The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-16
DEMURRER is oVERRULED;
BUTLER'S TRIAL NOV. 10.
Continued From PAGE One.

he could not see the materially OF the evil
dence as far the affidavit outlined it. lie
said that he must know how the witness
obtained his knowledge that but two visits
were made.
Thomas J. Rowe arose for the defendant
and asked the courts permission 10 state
the matter more clearly. and wSs granted
81. Further argument was extensive both
Mr.. Folk and Mr.. Rowe taking part Il
was then that the DEFENDANTS answer 10
the charge was brought out. Rowe said
that Mccarthy could swear that he drove
in a buggy to Chapman's house with Butler
on two occasions, and that these were sub
EeQuent 10 October =
Mccarthy would contribute toward prov
ing that only two visits were made. and
that other witnesses would be brought FOR
| ward 10 effectuaIly demonstrate this point.
Mr.. Folk had the floor and was answering
Rowe when Judge Hockaday interrupted and
gave his ruling.
High standard for Jury.
The Judges charge 20 the sheriff in re-
/ gard TO the special jury venire was eXten-
sve He ordered the Sheriff TO spare no
| pains IN this case 10 search the couDty over
for sober men, moral men. men noted for
high character. high intelligence and god
citizenship. and 10 be back with them In
court at O'Clock on November IL"
Attorney Rowe. the Butler ease being thus
passed over. left court at 4,O5 .. m and
caught the 4:l5 train from here 10 ST. Louis
The remainder OF the Witnesses and princi-
pals here remain until tomorrow.
Colonel Butler and his family Will depart
for home tomorrow on the l;4o Wabash
train. and this also viii convey Mr.. Folk.
Mayor Wells. Health Commissioner Stark
iofT and nearly all the witnesses
Mr. Folk will return to take w important
Grand jury work The latter body will take
up pressing matters on Friday. These. say
Mr. Folk, have TO do with the lighting bill.
and the Circuit Attorney adds that the
measure has not yet been fully heard from.
Il happened thst Judge Hockaday has con-.
tInued the Butler trial to the day set for the
Nicolsus case.
Unless the attorneys for Nicoiaus consent
to take up their case at an earlier date. It
n1st be set a week OF more later.
Mayor Wells was entertained tonight here
by the Sigma Chi fraternity OF the Univer-
Eity Of Missouri An informal smoker was
the programme. The Mayor was q member
OF this fraternity during his stay at Prince
ton University. Doctor r. H. Jesse. presi-
dent Of the university. and Doctor C. L.
swigGett. professor OF German. were pres
Eject on Garbage Contract.
The opinion rendered by Judge Hocka-
day. effectually disposed OF what would
have cut short this trial. and probably
smashed the case against Butler. II also
has an important bearing upon the city OF
St. Louis in relation 10 the garbage con-
tract In It Judge Hockaday followed the
previous opinions OF former City Counsel
lors Schumacher and Marshall. the latter
OF whom Is now the Chief Justics OF the
Supreme Court.
Text Of Demurrer.
JUdEe HOckndAy's decision on the dsznurrsr
me aemurTrr in this eass azsAIs the indics-
Tnese o5jectohs viii bS ooaIidsTsd In their in
v~rss OrSsr.
Ths sixth point contains the general arr-rnent
that the ildletment is repagnsnt and f4ils 10
Ny conclusion on tnis objection "a that the
Indictment Is sgnlelent In form and contaiss an
under The EtAtSte. and Z sufficient % cally "a
sssDds chSTred his s All he IsW r.slEss a no 10
Constitute a good Indictment.
Ths 9Th objection is not we'll taken. for IN.
reeson thst the clause AH.alled does not bear the
Sivs 1--WE IL I'''OA '' - o'1i'' 'e'''A 10
son thai Il is sssry mPnsd By the ssF terms ;Hn Of
the ordnance quoted in TIE Indictment that the
Sshsif Of The eitT Of 81 LOUIS No other ne CON ln
strueti0n could Be put upon It
The third objection cannot Be entertained for
" the o4haSo. aSs issss ..s e 1ShRE 10 III n. In Sss
s,,o IA eSn; Sy any KIND q rsasonahls 5tsrprs-
poeT q iSe Municipal xss,nSly "s or t6ss ahS
Hsah d.s n: Sgs Shs, al pSsrs % svss ne sos
isteTiHl and admiuistrablS.
rent VIII be considered toEether as ,hey involve
ths only serio0s questions IN the case Under
IN ne indistIesat = eiaInsd q DE ds@1rrsr
The entire ordinance not prosuced or rad |
an fo-esd 10 PAS uSon u he vSiIalSy sr,3 ana a.
trag1oentary parts OF It quoted In The indies-
Tbs position of the defendant is tha, thar.
70 enact aa ordnsnee anthoriIinE the sos1s ~
Health 10 make the contract contemplated hy the
RsV I Of hs Is eas that aSHi ss. Sns, .. 'G 1S
elusive power 70 make such 4 contract is lodged |
In order 70 determins this question 1t becomes |
Charter and consider TIE Instruments as a whole
in order 70 arrive AZ the legislative intent IN ths
powers and duties 70 % conferred upon each of |
Bessdes various other departments provided !
under the Charter. there are two boards created /,
in he city rsvernent-the BoalS q PuSs f55.
proyenslts Hnd me Board Of Hesith-One repre- |
eminent and the other coming more properly ,
TIE Bosrd OF Public improvements consists OF |
Wharf Commissioner. This beard under IRE /
Charter has charge Of all the public works and i
improvements Of the city In the several de- l
board. they have only an Incidental. but di- |
rect connection with the Health Department
The purposes and duties OF the two are entirely Il
distinct and knowledge Of the condition. wants /
and necessities OF each other can only be general
The duties OF the Commissioners composing the /
Board OF Public improvements all In con- /
nection with the public works and improvement i
and limited by the Charter. II certainly nos i
the purpose OF the Legislature 70 blend the duties
and responsibilities of these departments with
those Of the Health Department
The aims and purposes OF the two departments I
are entirely foreign ard distinct. With. Therefore
theFe distinctive features In theae two boards the
plated in section q in which the exclusive righ;
70 contract was conferred upon the Board OF 4
Public Impr0yerlentG7
was IL ali work OF the city Of every character
or Was Il simply the work Of these general de- 4
paFtuenta desiEnated In the Charter as The
public works and Improvements of the city,
The reasonable and practical solution of the L
question u seems. would Be that they could CON
specfive denartments- with these they would b \
familiar The value and necessity Of such work /
would come under their daily observation. and Z
they would Be specially adapted 90 contract for 1
nsi, 10 hold that thev should be IN. sole eon-
tracing power for the ctv. and that every other 4
moi oniy BE- cunbersome. but wholly irrp-acticabis
and unrea sonable Under such construction ]
every other department OF the citr would los. fts
IDENTITY and the whrie would be rubordinated 4
and merged IN the Board OF Public Improve
But il Is eontended IN arguments that under the /