no possi-
| BILE remedy, as a second punishment by the
superior court doesn't provide for the re-
turn OF the original fine,
NOT NEW POINT.
| City Attorney Adams was asked for his
views on the question raised by Mr.. du-
Bignon: at is not new point by any
msans," said Mr.. Adams. land has been
raised before by lawyers and passed upon
by the courts. A number Of the ri cent con.
| victions have been for selling liquor on Sun
| day, under another section Of the Sunday
ordinance, and, under the authorities, there
can be no doubt as to the jurisdiction Of the
| municipal authorities in such a case
There is no state statute against sell
ing liquor on Sunday, the statute being
against keeping an open tippling house or
the Sabbath day. Not only have such con-
victions been sustained by the courts. but
our supreme court had also sustained a con-
viction under city ordinance OF keeping
liquor for sale, although the evidence
showed that the party had in fact sold the
liquor in violation OF the state statute, anc
although the court recognized that he coulC
also be punished under the state statute fol
the same act.
SETTLED BY THE SUPREME COURT.
at seems" continued Mr.. Adams. "tha
the point that a city cannot punish for 6
violation or ldentlcally the same ofelsE
covered by the state law. has been mad,
quite often in the past, and the suprem,
court, while recognizing that under
the usual powers conferred by
charter this Is correct general
proposition. yet has repeatedly sustained
| conviction under the city ordinance
although there seemed to be no substantial
difference between the offenss under the
, city ordinance snd the offense under tn
state law, and it has always been held tina
the former conviction would be no bar t.
> the latter. There is a case reported in thr
Georgia reports where party in Atlanta
was convicted for keeping his place open OF
Sunday and the supreme court sustained
his conviction, although his place was
tipping shop, and although he was liable
n to be prosecuted again under the state
law"
. Liquor men who run their barrooms OF
Sunday must expect prosecution both b,
the state and the city aud that a conviction
In the police court will not save them iron
! further prosecution. The sensible mel
: among them will take Judge Falligant'
advice and close up on the Lords day.