The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-08-09
IN A JUSTICES COURT
Must Cases of Violations of Sunday Liquor
Laws At Ocean View be First Tried.
JUDGE PORTLOGK TO THE MINISTER'S
Ietfers of Rev. j. w. Moore aud Rev.
II. II. Bcnnett 10 the Judge-Jus.
tice Hawks interviewed = Tho
Matter VIII Not BE Allowed to
Drag Says Mr. Bennett.

Just a week ago to-day two prominent
Methodist divines of this city, Rev. II.
ii. Bennett, of McKendree Church, and
Rev. j. w. Moore, of the Queen Street
sanctuary, hearing that Sunday laws
We're being broken every Sabbath at
Ocean View, went 10 that resort to in
vestigate for themselves the truth or fall
Sity of the informationu. They discover
ed that the facts as reported 10 them
hau not been exaggerated, and returned
TO Norfolk TO plan what action should
be taken. The public grew intereS ted
in the development of the affair as it
was well known that these two minis
ters did not go TO the View that day
Tor their health. Developments are be-
ginning IT, come
The ministers addressed TO Judge
Portlock the following communications:
Norfolk, Va, Aug. 3, 1896.
Judge w. n. Portlock. Norfolk County,
Norfolk, Va:
Dear S1r-On recent Sabbath we have
seen the open bar for the sale of liquor
and the public gambling carried on at
ocean View, Norfolk county, Va We
understand that your attention has been
called 10 this violation of the law Not
wishing TO do you any injustice in any
puolic statement we might make We
write 10 ask your position on these ques-
tions and TO inquire what reason there
desecration of the Sabbath in violation
OF the laws of the State. Hoping 10 alear
from you. Yours respectfully,
r.. H. BENNETT,
Fastor Mckendree Nj. Il. Church, South.
j. w. MOORE,
Pastor Queen Street M T. Church Soutb
Norfolk, Va.
Judge Por;lock fepied to this COM
munication as follows:
Norfolk, Va, Aug. 6, 1896.
Key. X. ii. Bennett, Pastor McKendree
NJ T. Church. South, and Rev. j. w.
moore. Pastor Queen Street NJ. L.
church. South, Norfolk, Va:
Dear Sirs-Your communication of the
80 INST. came duly to hand in which YOU
state that on recent Sabbath you saw
the open bar for the sale of liquor and
puDlc gambling carried on at Ocean
view. ana in which you desire TO know
my position on these questions" etc.
IN reply, beg to say that as to my "po-
snlIh' am personally and officially
uhalte! ably and Indignantly opposed to
such viola tons of the law. But | pre-
sumo your questions really had reference
" my authority in the premises as Judge
OF the County Court of Norfolk County
AS to this, | would most gladly and re.
spectully give you the desired informa
ion. hoth OF the offences r,S.rred 10 in
-Nt'Ni oiS, ulIutT lDE law, NeSlEnatp1
aA nh.suemeanors, and the county courts
~ inns Stale now have no original iuris-
u!ctioh 10 try suca cases The last ses..
SION or the General Assembly of Vir-
S!h'A session, Acts 1886 page 924 de-,
cidres that the several police justices
anu Justices OF the peace shall have ex-
c!usiNe original Jurisdiction of all mis-
uSnieahor cases occurring within their
Ju'iSdict!on, etc. This as you will Oh
serve gives TO the justice in whose dis
tiict the onense is committed the .ex
c!uSlve original jurisdiction" to try. with
me right only to the accused 10 aDneal ,o
me county or Corporation Court, as tEe
800 800 may De; In View of this right OF APP
peal Uae Judge of the County Court can
not. oil course, initiate any proceedings
against the accused in the lower con-,
even should he be personally aware of
'ioia ltoils OF the law, such a. you sl,gres,
,@ahu anu certainly am noD. For such con
uuct on the part of the Judge of the An
:. pe'!a'e . court would, as you see, render
trial of the case in his court me- III
appeal. 1poH 'he
Is. perhaps, not improper that 7
1i state Tor your further informa-
S. S'o. 'he manner under the existing
of ~ oi me Jaw. IN which such violators
VI " we law may be proceeded against
~ Is tne privilege and the duty of every
iaw -hpldlng citizen, who may be aware
VI such violations of the law, to go he-
iore some Justice residing in the diStrict
IN which the offences are alleged to
nave occurred and make comnIaint
request the justice to issue warrant
AGAINST the accused, give him the
names OF witnesses. and then to appear
Detore the justice with such witnesses
on the day set for trial
In addition to the above remedy I'm
Ihe case OF violators of the liouor law
peS 10 dlrect your attention to SEQ,
lion lion o6o OF the Code of Virginia, edition.
1851 which prescribes that the Attornev
Tor the Commonwealth, "or any other
person. may after ten days notice to
Ihe accused. apply to the County Court
lot revocation of his license. Basinp
this motion. of course, upon legal tese
timony. "
The grand jury at the last term of nv
court. made report touching certain
alleged violations of the liquor law at
ocean View. and although in the alb
sence OF any jurisdiction, my action
III the matter may have been mira
vires. l. nevertheless, directed the clerk
to refer such report to some justice in
Tanners Creek district for the proper
legal proceedings in the case so re-
ported upon.
And now. having endeavored to state
TO you fully my position" i'm this mai
ter. trust you will pardon me for ex
pressing some surprise at the views
which seem to obtain in so MANY in
nT - 4.