The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-17

If Judge George B. Sidener's contention is
correct he illegally sentenced about ISC
persons to the Workhouse and collected
fines from 1900 others while he was Justice
of the First District Police Court.
Under the foregoing section of the general
ordinances of the city Judge Sidener yes
terday contended that the First District Po-
lice Court sessions can be legally held only
at the Four Courts. and not on the second
floor of the old City Hall, where the court
is now located.
This contention came about in the case of
Mary Butler. a negress Under section 1lS1
of the ordinances Judge Sidener entered a
motion yesterday afternoon, after jury
had been selected to try Mary Butler in
Judge Tracy's court. to have the defendant
discharged.
1T is my contention said Sidener adj
dressing Judge Tracy, that you have no
Jurisdiction 10 try this case, and it cannot
be properly tried in this room. AS the ordi-
nance points out the First District Police
Court sessions must be held at the Four
Courts. To substantiate this motion. l re-
spectfully call your Honors attention to a
case from Greene County, appealed to the
Appellate Court The court held that 1t
was a point of reversal when it was shown
that the court had been removed across
the street without legal sanction"
Judge Tracy, IN reply. said: 1T is my
bly, located the First District Police Court
at the Four Courts it did so only as a mat
ter of convenience. hold that the Mayor
and Comptroller had the right to designate
the place for holding this court. II the
Four Courts should burn do you mean to
say that court could not be held elsewhere
without a special ordinance or law being
passed.
In the matter of the criminal divisions
of the Circuit Court I do not" replied
Judge Sidener but with the First District
might be tried at the Courthouse in the
Circuit Courts. but since the ordinance dcs-
isnates the place for holding the First Dis
trict Police Court. l hold that 1t Is Illegal
to hold the sessions elsewhere"
Judge Tracy overruled the motion. and
the case then went to trial before the jury
The citys case proved to be weak and the
defendant was found not guilty.
Judge Sidener said he introduced a ill in
the Municipal Assembly when the court
in 1901 providing for the removal of the
courtroom on the ground that the ordinance
was being violated. The House passed the
bill. but the Council rejected II because of a
clause giving the Judge vacation of TWEEN
ty days with salary. He further declared
that he feared the trial of cases there was
illegal. but he had no remedy.
Judge Sdener stated that he will contest
every case in which he is connected which
comes up in the First District Police Court
Neither Mayor Wells nor COMPTROLLER
Player are in the least worried over the dis
covery made by former Judge Sidener.
As the change in the location of the Police
Court was made before the Wells admin
istration. the why's and wherefores are not
known to the present city officials but it
is presumed that before the change was
made the former City Counselor was con-
suited.
1t is a frequent matter. according to city
officials. for ordinances to be violated by the
officials themselves in cases of emergency.
where the demand is greater than the law
itself.
A busy session of Judge Tracy's court was
held at the old City Hall last night. 1t was
the first night session the court ever held.
The innovation is the result of the over
crowded docket in the First District, caused
for juries.
Jurors Frankel. Butler and Stringers who
were subooenaed for z o'clock, did not ap-
pear. and attachments were placed in the
hands of Deputy Marshal Edward Ratch-
ford with the request that they be brought
before the Magistrate by II o'clock to-day.