St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-29
A DEFECTIVE ORDINANCE
THAT INTENDED TO PROHIBIT THE
SALE or LIQUOR
In PLACES OF AMUSEMENT.

Lawyer Than, IN Behalf of Capt.
Brown, of the ComiaIe The.
ater, Claims That the Ord
nance Does Not Prohibit Him
From Selling Intoxicating Bev-
eragcs in His Resort.
A vital defect in the ordinance in
tended to prohibit the sale of intoXicat-
ing liquors in places of amusement was
discovered yesterday in the municipal
court. Capt. w. w. Brown, Of the
CorniQue theater, was on trial charged
with the violation of two ordinances.
The first charge WAS that Brown con-
Quoted a theater without theatrical
license. This the crusaders failed to
prove, because the place is licensed,
though the license is in the name of his
son, and Brown claimed to be the man
ager of the place.
When the prosecution started in to
prove the second charge, which was
that Brown was selling intoxicating
liquors in his place OF amusement con-
trary to the ordinance, Louis Than,
Browns attorney, demurred to the COM
plant on the ground that it did not
state cause of action. In support of
this contention Mr.. Than quoted the
section of the ordinance which reads as
follows:
"But no concert or theatrical or oper
attic performance shall be permitted. nor
shall any license therefor be granted in
hIIil
malt or other intoxicating beverages are
sold, furnished, ordered or drunk"
Mr.. Than contended that the words
''shall be permitted" constituted an i'll
hibition On the city council and not
upon any individual. The ordinance
did not forbid any individual to conduct
a performance in place where intoXl-
eating liquors are sold. 1t simply de.
clared that such performances ''shall
not be permitted" Mr.. Than was
willing to admit that it was probably
the intention of the council to prohibit
the combination of theater and sa-
loon, but that intention did not appear,
and could not be implied from the
language of the ordinance.
Assistant City Attorney Purdy argued
that the Intention was clear, and that
the words shall be permitted" meant
llldI lHO vi liG OuiiNihS3 VI
place should not permit liquors to be
sold there while conducting il perform
ance.
Judge Elliott evidently regarded Mr..
Thian's point we'll taken, for he con-
tinued the case until 10 a. m. today in
order to look the question up.
If Judge Elliott decides that the Or
dinance imposes no prohibition upon
the individual, but only upon the coun-
ell which grants the licenses, then the
ordinance becomes nugatOry or mean-
ingless, and the council must amend it,
if il is intended to prevent the sale of
liquor in place where concert, theat-
rical or operate performance Is car
ried on.
Irvine Sandowe and Thomas Ripley.
the proprietors of the Casino, were also
in court to answer to the same charges.
Their cases were disposed of before
Capt. Browns was reached. They adj
mitted they had no theatrical license,
and were fined $25 apiece, ana pleaded
guilty to the charge Of selling liquor
in their placed. and were fined $25 each
for this offense. They secured stay
of twenty days, however. and may not
have to pay the latter fine, in case the
ordinance is construed as Mr.. Than
claims il must be,