The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-08

one peculiar thing which Is likely
to cut a prominent figure in the IL
legal liquor selling prosecutions de-
velops in the case against j. S. Nc
Cabe, one of the proprietors of the
St. Cloud, where Il rs alleged liquor
was soid on Sunday, March %.
Mr. NcCabe demanded a hearing
when arroigned before Alderman Full
Ter, and when permitted to put in
defense averred that he had not sold
any liquor on Sunday, was not pres
ent when any was sold, that he not
only did not countenance it's sale by
his partner or any of their employees,
but had given strict orders to all con-
nected with the establishment that no
intoXicants should be sold on Sunday.
The bar room was kept open, on Sun
day, he admitted, but it was solely
for the accommodation of the patrons
of the lunch counter, which occupies
one side Of the room.
Under the law, as 1t has been in
tcrpreted heraabouts, such an expa-
nation would not be permitted by the
court as an attempt at a defense. AS
Judge Archibald said in his charge to
the jury yesterday:
A man who has a hotel a license, cannot
shield himself by the suggestion that somebody
else did t; that he gave strict orders that his
house and bar should be closed on Sunday. The
man is master of his own house; he is bound TO
that it is closed: u he suffers his bar TO be
open and his barkeeper to be there, he is as
responsible as though he himself were present
and might just as well himself go and deal out
the drinks lie is an accessory to what may hap
pen in the way Of selling on Sunday or selling
liquors on election day. The law puts the respon.
sblty upon him and he cannot evade il by en-
deavoring to shift it off on to somebody else.
TAKE AN OPPOSITE VIEW.
Mr.. McCabe's attorneys, Willard.
Warren & Knapp, however, claim this
Interpretation is not a correct one, and
propose to prove their contention by
securing Mr.. McCabe's discharge. They
say that while this was the law. it Is
the law no longer, and as an assurance
of the correctness Of their views they
point to the fact that one of their
! number, ex-Judge willard. wrote the
| opinion when the ruling was made by
| the Superior court.
The decision was made in the case
| of the Commonwealth against Johnson.
Superior court reports. Johnson was
a Butler county druggist. who was con-
| victed of selling illegally, in that one
Of his clerks sold whiskey more than
| once on the one prescription. He
| wanted TO show that it was done with
| out his knowledge and against his or
! ders, but the court below ruled out the
| offer The Superior court declared this
to be an error, and in the opinion con-
tanning the decision Judge Willard said
| practically that a defendant in a liquor
| license case should be treated the same
as any other person accused of crime:
he could no more be held guilty of the
| act of his agent in committing this
| offense, than he could If the offense
was assault and battery. other things
being equal. The language of the opin-
| ion is:
| Every lawful instruction from prin-
| cipal to agent is to be considered as
| given in good faith, until the contrary
| is shown, and the bona-fides of the in
struction is for the jury. Under no
| other rule can the rights of honest men
be preserved, and they are entitled to
| invoke this rule, Notwithstanding that
| some dishonest men may perchance es
| cape just punishment under it's seal"
| Further on in his decision of the case
Judge Willard makes the remark that
| a hotel proprietor can not be expected
| to stand behind his bar continually Ia
! see that the law is obeyed to guard
| for instance, against a bartender sell
ing to a minor. or a person of intem-
perate habits. 1t would be a physical
impossiblity, the judge says.
The hearing in the McCabe case took
place last Friday and Alderman Full
Ter has not vet rendered his decision
| In discussing the matter with a Trib-
une man yesterday, he strongly inti-
mated that he was disposed to accept
the reading of the law as Mr.. Nc
| Cabes attorneys interpret it. Mr.
O'Malley, who has the active charge
of the case, expressed himself as fully
confident of being able to maintain
the position he has taken.
EFFECT OF DECISION.
Should this contention be sustained
it would put the crusaders to the ne
cesslty Of proving that the proprie
tor sold the drink himself or that hi,
empoye sold it with the consent anC
knowledge of the employer. At pres
ent as Judge Archbald's remarks yes
tcrday set forth, it was taken 70
granted that ii the employer did no
know the law was being violated oil
his premises he should know it anC
he was not permitted to offer his ig
norance as a defense.
one of the liquor cases was present
ed to the grand jury during the after
noon. 1t is the one against John Cav
anaugl. 345 Penn avenue, charge'
with selling without a license and sell
ing on Sunday. l.. Il. Sturges appear
ed as prosecutor. The witnesses fo
the commonwealth were Robert vii
son, James Reid and George f. West
District Attorney Jones said he ha
no fixed programme for presenting tn
other cases. AS fast as they ar
reached they will be taken up, he said
Attorney r. i. 'ers said, last even
ing, that the rel .esentatives of tn
crusaders were kept too busy wit
the grand jury to cut out any rey
work and contented themselves wit
laying three or four information
against speak-easy keepers in Alder
man TIowe's court. The warrant
will likely be served today, He coul
not say whether or not the discoverie
made or Sunday last by the picket
who were about TO observe the eff
fects of the crusade would be used a
| evidence.
In the case of James c. Taylor, O
Ninth street, who was discharged b
Alderman Howe, Saturday, because q
an error in the information, a neN
| warrant was sworn out charging sell
Ing on Sunday.