Mexico weekly ledger. (Mexico, Mo.) 1855-1956, 1899-03-30
JUDGE HUGHES
ON THE CURFEW.
WAS THE EMINENT JURlST MAX
ING FUN WHEN he SPOKE OF
PERSONAL LIBERTY FOR
CHILDRENP"
LAUGHED WHEN He SAID IT
The City Council Has No Authority
TO Pass q Law Restraining Any
body Of Personal Labsrty-Ths
Charter Does Not Grant It
Opinion Of Attorney
q. Il. Larimore.
LAUGHED WHEN HE SAID IT.


To the Editor Of the Ledger,
MEXICO, NO., March 2s.-The advo-
Gates OF the proposed ourfew law
claim that they have found a Judge
who agrees with them in the ex-
pediency and validity Of the proposed
ordinance. II Judge Hughes is quoted
correctly the following occurred:
Reporter: "Some are claiming that
the law Is unconstitutional" The
judge laughed and said: "on what
grounds2n Reporter: Gas Infringing
on personal liberty" Judge: "Per-
sonal liberty Of children? 1t 10 folly.
Children ought to be kept of the
streets at night.n
The most Jealous advocate of per-
sonal liberty win agree that children
ought to be kept OF of the streets at
night, except when under the proper
restraint OF the parent. The reporter
failed to get into the interview that
sound and look OF irony accompany
ing the expression OF the judge:
"Personal liberty of the children7 1t
is folly"
The people who know Judge
Hughes-- know bis standing as law
yer and q jurist--will be slow In be-
IIeving that he attempted to express
himself or convey any such idea that
1t is folly that children have personal
liberty. 1t sounds more like the Judge
was making fun Of the idea instead Of
giving consent to it. Judge Hughes
is too discreet a lawyer and has too
good an idea Of the duties of judicial
officer to attempt even indirectly 70
pass upon the validity Of law before
It should come before him in his
judicial capacity. For discretion
ability and justice be has not a peer
on the circuit bench In this section oi
the State and II would be well fol
these advocates of military despotlsm
to wait awhile before attempting tc
quots tais leseaed end able judge
upon either side OF the question.
This question goes to ths very foun-
dation OF civil society, involves the
question of civil liberty and calls for
defense Of these inallenable rights
guaranteed to the citizens by the con-
stitution of the State OF Missouri. The
Missouri Bill OF Rights provides that
"The constitutional government lie In
tended to promote the general vel
fare OF tha people; that all persons
have natural right to life, liberty
and the enjoyment OF the fruits o.
their own industry; that to give Sc
curity to these institutions Is the
proper Office Of government and thai
when government does not confer
this security 1t falls Of its chief de-
sign" This, or similar provision
will be found in the constitution Of
every State where liberty is held sa-
cred ;snd more than once has this pro-
vision OF our State constitution beer
invoked to preserve the liberty OF thu
citizen, and We are not in this Stat'
without many precedents wherein
laws of this character have been over
turned as violation of this provision
of the constitution, as undertaking t
take away from the citizens those lib
ties guaranteed 20 him.
There is no authority conferred OF
the City Council by the charter to pas
, 9 curfew law. The Council has powe
s'to enact ordinances to restrain AM
prohibit noiaes, assaults and batteries
petit larceny, disturbances of tn
peace, disturbances OF religious AM
other lawful assemblies;" but 1t ha
no authority to deprive the citizen, b
be or che over sixteen or under six
teen years of age, of personal liberty
and had the oIty Council such author
ity granted by the Legislature,it woul
I still be in contravention of that part Q
, the constitution above quoted.
The City Of 81. Louis in 1892 passe
an ordinance making It an otfense 70
; anyone to knowingly associate wit
. persona having the reputation ofbein
q thieves, burglars, pickpooketk, etc
and under that ordinance an arrei
was made and on writ OF hGbeds corpt
the case was tried in the suprem
Court, and, in reviewing the action
> the City Council in that case, JudR
i Sherwood, the Nester of iurisprudenc
of the West, said that personal iibert
econsists in the power of locomotior
of changing situation or moving one
: person to Whatsoever place ones ow
: inclination may direct without In
n prIsonmont or restraint unless by dr