Omaha daily bee., 1899-07-19
Association Scores n Point In Its First
Test Case.

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AssociatiOn Scores n Point In Its First
Test Case.
The members of the BARRIERS Protective
association scored a point yesterday in their
fight to enforce the Sunday closing law.
Dolan Taylor, proprietor Of the barber shop
at the Ogden hotel, was arrested on an in
formation filed by Attorney ]. B. Sweet be-
fore Justice Terrier. The case was sum-
marily disposed of and Taylor was fined 81
and costs, the latter amounting to $4.35.
Taylor's attorney gave notice of appeal and
the case will be taken up to the district
court.
Whether Attorney Sweet filed the infor-
nation against Taylor In his capacity as
a private citizen or as counsel for the Bar
bers' Protective association did not de-
velop. The informations in the other cases
we're all sworn to by members of the asso-
citation. 1t appeared that Sweet, while
passing Taylor's shop last Sunday. looked
in and saw Taylor in the act of shaving
Mayor Jennings. Taylor's trial differed
from that of Barber Bernhard in that his
attorney agreed to waive the right to de-
mand a jury and consented to hays the
case submitted to Justice Terrier on an
agreed statement of facts. 1t Is said that 1t
was on this understanding that Justice Fer
rier issued a warrant. The agreed statement
Of facts was as follows:
First-That the defendant, Dolan Taylor,
Is a barber by trade and profession and
that he, on Sunday, July 16, 1899, did open
up his barber's shop for business, and that
he on said day did work at his trade and did
shave mems faces and perform other work
as a barber.
Second-That the defendant, Dolan Tay-
for, can produce witnesses who will testify
that it is necessary for some men to be
shaved every day.
Third-That defendant can produce wit
nesses who will testify that it is neces-
sary for the convenience of the public that
barber shops be kept open on Sunday for
the purpose OF work.
No witnesses were examined and the court
promptly rendered its decision after the
arguments of counsel were concluded. The
members of the association regard this as
a test case and believe the district court
will uphold the ruling OF Justice Terrier.
The attorney for Taylor. when asked his
reason for submitting the case on an agreed
statement Of facts instead of having 1t tried
before a jury, stated that the BARRIERS who
were anxious to keep open on Sundays
wanted the law In the matter tested, which
could not be done by a jury. II a court
Of record. which in this case would be the
district court, holds that shaving is a neces-
sity on Sundays, such ruling will put a stop
to any further arrests at the instance o!
/ the BARRIERS association. If on the other
hand the court upholds Squire Terriers rul-
, ing the BARRIERS will close their shops and
observe the law.
Some of the BARRIERS who do not feel sat
listed with the action taken by Taylor's attor-
| ney threaten that IL finally made to close
up their shops on Sundays, they will re-
taliate by closing every saloon, soda waite
fountain. confectionery and cigar store In
| the city.
The trial OF W.. T.. Silver. the Pearl street
barber, is set for tomorrow morning before
| Squire Ref at Manawa. 1t is understood
that Silver will demand a Jury trial and his
defense will be the same as Bernhardi's
that shaving on the Sabbath is as much Of
a necessity to some men as on weekdays.