Rocky Ford enterprise. (Rocky Ford, Colo.) 1887-1950, 1900-10-26
JUSTICES JUDICIAL JOKE.
Verdict That the Mint Saloon ibid Not
Intend to Violate the Law" When
Running Without License.

Running Without License.
The case Of the town OF Rocky Ford
against jas. X. Dye for Illegal sale OF
liquor was called for last Monday, but
in the absence OF the counsel for the do
tense City Attorney Bcall consented to
continuance until Tuesday Mt 2 p. IN.
Shortly nfter that hour the case was
called before Judge Harris.
Mr.. Rushmer testified that he was
clerk OF the town. He verified the le-
gality Of town ordinance No. 10 rs to
saloon ordinances.
To Mr.. Damcron: There was no II.
cense issued to Mr.. Dye. There was u
license issued to Frank Z. Foley. The
firm Of Dye & Foley have been doing
business under TINT LICENSE. There wins
application made for renewal OF license
by Dye & Foley. 1t contained bond aud
check for 600.
To Mr.. Beaii: The license Of Frank
T.. Foley was granted on Oct. Is, 1899.
and expired tho 18th Of this month. The
application for renewal was acted on by
tho council on the 10th Of this month.
That application was not signrd BY tho
owner Of lot In block A.
q. A. Nelson sworn: Didn't know Mr..
Dye. He had purchased liquor In Dye
4 Folcy's saloon ON tho lSlh. Did not
500 tho man present from whom no puf.
chased. Tho man was b-hind tho bar.
Hs bought n glass oe bcer and half.
pint Of whisky.
To Damreon: Nobody In particular
engaged him To No aud buy the whisky.
NJ. Bcsil protested against tho qucs-
ton ~ to Who in.,i1sici.
Mr.. Damesun insisted. Witness ans
vesed that he vas suss4cd by society
Known ~ tho Law and Order League.
90. Il uas Nrv. Walker. This vss tbs
Whisky p,pdac-,i In court. The bese b
drank. % - 10 be sure u vaa bees. Did
not rcd the compliant be signed In ihts
case. Did not know vhcthef u was Mr.
Dye sold the liquor. II wss not tbs
man In court. II vsa understood thai
he would be paid for dom. this detect.
i've work. Hrv. Walker said be would
get somclhins for hts tins. But tbs
consideration did not cut any figure.
ue sent because no understood liquos
wss being sold individually. He went
again 10 the saloon on Tuesday and
again got liquor. Did not 20 again GO
Wednesday.
Marshal BAtd1tn eGusu. Am &C.
qusinted With Mr.. Dye. Know he plscs
oe business. Was there oa the Monday
In question. H,s place os business sss
open. Drl,ve.ed q message 10 him from
tie mayor On Sunday 10 the effect that
his iseensc had expired on the is.h. That
vas or Saturday. Ms. Dye asked m. 1!
I nol,fed him BY order Of the council OF
bv order of tho mayor. told him BY
oesier o. the mayor.
| Jss Y. Dye svosu: The eoancil hspi
bis mooey and bond. and he told The
nafshal when the council returned his
bond aud money he would close HE -.
loon. A. eopa - HE money 80 returned
be closed his salooa and had hep:
closed ever since.
| NJ. Beaii adiirvssea the court. The
Law required that man have . iiespss
before he cell liquor. A man liera.e,i "a
ell liauoe must - 10 u that the isv re-.
sar,iins liceuse 10 complied With by his
asents NJ. Dye had mol been iesued q
licesse and his application TOT license
did MOI comply with the requirements O!
the town ordinance.
Mr.. Dameron said that his client did
not deny that he continued 10 run his
business for tso days AFTER his license
expired. Bu; the custom In this county
hUu stAte npu Urcu 10 AlpN man To 70
on ceiling liquof until his license vas re.
issued. There vas no evident in,eB, ou
the part OF Mr.. Dye TO violate the lag.
and the intent Was the thing 10 be COO.
.idered by the court.
i Mr., pcali said .....' there bad b...n 10
neglect 10 issue 4 ,,..stnss .hk. had been
consented 10 bs the board. Mr.. Dye hs.l
been duly notified iba. he had no license
The court rendered jud2men, 20 the
effect that while there uas no question
OF the fact II violation Of The Law there
was question az 60 the intent. lie tbers.
fore dismissed the defendant.
IL is we'll know fact tina, the saloons
OF Rocky Ford during the past summer
have been persistent viola,ors Of the
laws provided for their regulation. This.
coupled with the fact tha, tho accused
knew tina, no license had been issusyI,
leaves no foundation for the assumed in.
noccnce Of Dye & Foley.