The herald., 1895-10-09
'PASADENA'S LIQUOR LAWS
Are to BE Pretty Thor oughIy
Tested
SOME CASES NOW ON TRIAL
viii All Be Appealed to the Supreme
Court
SOME CASES NOW ON TRIAL
Action Of the City Council Dsath Of an
Old Citizen-Personsi Notes and
Local Hention

Local 7ention
PASADENA, Oct. S.-Pasadena's liquor
ordinance is to be pretty thoroughly
tested before the cases now pending are
settled. The Fluke case was argued yes
terday before Judge Smith OF department
one of the superior court, and the Prittie
case, in which the defendant was found
guilty today in the recorders court. will
be appealed also. In the former case, IN
which the defendant, Harry Fluke was
found guilty OF violation of ordinance
No. 900 and fined $500, his attorney,
Judge M. G. Hester, had the case up for
review yesterday under habeas corpus
proceedings. In his argument Judge
Hesters first point was that the Iudg-
ment of the recorders court is invalid
on its face for the follc wing reasons:
First-Because it does not appear from
the record that the jury was empaneled
or sworn to try the case.
Second-Because the verdict returned
by the jury was not entered on the min
utes OF the court.
Third-Because it was not shown that
the defendant was informed of the YER
dict or asked why judgment should not
De pronounced against ultus
Fourth-Because the defendant was
not adjudged by the court guilty of the
offense charged.
City Attorney Arthur answered these
objections by the following points:
The omissions In the recorders docket
were immaterial and non-esssntial.
AS for the meeting place of the council
being fixed by ordinance. this is di-
reotory and not mandatory. Else how
could the first meeting of the council,
before any ordinances were passed, be
legal2 .
the ordinance, since the supreme court
has held that the absolute prohibition of
the sale OF intoxicAnts comes within the
province of municipal authority, this
must of necessity include the power to
regulate such sale when allowed.
The decision OF Judge Shaw in the
John Senich case was cited, from which
the following words are quoted:
1.-The words OF the ordinance are:
ANY tipping house, dram shop, cellar,
saloon, bar. bar room, sample room or
other place where spirituous, vinous,
malt-mixed liquors are sold or given
1T is insisted that these words do not
include any place where liquors are sold
or given away, except tipping house,
dram shop, cellar, saloon. bar, bar room
or sam pie room. and that the words or
other place add nothing to the meaning
of the ordinance and might as we'll have
been omitted.
'''The mere statement of the PROPOSE
ton makes it seem absurd, and should
not think it worthy of discussion were
it not that an ancient rule of statutory
construction, namely, that where special
general woras are to DO limited in their
meaning SO as to apply only to things
of the same kind as she special words de-
e. note ------=-s.- ---'---,s- - p -7- - ~ %
The city attorney further advanced the
proposition that none ct the questions
, involved in these proceedings may prop
erly be reviewed under an application for
. writ of habeas corpus, but should como
up on appeal only.
The trial of DR.. Prittie for violation of
ordinance 90 occupied but little time in
object of the defense being plain from the
beginning-that is, to appeal the case.
A. r. Metcafe, esq.,, appeared for the
defendant, the prosecution being repre-
sented by City Attorney Arthur. A
jury was waived agreeably to stipulation
presence Of court room full OF srecta-
tors, prominent among whom were a
mum Der Of members OF the enforcement
committee.
Deputy City CLERK Bangham was the
first witness. called for the purpose OF
JtduluS buo WHICH ne u1U.
George H. Carpenter was then placed
upon the stsno. He testified that he
went into the drug store on the 9th
OF September and bought of DR.. Prittie
a small bottle of whisky, for which he
gave rs cents. He said that DR.. Prittie
ct first refused too give it. TO him. saying
doctor sold 1t to him. He took it out to
two companions and together they drank
it, back OF Bralsy's store. Also bought
whisky at the same place September ID,
neither time on perscrl ption. but
the witness said that he did not say he
was sick, or make up any excuse tor
wanting the liquor for anything else
than to drink. That he was in the en-
ploy Of the enforcement committee at a
salary OF ~ per day and expenses.
The next witness. Edward Hobson,
corroborated the testimony of Ca :penter
as to the drinking of the whisky on the
two occasions which he had seen brought
from DR.. Prittie's drug store. and on two
occasions had seen it bought there with
out prescription. He was also in the
employ OF the committee on the same
pay as the last witness.
No further testimony was taken. At
turney Arthur not caring to argue the
case, Mr.. Metcal1e made an argument to
show that drug stures were not included
AL luc WOIuo OIHtl pluC0S OI the OrQl-
nance, on the ground that the general
terms following specific words are re.
stricted in their meaning by the specific
words themselves. He cited several de-
cisions in support of this point, while the
city attorney cited the decision of Judge
Shaw in the Senich case, in which he
cbaracterizes this idea as IAN ancient
rule of statutory construction which
should give place to reason,a better guide
than mere grammatical construction.
Recorder Kosster hardly thought the
ordnance would admit OF druggists sell
ing liquor by the bottle to be used simply
as q beverage, and consequently adjudged
the defendant guilty as charged.
Mr.. Metoalfe said his object was to get
review of tho ordinance in the supreme
court and that the judgment was salts
factory to him.
By stipulation sentence was deferred
until Thursday.
THE COUNCIL MEETING.
The city council met this afternoon,
with President Cox, Trustees Weed,
Washbur and Hamilton present.
There was large gathering of citizens
in anticipation of the contest betwsen the
rival electric road builders, but the mat
ter was deferred for one week. Mr.. Met
calfe stated that the officers of the T. and
L. "A. road would like to have the mat
ter continued for another week. Mr..
Webster, on behalf of the electric road,
confirmed this announcement, and added
that before the next meeting of the coun-
Gil all concerned hoped to agree upon