The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-12-27
is UNCONSTITUTIONAL
Continued from First page.

sell it, and that regulation of the bus
ines in . reasonable way is the best
way Of getting around IT,
That the proper way to go about IL
is to elect men to Office. from congress
down, who will legislate as they want
him to. Let them put up an man for
congress, and IL he gets over 100 votes,
Judge Sanders declared he would eat
them. mot that think these things
are necessarily right" he explained,
but because they are facts. You
must get at the fountain head Of an
evil"
In speaking Of Psducah, in compar-
ison with other cities. he told OF his
recent trip TO Louisvi lie and Lexiug-
ton. In Louisville he found the ga
looms open on Sunday the same as any
other day and theaters were all
open and streams Of the best peo-
pie in the city, he was told they
were by some of his friends there,
were pouring into them. In fact Sun
day was the best night for them.
policemen informed him.
In Lexington. he found right ut the
Cigar stand In the hotel tin horse ar
rangement on which several men were
betting, and in one saloon he found
thirteen slot machines, all being play.
ed by from four to dozen men. He
went to pool room and found many
men betting on races, and upon asking
his friend how it happened, he was In.
formed that mp there they believed in
being "wide-open" and found that 10
brought many people there from all
over the country and had made the
town, while If they had closed every
thing no one scarcely would go there
and the town would be dead. Judge
Sanders said he merely called atten-
ton TO this TO show the difference
there and here. He said that he d;du't
say or want il understood that he con-
sidered these things right, bot that IL
shows that things are much worse in
some places than IN Paduoah, and that
when people try to make 1t appear
that Paducah is immoral TO an unus-
usl degree they are doing us an injus-
tice and the records Of his court will
show it.
In reverting to the saloon ordin-
anoe he said that the saloon men
had a contract or agreement with the
city, for which they had paid their
money, and it was not stipulated in
this agreement that the city could
require them to close at night, or
during any particular hours Of the
night. The city cannot modify this
contract without the consent Of the
saloon man. Further, the ordinance
specifies that the license shall be
revoked In case Of a stated number Of
violations. but the council is the
only body that cen revoke, and
should the cases come before Judge
Sanders the license could not be re-
voked by him. Continuing be said
that there were not only half
dozen subjects, more or less, in the
ordinance, but that It has been de-
cided by the courts and that he be-
lieves, that man has right to con-
duct his private business, II legitimate,
in the manner and between the hours
he sees proper so long as he Is anon
able to the law. That this ordinance
seeks to heap obnoxious burdens ON
the saloon man, discriminating against
him in an unwsrranted and unjust
manner and one not sanctioned by law
That the law attempts to govern .
mans private business and for that
reason is unconstitutional; and last,
but not least, that 1t is Q restriction
that is made, or sought to be made.
without the authority Of any state
law, at least that II there is ANY
state law for IL he has never found
IL.
He therefore sustained the demurrer
to the warrants and dismissed them.
and upon request of Attorney Jesse
Gilbert, city prosecutor. granted an
appeal to Judge Husbands, who will
doubtless pass oE it in short 81 me.
as both sides are anxioos that the
question be permanently settled.
The ordinance that Is thus decided
stitutionsl by Judge Sanders was
passed some time ago after much agi-