The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1903-07-20
Judge Sanders Knocked the
1890 Ordinance To-day.
He Gives Several Reasons Why it
Is Null and
Void
MAKES SOME SIDE REMARKS

clared null and void by Judge ID. l..
Sanders In the police court this morn
ing, the warrants against W. @. Gray
and Charles Graham for violating the
ordinance being dismissed on demurr-
er. Judge Sanders In his decision
makes some strong points. Briefly, he
said the ordinance had practically
been declared invalid by the court of
appeals, which stated that Judge Hus.
bands should have admitted the an
swer offered to be filed, setting out
that the ordinance was null and void
because il had not been properly re
corded in the municipal boards jour
nal and published. The failure TO al.
init the answer, which would have re-
suited in the courts declaring IT in
valid because the proof shows it was
not recorded according to law, caused
the case to be- reversed. This means it
10 sent back to be tried according TO
Il Q court OF appeals direction, which
is TO allow the answer filed, and thus
show that the ordinance was not pro-
perly recorded, and is consequently
void.
Judge Sanders also made anoth her
point, which was that if he should
fine the accused, Gray AID Graham.
they would appeal. make the point
that the ordinance was Invalid, and be
sustained, which would make the city
liable to every one Of the sixty or
more saloonkeepers for oil the bust
ness Of which they had been unlawful
ly deprived by early closing. The
court expressed the opinion that the
privileges Of no liquor dealer can be
curtsiled after the city has issued the
license and taken his money. Laws
regulating the liquor traffic. like laws
fixing salaries, must be- made before
hand.
Judge Sanders made quite hit in
his side remarks. He said saloon men
were no more TO him than anyone Else
when it came to interpreting the laws.
but that they were just as much and
entitled to just as much fairness and
Justice as anyone else. That Q few
people stood around and talked about
MIN. Judge Sanders, because he differ
ell with them regarding what is law,
and Boosting that he would never be
elected judge again.
81 want TO say for their benefit" he
declared that my term does not ex-
pire until January two years from next
January. One man in particular who
is candidate for high office. is doing
good deal Of talking, but il didn't
have any more show to be elected to
the office than he does, would never
be . candidate for anything. But /
don't care anything about those PEG
pie who back bite a Judge for deciding
laws in accordance with the law as ne
understands it, and not as they want
1t decided. I'll say further that this
candidate for high office probably does
not know that have been urged by
hundreds OF people to run for the very
office he Is now . candidate for, and
while I an not going to run, I'll make
him realize before the primary that
I'm in Paducah."
Judge Sanders decision in full is:
Paduoah Police Court,
July II. 1908.
City of Paduoah versus, Graham and
Gray. Breach Of ordinance.
The same questions involved in
these cases now before the court were
passed upon by this court in the cases
of James MoNulty, ETC.. and were car.
ried before the MoCracken county cir
cult court by ex parte petition and by
T. p. Tocf to the court Of appeals.
After . presentation of the facts and
decisions Of the courts bv Messrs.
Thomas e. Moss and J. @. Flournoy,
attorneys for the defendants. and j.
q. Gilbert for the prosecution l still
entertain the same views advanced by
ne in q former opinion and more SO
since reading the decision of the court
Of appeals The following are my rea-