St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-29

The Murphy Case and the Prec-
edents involved.
Tuesday afternoon at O'Clock Judge
Twohy will give his decision in the case
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 10 order all wine
rooms and stalls to lie removed forth
with. The order further stated that
those failing to obey it would be liable
20 arrest for keeping Il disorderly house.
Murphy, acting under an opinion of
lis attorney, Ii. 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
Obeyed. 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 an 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 out 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 Oh the license being revoked,
and despite the efforts of Murphy's at
torney, who claimed no evidence under
the law had been introduced, the COM
mlttee reported IN favor of reyOking the
license. The report OF the committee
came UP in the board OF aldermen and
was referred TO the city attorney to see
If the proceedings Of the committee had
been conducted in legal manner.
This dldn'J suit the mayor, so a special
meeting of the aldermen was called and
the matter reconSidered and passed by
a 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had been revoked and lie must close up.
At the time the officer drank glass of
gin, and then came back and took out
warrant under the city ordinance.
Murphy had this case continued. gave
bonds for his appearance. but kept his
saloon open. Again the license in
spector visited the saloon, bought a
glass of beer ana Swore out warrant
under the state law. On the eXamina-
ton, Murpiiy'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 adyiSement, 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 sfr--".-