Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1891-04-01


the law In this case aud quoted from
the statutes to the effect that 10 all |
cAsss Of criminal prosecution the in
tent must be clearly established 10 |
order 70 warrant q conviction. He
alluded TO the fact that the defends II
was q resident business man Of estab-
lished reputation. thoroughly reBpon-
sible and-ns sho En by previous trans
actions-ready whenever called upon
70 pay biz license;that in his opinion
that law was framed TO prevent avel-
ing managers from slipping In and out
Of own and svadinR the payment OF
license, and further, that II . technical
violation ofthe law like the one under
consideration was TO be held Of suffici-
ent gravity TO warrant q cOnvition
there wss no business man In town
who would not at some tims be Liable
to such prosecution a. wss here insti-
tuted. He argued for an acquittai on
these grounds and the fact that 10 was
In the power OF the county treasurer at
any time to remedy the matter by de-
manding the license.
Nc. ROss In pr, ,senting the case fir
the state stood only on the admitted
fact that performances had been Civ
en- under the defendAnt's management
without his previously procuring the
necessary license. After considering
the matter a few minutes. Justice
Brown rendered Judgment against
the defendant aid assessed the mini.
mum fne Of SO and costs, whereupon
Mr.. Myers asked a stay Of Judgmen
aud gave notice Of an appeal.
The facts 10 the csss that did not
appear 10 the testimony are, that on
Monday evening officer Cathay. .
special on the city police force. pre-
seniiog himself to Mr.. Campbell, then
engaged In the ticket Office ofths opera
house selling tickets, and asked for
pass to the show on the grounds Of
his being an officer. Mr.. Campbell
told him be did not have any passes
but that he could present hipself At
the door Gnd ~ the manager OF the
company let him In. be, Campbsll.
would not object. Mr.. Ca'hy went on
IN hufi aud 10 . short time returned
with . paper which he sid was a
warrant and commsnded Mr.. Camp
bell 70 accompany him then and there
under penslty Of having the show
closed. Mr.. Csmpbell did not go aud
the show wss not closed, bot the prose
cutiou Of yesterday follows I. on the
refusal of one man 10 gv'to another,
what be mskee a business Of selling fol
profit, and which the fi7st man had n
shadow Of right to demand; and prose
cution on . complaint made by mar
who admitted under oath that he ws'
hired 70 do 20. The man prosecuted
IL 81 estimable citizen who has beeT
engaged In q repOtsble bush 6 In tbii
city for the psst eight OF nine years
! responsible Cor ELL just clsims tbs
: may be beld against MIN and wholly
E above any suspicion Of crooked desl
: ing.
We have devoted considerable spac
TO a careful recital Of this csse from
beginning TO end for the reason tina
we wish every citizen to get the stor!
straight and understand and refiee
! upon the petty and malicious uses tha
our courts OF justice may be put To
We do not wish TO be understood ?
, criticising the decision rendered b.
Justice Brown, for It WIS technicali.
correct. but there is no doubt that b
could, even under the evidence heard
! have dischsrged the defendant or dis
, missed the complaint without In tn
least smirchlDR the immaculate robe
Of Justice. UufortunAtely he becam
enmeshed In the technicalities of tn
law, which, It e the belief Of ever
I. Iayman, are erected for just such ppr
!, poses.