The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-03-24
THE SUNDAY LAW DECISION.

A Conviction IN the Police Court Not
q Bar to Further Prosecution.
A full report Of the case Of VonGlahn
which went TO the supreme court from
Augusta. has been published. II is the cast
| that bore upon the James Mcbride and
other cases. involving the validity Of the
Sunday ordinances OF the city of Savan
nah against barrooms. From thi:
report it appears that, not only
is the validity Of such ordinances
fully sustained, but that also the court
holds that conviction under the city ordi
nance VIII be no bar to prosecution under
the state law.
The head notes, which were published
some time ago. did not indicate clearly the
view OF she court on this latter question,
but the full report removes all doubt about
it, The decision is a unanimous one, and is
very fun and emphatic on the subject.
The court quotes with approval the state
ment Of Judge Cooley. In his work on Con
stitutional Limitations 60 the effect that
''the same act may constitute an offense
both against the state and the municipal
corporation. and both may punish 1t with
out the violation Of any constitutional prin-
ciple."
The court says. among other thing: 1.-THE
state law is formed TO meet general con-
ditions; the municipal ordinance to meet
special conditions existing in the particular
community. In the enactment OF penal
legislation the act Is considered in connec-
ton with its effects, and to these the pun
ishment is adapted. The difference between
the effects usual in city and those usual
generally throughout the field OF
operation of the statute Is deemed
a sufficient basis for further legisla-
ton, and the imposition Of a further pen-
atty adapted to those effects in the particu-
lar locality. 1t has been well said the act
is single, its effect double; and for each
effect there may properly, and without
working injustice TO the rights of
the offender, be a separate REM
edy or penalty. The offense is
per Sc contrary to the good order of
the state and. therefore, q certain punish
ment is prescribed for it wherever comp
mitted; but the offense, IL committed within
the limits Of a populous town or city, may
work much greater injury to the local peace
and good order, and it is proper that the
town or city should have its remedy. and a
separate right to punish for the special and
additional wrong dons to IL. In this sense
il may be truly said that the same act may
be wrong to the public at large and an
additional wrong to the community where
committed. It would be an offense against
the dignity of the state and also an offense
against the good order of the municipality"
The court says further: I'm the present
case 1t cannot be doubted that the act in
question, the keeping open of a tippling
house on Sunday, is in its nature an offenss
against the city as well as against the state,
and is calculated TO work far greater harm
in city than in less populous localities.
There is, perhaps, no act which more clearly
warrants the grant of those additional and
summary powers Of punishment which are
deemed appropriate TO the police jurisdic-
tion Of municipal corporations"
No foreign flavor about it. Home made, is
EaIHatinn OH Prica only 0s ranta - IL