St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-21
The ORDINANCE INVALID.
CORY DISCHARGES EHE POOL ROOM
DEFENDANTS.
POOL ROOMS WILL OPEN TODAY

| The Municipal Court Finds the
| City's Case Weak Both in Fact
and Law-Both of the Rooms
Will Open This Morning-New
Ordinance to Be Passed at
| Once.
| The anti-poel-room ordinance recently
signed by the mayor. after three days
careful consideration, was declared in
valid by Judge Cory yesterday after
noon, and the result will be that one.
and probably both OF the pool rooms
will be opened for business this morn-
ing.
AT 2 O'Clock yesterday afternoon Ed
wald Murphy, Louis Hamilton, w. j.
Edwards and F. Brown, arrested at
Murphy & Co.'s pool room last Thurs,
day, were arraigned for trial. Assistant
City Attorney Pike appeared for the
city, and L. X. Palmer for the defend
ants. The complaint against Murphy
| charged him with keeping, and tn
other three were charged in another
complaint with frequenting pool room.
Detective Ryan, who arrested Edwards,
Detective McFetridge. who arrested
Brown, and Detective Meyerding,
who was present when the arrest were
made, testified to the raid. Ryan hea I'd
Edwards tell Murphy he wanted to bet
81 On horse which, the witness thought,
was named Rosemount. Murphy, who
was in.chargeiof the room, took the money
and handed Edwards back a ticket of
The NSual kind IISpd II, mol rnonnC
Fetridge testified Ito the same facts
only Brown was the party who handle
In the money and was given a ticket.
All three of the officers testified as to
the biackboards, telegraph operator and
odds being marked in front of the names
OF horses on the boards. The preSecu-
ton tried to prove the method of doing
business in the room. but the court SuS-
tanned the objection of the DEFENDANTS
attorney that no evidence could be
heard except as to the day mentioned in
the complaint.
For the defense Deputy City Clerk
GIltlnan was sworn, and testified to the
signing of the or dinance by the mayor
and the passage Of the measure by the
council. This was the only evidence
introduced by the defense, and T. X.
Palmer, the attorney for the defend
ants, moved for the dismissal OF the
case and the discharge of the prisoners
on several grounds. The first was that
no ofenSe had been proven against
hamilton, Edwards and Brown, and
also that there was no proof that Muir
ply was the proprietor of the room.
Inc question was raised that
the ordinance had never been
properly signed by the mayor accord
ing to the provisions of the charter.
Concedlng, for the purpose Of the argu-
ment, that it had been regularly passed.
it was void for the reason that the coun-
Gil had no power to pass it. That it
was ambiguous. unreasonable, and ap-
piled to the punishment of crime in
certain locality. The decision of the
supreme couit in the case of the City of
st. Paul VS.. Glltillan was quoted to show
that the council had no right. to pass an
ordinance declaring public nuisance
unless 1t was given special power to do
SO by legislature. The section which
prohibited tire playing of cards, dice or
any games Of chance In pool room
hibited such acts in pool rooms and
allowed it to be done elsewhere The
complaints, Palmer asserted, were de-
fective from the fact that they were
drawn under the number of the as
sembly file of the ordinance instead of
the ordinance number.
City Attorney Pike was allowed to-
amend the complaint against Murphy
so as to make it read the ordinance
number, and he then replied to the
arguments made by defendants attor-
Gey. Atthe conclusion of his talk Judge
Cory announced thathe would grant the
motion for the discharge of the prison.
erS- The city, he said, had not made
cut case under the ordinance. even if
it was valid. 1t had not shown the
place pool room, or that it was oecu-
pied by ''bookmakers so-called." or
that Murphy was there as bookmaker
There had been no evidence to show
that the boards and names which were
supposed to be those of horses, had been
used to induce betting. Further, he
said, the court did not think the ordi-
nance valid, as some of the. sections
were beyond the power of the council to
lOS OiI& WClO
sonable and indefinite. For this reason
he would grant the motion to dismiss.
| and discharged the defendants.
City Attorney Pike, as he gathered up
his books, said he had no idea the ordi-
nance would be held good, as one could
easily drive team of borses through ii.
Murphy was feeling much elated and
announced that he would be open today
and would continue to lay the best odds
against the horses.
Assemblyman Doran met the assistant
city attorney in the hall Immediately
after the ordinance had been declared
invalid, and said another one would be
introduced a. the meeting of the board
of aldermen tonight. aud an effort would
be made to have the new ordinance so
drawn as to be binding.
| Pullman Tourist