The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-03-06
DECIDED A TEST CASE.
Judge Hanckel Handed Down a Long and
Interesting Opinion Yesterday.
uPA0lDs The GOoDRIDGE ORDINANCE
Except for Thfs Opinion the Corpo.
rntl0n Court TRANSACTED No Rusi.
MESA Beautiful Chnrify Given u
Chnrtcr-Justice TomlIn und "a
Very Small Docket. !,

i &
Judge lIanckel, of the Corporation
Court, yesterday handed down an opin-
ION In case brought TO test, tho validi-
" or the Goodridge liquor ordinance.
me Judges opinion is as follows:
CITY OF NORFOLK VS.. GEORGE
CAMP.
The attempt Is made is this case to
eVade the requirement in the Sd sec
lion OF what is commonly known as the
Goodrich ordnance by invoking the aid
supposed to be derived from the provi-
sions Of the 18th section Of said ordi-
nance. The defendant here was fined
lor violating the Sd section Of tho Urdi-
nance which requires all places licensed
TO retail liquors. or 10 sell liquor 10 be
midnight and not rcopened until {
O'Clock the following morning. But lie
contends that he is exempted from the
operation OF this section by the oual!ii-
cation contained in section II Of said
ordnance. which provides as follows:
All persons licensed to retail liquors,
peer o: o.her Intoxicating drinks in this
city, shall conduct said business in one
storerocm, on the first floor Of the build
ing occupied, that Is, nearest the street
level. and fronting immediately upon
public thoroughfarc, under penalty, on
conviction before police justice or 4
violation OF this section. Of a fine Of not
more than SlGo, and not less than 500
but nothing IN this section shall be con
st:ued as preventing hotels and ordina-
ries, legally conducted as such, from,
serving their guests and patrons in the
dining room Of such hotel, or ordinary,
with liquors, SC, II desired, during
meals
POSITION UNTEN ABLE.
That this position Is not ,ena able is ap-
parent f:om the language of the section
Itself, viz: nothing in this section sha Il
be construed as preventing hotels. Sc
from serving guests, &C, In the dining
room OF such hotel with liquors, SC, II
desired, during meals
The clear intention OF this exception
was TO allow the hotels and ordinnr!es
10 serve iquo!s during meals at a diff
terent place from the front room Of such
hotel or ordinary. but not out Of hours
J. e., liquors could, under the circum-
stances specified be sold at a different
place, bu, not at different time
The ordinance requires all retail liquor
stores and places for the sale OF liquo,
TO be drunk at the place where sold
twhether the latter be barIoons or ordl.
naries), 10 be closed at IL p. M, and kept
cOsed until o a. M, and nowhere In thu
ordnance can the most careful ;nspec
ton discover an exception to this uni
vcrsal and most salutary requirement.
rs TINS is lest case, and as an agree
mcnt was entered into between counse
for the city and for the defendant, thai
should the construction of this ordinance
by the Police Court be sustained in thi:
court, the minimum fine should be i'm.
posed upon the defendant, tho Judgment
Of Tie court is that the defendant bt
fined $50 and be required to psy ;he
costs of these proceedings
Camp, the defendant keeps a bar and
eating house on Church and Unior
streets.