The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-11
NO M1nNIaHr CLOSING.

here.
NO MIDNIGHT CLOSING.
The midnight closing ordinance wa
knocked out in the recorders court thi
and now the saloons may kee
open IL they wish.
The test case was that OF the cit
against Marie Dornbush. who sells bee
down on the Strand about Sixteenth street
It was tried yesterday and today mo
lion to Quash and dismiss was sustained
by Recorder Allen. Following Is the mo
ion submitted by the attorneys for Mrs
Now comes Marie Dornbush. the de
'endant In the above cause, and moves th'
court to quash the complaint in this cause
and to dismiss the defendant herein on tn,
grounds.
/, Because she says that the liquor
iealers license Issued to her by the State
inder and by virtue of the State laws
grants 10 the defendant the licensed priv
lege of selling such liquors at retail fol-
he period of twelve months. including al
If the 365 days in the year excepting such
lays as are specified and excepted in the
state laws towlt: Sundays and election
lays, and therefore that the ordinance UNI
Is "the midnight closing ordinance" and
preventing the sale Of such liquors under
said State license during four hours OF
Zach day of the year, towit from II O'Clock
1t night TO 4 o'clock in the morning, is
'iolative of the privilege granted by the
State by such statute and license, and
said ordinance is inconsistent
With and in contravention OF the State
avs, and is also contrary to title l, ar
tfA,, - II aha rtn,+ - d alt
# Galveston, which confers upon the city
ouncil the power only Ito ordain and es-
abish such acts. laws, regulations and
ordinances not Inconsistent with the con-
titut!on and laws of this StaAe. as shall
'e needed" etc.
.. Because she says further, that the
ity council can not legally legislate upon
he right OF retail liquor dealers to follow
UGH business in the city of Galveston
where such dealers and their business are
licensed and legislated upon by the State
avs, and therefore that the recorders
curt has no power or jurisdiction in the
natter.
3. Because the defendant says that the
ecorder's court has no power or jurisdic-
ion to enforce the penalty prescribed by
he ordinance under which this cause is
rosecuted.
A. Generally that the complaint charged
o offensc against the law, said ordinance
cling contrary to the constitution and
lws of the State. and therefore is null and
old. johnson & Johnson,
Attorneys for Defendant
THE defendants motion to ouash Is
lstained and the defendant is dismissed.
the order written on the back OF the
iotion by Recorder Alien
WATER WORKS BOARD.
The board of water commissioners met
oday, discussed water rates and the cleo
on of officers and talked about the reso-
ltlon passed by the council last night
elative to officials holding more than one
flee. AS this Is supposed TO refer partic-
larly to Engineer Peek, who is not only
ity engineer but superintendent OF the
ater works, the board considered this
ertinent subject for them to use their
linking caps on. The mayor has five
avs In which to veto the resolution and
10 board thought proper to take no ac-
on until after that time.
President Lange announced the appoint
ent of the following standing commit
es Supplies and repairs, Drewry and
cMaster; claims and accounts, Cannon.
I'd Wegner; tariff and revenue. McMasterS
I'd Cannon; extension and right of way,
ornefeld and Wegner.
HIGH PRICES FOR FRUIT.
Flattering reports are being received
ON all the towns In the coast country of
e high prices being received for fruit.
iyers are visiting the orchards and buy
& all the peaches and pears they can
Il. The buyers are from New Orleans,
. Louis, Kansas City and other places.
ais is the first time any buyers have been
re In number and 1t Is believed that the
arcity OF fruit In California has turned
cir attention to South Texas. Buyers
e now at Hitchcock, Alvin. Dickinson
a other places and are actively bidding
r such fruit as they can obtain and are
ying cash upon delivery at the depoeS.
HOTEL ARRIVALS.
At the Tremont-James l.. Taylor. city; |
Cooke Houston: Miss Dabney, Miss
hite, Miss Sutton, Bonham; w. S. Bar
e, Luling, Jack Dies, Beaumont; Ed
.rd scharff, Jennings. La; ID. 7. Tent.
wv York; H. Brendel. chas. W.. Ogden.
n Antonio: 3. s. Clements and wife,
akum; c. S. Meredith. Calvert; Sam
rk; w. S. Gibbs, Huntsville; w. @.
Hard. New York; Chas y. Hammer
nth, Bolton; julie Wimberly, Beaumont;
II. Kearney, Houston; Ed H. Harrsll,
,uston; d. s. Crooks, Cincinnati; M.
Parker. Beaumont; j. j. Martin. Nav
ota; Bon Campbell, Houston; H. A.
cobs, Navasota: VIM. II. Nougie. New
rk; w. NJ. Topscott. Dallas; W. Hugh
inter, Dallas; e. s. Winny. Dallas; W.
Smith, Houston; ]. II. Hoffman. New
rk; B. Il. Inglish. Gainesville; @. II.
onard. Gainesville; Sam b. nolson,
AGO; r. o. Barber. Chicago; A. p. Bar
n. Pierce; j. r. Reed. Dallas; j.: Ahc-
mson, ST. Louis; G. /. McManus. Texas;
So Benson. A. j. Moore. N. II. Moore.
nham; VIM. Reeves. Caldwell; II. M.
inning. San Antonio.
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