The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-08-10
JUDGE m. REEDS REBUKE
Comments on Fact That Fake
Tips as TO His Actions
We're Given Out
THE TEXT OF HIS OPINION

In an opinion, which rebukes al
torneys for tipping off the courts
probable action before Judgment is
rendered, Judge Reed, of the circuit
court today, by agreement of counsel
sustained the writ of prohibition to
restrain Police Judge Cross from try
ing Hugh Boyle, on the charge OF vi
olating a city ordinance by selling IL
quor without a license, but refused
to grant such writ, as to warrant
sworn out under the Kentucky stat
utes covering the same ground.
The cases against Boyle were dis
missed in the police court, and Chief
of Police Collins was directed to
swear out another warrant for BOYLE
in the name of the commonwealth Of
Kentucky instead Of the city of Pa
ducah. City Solicitor Campbell and
Attorney Campbell Flournoy agreed
that the city ordinance is invalid, be-
cause the amount Of the penalty diff
fers from that prescribed in the stat
ute. covering the same offense. and a
new ordinance probably will be the
result.
This is a victory for the prosecu-
ton. The statute covers exactly tho
same grounds as the city ordinance,
and the police judge has jurisdiction
to try the cases.
Judge Reeds rebuke to counsel
was based on the fact that two news
papers have published false accounts
of what the court would do. When the
injunction was before Judge Reed.
the papers said he would sustain the
injunction. He dismissed it, They
stated later that the Judge of the
court of appeals had decided that the
mayor has no right to revoke Ii
cense pending appeal of a case from
the police court. The Judge did no
such thing and no corrections have
been made. This morning a newspa-
per said that Judge Reed will this
morning grant an order prohibiting
Judge David Cross of the police court
from issuing any warrants against
Hugh Boyle. charging him under
the ordinance" with selling liquor
without a license. The judge supple
mented his remarks to extent that
he may make a general prohibltory
order, but first wanted to look up
some authorities in the litigation.
"If the judge makes the order
general it will prevent the police
judge from issuing or trying war
rants under the ordinance or statutes
either"
Judge Reed did no such thingy but
refused the writ so far as it affected
the statutory remedy, and upheld II
as to the ordinance, because the ordi-
nance is palpably invalid.
Judge Reeds Opinion.
Following is the opinion of Judge
Reed in full:
81 regret that / have been unable
so far to intimate an opinion in
chambers to the attorneys touching
the matter involved in this contro-
versy without the newspapers pub
fishing In advance what my decision
would be before 1t was rendered
This is unfair and unjust TO the court.
and attorneys in my opinion should
await the final decision OF the court.
AMI not rush in advance to the news
papers to have 1t heralded to the pub
lie as TO what the decision will be.
When the injunction proceedings,
growing out of this same controversy
was before some days ago. 1t was
without my knowledge or authority
published in the newspapers that my
decision would be certain way.
when in fact the decision was just the
other way when rendered In view
of these facts. have concluded to
briefly give the reasons for my con-
illusions and decisions in this contro-
versy.
81 am asked to issue a writ of pro-
hibition against D. A. Cross. Judge