Evening journal., 1900-06-29
HOLIDAYS CASE
WAS DISMISSED
Important Decision by Judge
Ball in City Court To-day
Street and Sewer Department Has
Nothing TO Do With Circulars
Pushed Under Closed Doors

In City Court this morning Judge
Ball gave decision which viii be oil
general interest to the public. but es-
pecially so to that class Of merchants
who are accustomed to do their adyer-
tising by means OF circulars or dodgers.
Some weeks ago the Street and Sewer
Department passed an ordinance pro-
hibiting the distribution OF circulars,
etc, upon tho streets. The resolution
not only prevented this class of adver
tising matter from being circulated on
the streets, but prohibited IT from being
placed in yestibules, yards, etc.
FIRST TEST CASE.
The first arrest under the new law
was made on Monday last, when George
r. Holiday and John Smith We're
taken into custody. The hearing took
place before Judge Ball on Wednesday
last and the court reserved its deci-
sion until to-day. When arrested the
young men We're placing what was
claimed to be a newspaper under the
doors of certain residences. The pub
licatioR was called THE Bulletin" This
fact involved two questions, which
were brought out by the attorney for
the defense, Robert II. Richards. First
Has the Street and Sewer Department
power to make laws that control other
property than that extending from
J building line to building line?, and sec
ond, What is a newspaper?
HOLIDAY DISMISSED.
In passing upon the case OF Holiday
. who was detected In the act of placing
= "The Bulletin" beneath closed doors
e Judge Ball said that the evidence il
= the case did not warrant a conviction
a That it had not been proved that tn
e house in question had a vestibule ant
k therefore the alleged act could no
n come under the ordinance.
g While not desiring to be quoted a
s giving an opinion on the subject, Judg
/ Ball said that he did not believe tha
: the Street and Sewer Department ha
Ie power 10 make a law regulating tn
n placing Of circulars. newspapers, etc
a. under a closed door. What jurisdic
Z tion the department had in case a cir
= cular or dodger was thrown into YES
- thule where it was liable to blow on
upon the street and become a nuisanc
he did not pretend TO say and did nc
desire to pass upon.
The second question involved wa
What is a newspaper? Assistant Cit
he Solicitor Cahoon, in his argument o
Wednesday claimed that "The Bull,
tin was not a newspaper. He gave seN
r. eral reasons, one OF which was that
al had not been entered as such at tn
r. postoifice; another that it had no sui
m, scription list. In passing upon tn
II. question Judge Ball read from tl
Century Dictionary the definition upo
~ which he based his opinion.
ca AS The Bulletin" contained item
z which were mentioned in the defn
az ~ tion the court felt compelled to deciC
=, that the publication was a newspape
and under the ordinance could be di
tributed No clause in the new ord
nance can affect the distribution of q
publication
JOHN SMITH FINED.
Oh The case Of John Smith was som
what different from the Holiday cas-
III He was detected in the act OF givii
he circulars to pedestrians upon the stree
This act comes within the ordinanc
Ie- and a fine of 81 and costs was impose
ar According to the judgment of the cou
re- circulars, dodgers or newspapers ci
pr. now be placed beneath closed doc
s. Of residences, and the person so di
an tributing cannot be held amenah
ID. under the new ordinance.
en-, CASES CONTINUED.
lei' Emma Gould and Fanny Wilson, &C
lel ored, were charged with the larceny
Ap, clothing and jewelry, the property
nal Laura Clements, No 402 West Secol
street. At the request of Assista
City Solicitor Cahoon their cases we
continued until tomorrow mornin
Iall each being held in 5000 bail for the
wn appearance at that time. The wom
md were arrested by Officer Sewell Scot
the William Miller, a small colored be
yed charged with the larceny OF watC
ms. was committed to the care of Age
ore Frank Stout. of the S. p. 9. G.