The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1906-08-24
INDICTMENT

State Of Missouri
County of st. Francois .
In the Circuit Court of St. Francois
County. Mo-. MAY Term 4, D., 1906
State Of Missouri vs. Frank Byington.
The Grand Jurors OF the State of Mis-
sour, now here in court, duly em-
panelcd sworn and charged to inquire
and true prescntment make within and
for the body of the County of St. Fran
co.'s and State of Missouri, upon their
oaths do present and charge that Frank
Byington. late OF the County Of St. Fran
co.'s and State of Missouri, on the l7th
day OF MAY, 1906, said day being the first
dav Of the week, commonly called Sun
day he, the said Frank By yington being
then and there a dramshop keeper, then
and there did unlawiully sell intoxicat-
ing liquors and suffer the same to be
sold upon and about his premises.
against the peace and dignity of the
State.
And the Grand Jurors aforsaid, upon
their oaths aforesaid, do further present
and charge that Frank Byington late o.
the county of ST. Francois and State of
Missouri, on the 27th day Of May, 1906,
said day being the first day OF the week,
commonly called Sunday, he, the said
Frank Byington, being then and there
dramshop keeper, then and there did
unlawfully sell fcrmented and distilled
liquors, to-wt: one glass Of beer, one
glass OF wine, one glass OF whiskey,
against the peace and dignity of the
State.
GEo. NJ. WILSON.
Prosecuting Attorney.
THR LAW
Sec. 5oII. Keeping Open on Sunday.
ANY person having a license as a dram.
shop keeper, who shall keep open such
dramshop, or shall sell, give away or
otherwise dispose Of, or suffer the same
to be done upon or about the premises,
any Intoxicating liquors in any quantity,
on the first day OF the week, commonly
called Sunday, or upon the day of any
general election III this State, shall, up
on conviction thereof he punished by a
fine of not less than fifty nor more than
two hundred dollars, shall forfeit such
license, and shall not be allowed to OBJ
tain license to keep a dramshop for
the term of two years next thereafter.
The law i, 80 plain "tha; wayfal-
ing men, though fools, shall not err
therein. Yet the Court allows the
defendants to pass off with fine of
$40, when the statute clearly states,
"a fine Of not less than $50 nor more
than 5000 and "shall forfeit such IL
censc.n The Court officers will try
to show that the defendants pleaded
guilty under section 2243, known as
the Sunday law or "tippling' act.
Read again the indictment and also
the law above, and you will see that
the two have no connection. Further,
in both counts the defendants are
charged as "pRAMsHOP-K KEEPERS, :"
not as keeping a tippling house.
Governor Folk, in speech deliver.
ed at Stcwnrtsyile, Mo-, on the Sth,
inst, said: Corrupt men often sup.
port man for Office and demand in
return the privilege of lawlessness "
lie further said, wherever dramshops
are allowed to run on Sunday, in de-
nance of the law, or open gambling is
permitted, the Prosecuting Attorney OF
Sheriff, or both, are either incompe-
tent or are corrupted by money or in
fluencc of some kind. If had the
power ! would remove every Prose-
cutting Attorney or Sheriff who neg
lects his duty in this respect" Draw
your own inference, why the law is
not enforced in St. Francois county.