Daily capital journal. (Salem, Oregon) 1903-1919, 1904-04-06
ORDINANCE
PROVES
DEFECTIVE
BOnham and MartiuWhO Were
Employed to Prosecute
Recommend Dismissed

Messrs. Bonham e. Martin. who
were employed by Judge Judah to
prosecute the cases against Eugene
Bckerlen and Frank P. Talllington.
filed an opinion in the city council last
evening that will take the cases re.
Gently instituted against these gentle.
men out Of court with a sickenins
thud. After investigating the matter
thoroughly the attorneys found that
the ordinance which defendants were
charged with violating is in bad shape,
and recommended that the cases be
dismissed. The opinion in full is as
follows:
Since being retained, this morn.
ing, to represent the interests of the
city Of Salem in the cases of the City
of Salem VS.. F. P. Talkington and Eu.
gene Eckerlen, charged with keeping
open their respective saloons on Sun.
day, contrary to the provision of city
ordinance No. 31S, we have, after
careful consideration of the provisions
of said ordinance and the laws apple.
able thereto, come to the conclusion
that said ordinance is so fatally de.
fective that such proceedings cannot
be safely based upon the same.
ut is well established by the law
governing criminal proceedings that
the accused is entitled to be informed
of the nature and cause of the accuse.
ton against him, before he can be
compelled to answer the same. BY
carefully reading section Z OF city or.
dinance 297, as amended by city ordi.
nance No. 31S, it will be observed
that several misdemeanors are named
and jumbled together with a single
penalty for all, but no one separately.
For instance, said section apparently
attempts to denounce the sale, without
license, of spirituous, vinous and
malt liquors in less quantities than
one gallon, by a certain class Of per.
sons or dealers 1t is next made an of.
fense to sell or give liquor to an in
toxicated person or to common
drunkard, and clause in the section
apparently intends to prohibit the
sale or giving away of the different
kinds of liquors on the first day of the
week, commonly called Sunday, and
lastly, a prohibition against the keep.
ing open of barroom, saloon or tip
pling house on Sunday, following
which is an attempt to prescribe a
penalty for the violation of the pro
hibited acts in this language: And
any person violating the provisions of
this section, shall, upon conviction, be
punished, ETC. The provisions of sec
tion 7, above referred to, being numer.
Gus, it appears to us that it would be
difficult for any one to say just which
one of the prohibited acts the penalty
prescribed is intended to cover, If in
deed it can be said to cover any one
separately.
"And we respectfully suggest that
it would be hazardous for the city of
Salem to attempt to proceed under
said ordinance in its present condi'
tlon, and we sincerely believe that
the ends of justice and the mainte-
nance of law and order will be best
subserved by dismisslng the proceed
ings already instituted under said or
dinance No. S1S. and above referred
to, in order that said ordinance may
be carefully revised and amended so
as to make its provisions and the
penalties for a violation of each of the
prohibited acts definite and certain.
Respectfully yours,
"BONHAM & MARTIN"