St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-29
DECIDED TOMORROW.
The Murphy Case and the Prec
edeutS Involved

The Murphy Case and the Prec-
edents Involved.
Tuesday afternoon at o'clock Judge
of The State VS.. +. l.. Murphy. Murphy
is charged under the state law with sell
ing liquor without a license at 526 st.
Peter street. The facts in the case are.
as follows:
July Mayor Wright Issued an order
directing the police TO order all wine
rooms and stalls to be removed forth
with. The order further stated that
those failing to obey it would be liable
80 arrest for keeping disorderly house.
Murphy, acting under an opinion of
3is attorney, Fl. l.. Johns, paid no atten-
ton to the order. Several days after
Detectives Gerber and Leyde visited
the saloon and reported to the mayor
the fact that his order had not been
0beyed. No warrant was issued for
Murphy's arrest, but instead the mayor
called the attention of the council to the
fact that his orders were disobeyed, and
asked for all investigation looking to
the revoking of Murphy's license. A
meeting of the joint committee On
license was called, and Detective Gerber
said he had seen three women and
three men came eut.of the saloon. One
nj the couple he had seen drink whisky.
Mayor Wright told the committee the
place was dangerous one, and Murphy
had refused TO obey his orders. He in
sisted on the license being revoked,
and despite the efforts of Murphy'S at
tOrney, who claimed no evidence under
the law had been introduced, the coni-
mIttee reported IN favor of revoking the
license. The report OF the committee
came up in the board of aldermen and
was referred TO the city attorney to see
II the proceedings of the committee had
been conducted in a legal manner.
This didn't suit the mayor, so a special
meeting of the aldermen was called and
the matter reconsidered and passed by
strict party vote. six members voting
for the reconsideration and also for the
passage of the resolution. The resolu-
ton then passed the assembly, and
being approved by the mayor, an officer
was sent TO notify Murphy his license
had been revoked and he must close up.
AT the time the officer drank glass of
gin, and then came back and took out
warrant under fhe city ordinance.
Murphy had this case continued. gave
bonds for his appearance. bat kept his
saloon open. Again the license in
spector visited the saloon, bought a
glass of beer ana SWOre out a warrant
under the stare law. On the eXainina-
ton, MurpIy's attorneys presented his
license to show that he was not selling
without one. The prosecution intro
duced the resolution of the council Or
dering the license revoked, and the tes-
timony of the officer that he had drunk
liquor after such resolution had been
passed. Murphy's attorneys showed
that under the law by which the revo-
cation was made certain rules
must be followed by the council
or its committee in order to
make the revocation legal. The point
was also made that under the rules gov
elning the board of aldermen more than
six votes was necessary to reconsider
any action taken at previous meeting.
This had not been done when the reSO-
luton was recalled from the city attor-
ney and passed, as the records show
only six members voted for the recon-
sideration.
For these reasons Murphy's attorneys
claimed the revocation was illegal and
void, and that Murphy still had the
right TO sell under the license. The
county attorney argued that the court
had no right to go behind the face Of the
returns and inquire as to whether the
council had evidence to warrant the
findings and revocation. Judge Twohy
took the case under adviSement, saying
the matter was an important one, and
he would render decision on Tuesday.
School Opens Sept. 9th.
Boys Reliable School Suits at The
Boston, on Third s.rDAt-