The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-23
TRIAL BY JURY
IS not NECESSARY
POLICE JUDGE DIDN'T ERR IN
MARCINIAK CASE.
Supreme Court Holds Sunday Saloon
Ordinance Valid and Rules that Trial
Of Case without Jury Was Proper
Appeal Will Be Carried to Federal
Supreme Court.
SyIIabi of other supreme court deci-
sIons Will be found on page !.

syIIabi Of other supreme court dec-
sIons Will be found on page !.
Juries are not necessary in the trial
of minor criminal cases according
to a decision handed down by the SUI
preme court today in the case of the
state against Val Marciniak, convicted
in the municipal court of keeping sa-
loon open on Sunday. The lower court
is affirmed and the defendant denied
a new trial. Defendant will appeal to
the United States supreme court.
The ordinance under which the de-
PENDANT was convicted is held to be
valid and it is held further that the
local municipal court has jurisdiction to
try and determine all criminal cases
arising and triable in the city of Min
neapolis providing the punishment does
not exceed fine of 500 or ninety
days. Imprisonment. -
| The decision is an important one, as
the case is a test Of the present prac-
tice in the municipal court. Arguments
were, presented to the supreme court by
Jackson and E. S. Gary for the defend
ant, who is backed by the Retail Liquor
| Dealers association. -
| The decision unfolding the trial with
out jury was expected, as the point
has been raised and so decided before
by the Minnesota supreme court, but
the real test will come when the case
court. 49,. ~ ~. / = r.. -l..-..
| Defendants counsel ! contend that
plainly under the. constitution every
4 citizen charged with crime, however
trivial, is entitled to trial by jury
of his peers. They feel SO sure Of thei1
position that they are willing to risk
their time and regulations in an appeal
| - of Ao% 0r% ~
The syllabus Of the supreme court fol
lows: ..@.
State Of Minnesota, respondent, vs.. Val MARGIN
| lax, appellant. 44,5e, n = il .#s, 80
Syllabus: The defendant was convicted in tn
municipal court of the city Of Minneapolis O.
a violation Of an ordinance of the city, re
quiring saloons to be, kept closed on Sunday
Held .->.s ;,s..- ~ *5@.
First-The complaint stated facts sufficien
to constitute an offense under the ordinanc
and did not charge the defendant with a viola
ton of any criminal statute of the state.
Second-The ordinance is authorized by tn
city charter and Is not void for the reason tina
in fixing the penalty for its violation the char
ter provisions not followed. The statute
General Statutes 1894, section 1900, requtrin
saloons to be kept closed on the Sabbath day
charter to pass the ordinance. Nor Is it re
pugnant to the statute for the reason that
imposes different penalty for its violatio
than the prescribed by the statute for II
, violation. The ordinance is valid
: Third-The municipal court Of the city {
Minneapolis has jurisdiction to hear and detel
: mine all criminal cases arising in or triab
within the city where the punishment cannt
exceed fine Of 500 or ninety days tmprisol
: ment. --t.... u .a-
) Fourth-The provisions Of the municipal cou
|. act which confer jurisdiction upon ssuch ceu
! to hear and dispose OF in summary way witt
out jury trial ALI cases brought before 1t Fl
, the violation of Ale ordinances Of the city
/. not violate the constitution of this state, n
| Northwestern 1err1tOr
! nor the constitution of the United Safes. II
T defendant was nat entitled to jury trial
this case. =. E51s ts s-z ~ - j.: .zr, =,
Judgment affirmed. -, Start, G. j..