St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-10

Coils. WeIz and Fry, of the Ryan.
After Dismissal on Defective
Complaint, Again Go Free on
Same Ground Entire Legal
Department Drawing Third
Complaint.
Second Assistant Corporation Attor-
ney Pike was knocked out again in the
police court yesterday owing to his fall
ure to properly draw complaint in the
case of The City against c. Fry and F. r.
Welz, prOprietors of the Ryan hotel,
charged with keeping their bar room
open after midnight. Every now and
then the officer in charge of the central
police station, Capt. Schwe itzer. is
seized with a spasm of reform or is
given "hunch," and the next day
some saloonkeeper is arrested TOR keep
ing open after midnight. These arrests
seem to be confined chiefly to the dis
trict presided over by Capt SchweitZer.
and marks" are selected. In the other
districts not much, if any, attention is
PAID to closing the saloons at midnight.
On Jan. 81 complaints were made
against Nj. E. Foley and c. Fry and +. 4.
WelZ, proprletors of the Clarendon and
Ryan hotels. charging them with keep
Ing their saloons open after midnight on
the previous night. When the case of
WelZ came up for trial it was discovered
that either Intentionally or by mistake
the complaint had been drawn in such
a manner as to make it worthless. The
l1oft tt,r -
Office, when the case was dismissed, in
tlmated that the judge of the municipal
court was at fault, and the gentleman
from Saltwater. who draws salary as
chief of the police department, stated
that there was not much use of bring
ing cases into court if they were to be
dismissed by the judges. Aid. Zlm-
norman, who is chairman of the license
committee from the board of aldermen,
also received the proper tip. and with
his little hammer made talks about the
Judges of the municipal court always
taking sides with the saloonkeepers in
cases brought before them. Judge
TWohy, in dismissng the complaints
against Fry, Welz and Foley, announced
that the dismissal was no bar to further
action; but nothing was done toward
Issuing 9th er complaints until two
days ago. The case against Welz
was taken up in the police
court yesterday morning. A. B. Ovitt
appearing as attorney for Welz, and
Second Assistant Corporation Attorney.
Pike for the city. The complaint set up
that "Welz and Fry, proprietors of the
Ryan hotel saloon, did OH the Goth of
January. between the hours of II
O'Clock, midnight, and O'clock in the
morning sell. permit to be sold and
drank upon the premises certain intox-
icatlng liquors"
The case had not proceeded very far
before MIR. Oyitt, in CHANGING at the
complaint. saw that the first element
which would make the complaint valid
was lacking. He at once called the at
tention of Judge Cory to the defect, and
moved the case be dismissed, on the
ground that having alleged the sale of
liquor in the complaint, the name of the
person to whom the liquor was sold
must be also be set up. The court dis
missed the case. and Second Assistant
Corporation Attorney Pike at once set to
work TO prepare another complaint. IL
is understood that all three of the
assistant city attorneys and also the
city attorney himself will assist in the
drawing of the next mplaint-that is,
If the legal department is not advised
against such action by the powers that
be.
The case against Foley will come up
in the police court this morning.
For Saturday
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