The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-12-27
This Is What Judge Sanders Decided
In Saloon Ordinance.
Says Paducah Is q Moral Town and
That the Closing Law Is IN
reasonable and Unjust.
MAKES INTERESTING COMMENT

Judge d. L. Sanders, in the police
court this morning, decided that the
ordinance requiring saloons to close at
1890 p. m. and remain closed until
a. m. is unconstitutional, unresson-
able and unjust, and sustained the de-
murrer TO 1t and dismissed the war
rants against James McNulty and
Charles Graham, who were charged
with violating it.
His opinion was oral and consumed
an hour. At its conclusion he was
congratulated on the able discussi o n
and sound arguments IL contained
by a number of members of the bar
present, and by agreement the case
will be appealed to the court OF ap-
pesls to finally pass on it and settle
the question for all time to come.
In beginning his opinion Judge
Sanders stated that he had decided
the questions involved so many
times. and other courts, from the
smaller ones to the court of appeals.
had decided the questions so many
times, that be was surprised that any
body Of Legislators could be so foolish
as to pass that character Of ordinance.
He then read the ordinance, which re-
quires saloons to close at 1890 and
not reopen until g. m, and also
prescribes that all screens must be
taken down and stained glass or other
distractions to the eye removed be-
tween the hours named.
He stated thst the copy Of the or
signed first was defective, as
the time contained in the title did not
conform 10 the one in the body, but
that he would not pass ON that ques-
tion at all, as the original ordinance,
which contains no such defect, has
since been signed by tine mayor.
He called attention to the fact that
every court is sometimes reversed, and
that judges in rendering an opinion
give their own ideas-they
guess" at il, and some other Judge,
In deciding the same case, might
guess" differently. The court OF
appeals frequently reverses itself,
hence no court can hold itself mp rs
and he only claimed in CIV
ing his views that he was telling his
guess"
He said that his opinion, expressed
In few words, was that the ordin-
ance Is unconstitutional. That 1t is
contrary to the statute laws of the
state, first because more than one SUBJ
jeot is embraced in its provisions. II
not only specifies what hours saloons
must close. but in addition requires
saloon-keepers to keep screens down
and remove stained glass. He said
that he had no regard for an caves
tropper and didn't think the screen
idea good one, nor one that would
rebound to the good morals or comfort
Or health of the community.
He said no one had . right TO be
spying about on . mans private bust
ness, and he didn't believe saloon keep
ars should DO required p take down
screens and people perhaps be com.
PEELED to see how he conducts his bus
mess.
He said the ordinance Is unoonstitu-
tional because IL does NOT conform to
,ur magma charter, and seeks to deprive
, class of citizens Of their liberty and
The control Of their own business,
which. is their private property. That
! man has q right 10 manage and en-
10y his avocation IL IL be a legitimate
me, and such an ordinance y;events
he enforcement Of the golden rule-of
ioine unto others as one would have
hem do to you. II tends to make the
aloon man. who is pursuing 9 legiti-
nate business. slave and IN outoast,
md makes the council appear as an
Indian Rivsr" as,for consideration. 10
ave the raloon keepers the right TO
10 business In the city Of Psduoah
Turing any hours except ON the Sab
18th. and thst 10 by the ordinance af.
O. getting the money, II sought to de-
xkasra Of . portion Of shae pr1vi-