The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-08-08
ADVISES ARREST
IF BOYLE SELLS
City Solicitor Denies Question
is Settled Adversely
He Says Revocation OF License Nv
Mayor feiser Is In Full Force
and Effect.
GIVES OUT HIS INTERVIEW.

According to the city's side OF the
contention, the question of Mayor
feiser's right to revoke, pending ap-
peal, the license OF Hugh Boyle. fined
In the police court, for alleged Sun
day selling, never was before Judge
Barker. of the court of appeals. and
any opinion given by the court was
simply an off hand expression given
In an informal discussion between
attorneys and the Judge.
Mayor Yeiser says he will take the
written opinion OF City Solicitor
Campbell and Attorney Campbell
Flournoy. and II they agree. he will
have warrants sworn out for the ar
rest of Boyle for selling liquor with
out license every day he keeps open
his saloon.
This question of the mayors right
to revoke a license, when a man is
fined in the police court, and he ap-
peals. is important to Boyle. who has
appealed from the decision Of the
police court, and wishes to continue
in business.
AT the trial Boyle pleaded not
guilty. but when a witness for the
prosecution took the stand. his attor-
neys withdrew the plea and refused
to plead. Thereupon Police Judge
Cross fined him, but put the amount
high enough so that Boyle could ap-
peal, as he did in a previous case.
when the prisoner refused to intro !,
duce testimony, and his attorney ask s
ed the court to place the fine high
enough for an appeal. II Judge
Cross had fined Boyle less than $40,
there could have been no appeal, and
this question would not have come
up. On appeal in a case of this kind,
the case will be tried all over again
in the circuit court, when. on account
of delay of a couple of months, wit
nesses are likely to go away or to for
get material facts. In this particular
case a witness for the prosecution,
who had been recognized to appear, Z
was missing.
City Solicitor James Campbell. Jr..
says he will advise May
or Yeiser to proceed against Boyle
IL he keeps open, pending the appeal.
In an interview Mr.. Campbell
said
at seems from the newspaper ac-
count on yesterday of the rulings OF
Judge Barker in the case of Hugh
Boyle against Mayor Yeiser, that a
wrong impression has prevailed and
the people in the city who are inter-
ested may be misled as to the attitude
of the city hereunder. The city won
as complete victory as she possibly
could under the circumstances in the
hearing before Judge Barker, for the
only question involved was whether
or not Judge Barker should sustain
or override the order made by Judge
Reed several days ago and Judge
Barker was of the opinion that Judge
Reeds actions were entirely proper,
and sustained him all the way
through
"The final determination of all the
rights and questions involved in the
controversy did not and could not
come up in the hearing before Judge
Barker, and the question of law, as
to whether or not the mayor had the
right, under the circumstances sur
rounding this case, to revoke the IL
cense of Mr.. Boyle, is a matter of
further determination by the circuit
court and II an appeal is prayed to
the court of appeals, 1t then becomes
a question for the court of appeals,
consisting of all the, judges Of the
court OF appeals. to pass upon.
Judge Barker rightfully held that
the determination OF these questions