Omaha daily bee., 1896-12-13
CURFEW ORDINANCE INVALID
Colonel HOagland's Pet Measure Knocked
Out in the First Round,
DECISION HANDED DOWN BY JUDGE BAKER
Court Holds that Ordinance Prohibit
Ing Children from Bcing out of
Doors After - O'Clock ut
Night IL Unconstitutional.

The "curtew ordinance was knocked out
in one round by Judge Baker of the
criminal court yesterday morning, and
boys under 16 years of age may
roam the streets of Omaha after Q
O'Clock p. m, without fear of molestltion
by the police and without being accompanied
by chaporone The ordinance was declared
to be unconstitutional, for the reason that IT
conflicts with the statutes of this state, and
the case against Ross Crone was ordered
dismissed.
The ordinance originated with Colonel
Alexander Hogeland, the "newsboys friend"
and was introduced in the city council by
f. b. Kennard. The essence of the ordi-
nance is contained in the first two sections,
which are as follows:
Section 1. II is hereby made unlawful for
any person under 10 years of age to be or
remain In or upon any OF the streets, alleys
or public places in the city of Omaha, Neb.
at night after the hour of . o'clock p. M.
from March / to August 81. inclusive, of
| each year; and from September 1 to the last
day of February, inclusive, of each year
after the hour of O'Clock p. m, unless such
person is accompanied by parent, guardian
or other person having the legal custody OF
such minor person, or is in the performance
guardian or other person having the care and
custody of such minor person, or whose
employment makes II necessary to be upon
said streets, alleys or public places during
the night time after said specified hours
Provided, this exception shall not apply
when the person under such age shall be
playing or unnecessarily lettering in or upon
any such street, ally or public place, whether
alone or accompanied by parent guardian
or any person or persons whomsoever. Any
person violating the provisions Of this section
shall on conviction, be fined in any sum to
not exceed $40, for each offense, and stand
committed until such fine and costs are
paid
Sec 2. 1t is hereby made unlawful fer
any parent, guardian or other person having
the legal care and custody of any person
| under 10 years of age, to allow or permit
any such child, ward or other person under
such age, while in such legal custody, to go
| or be in or upon any of the strests, alleys
| or public places in said city within the time
| prohibited in section l of this ordinance, un-
| less there exists a reasonable necessity
therefor. Any person violating the pro-
visions of this section shall. on conviction,
be fined in any sum not exceeding S25 for
each offense, and stand committed until
such fine and costs are paid.
The ordinance was passed March II, 1896,
but was vetoed by the mayor The veto was
overrldden by the council and the ordi-
nance became law March "a.
The only arrest made under this ordinance
was that Of Ross Crone, a boy about years
old. He was convicted in the police court,
and Attorney Clair offered his services to
carry the case to the district court, where
he said he was confident he could have the
ordinance declared unconstitutional. Clair
signed an appeal bond for Crone and the
boy was released.
Early this week motion to dismiss the
case on the ground that the ordinance
was unconstitutional was argued be-
fore Judge Baker and decision
was rendered yesterday morning. In
passing upon the motion Judge Baker
said that under the statutes of the
state a justice of the peace or judge of any
minor court cannot sentence any person un-
der the age OF 16 years for the commission
of any crime.
at seems to have been the intent of the
legislature" said the judge, that persons
under the age of 16 years shall not be inn
prisoned in a city or county jail. III the
Judge of a minor court finds a prisoner guilty
of a crime he must send the person and the
papers to the district court. The district
court can then do just one thing. If the
judge of the court finds that the defendant
is a proper subject for the reform school he
must send him there; If he finds to the con-
trary, the defendant must be discharged
This ordinance provides fine of $25 for it's
violation, the defendant to stand committed
to Jail until the fine and costs are paid
Such provision is directly contrary to and
in conflict with the statutes and the ordi
nance is therefore void and of no effect. The
case is therefore dismissed"
.,lg, III ,l,4 ,,.gfI .ats,