The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-01-30
HALL CASE
MADE CLEAR
Newly TRANSFERRED Facts Ma
terially Alter Apparent
Complexion Thereof.

Facts that transpired yesterday IN
the Hall case alter the case as II ap-
peared on the facts had been APP
parent prior to yesterday The Zlrkle-
bach case, pending in the supreme
court, is involved in theaequitieS Oh the
Hall case.
After Norman and Goldring had
paid 81, 800 each for licenses TO oper-
ate saloons outside the $1,000 district
as established by the license ordl-
nance. Zirklebach mandamused the
city to accept from him $1,000 for
license to operate saloon outside the
81 900 district. and won his case. line
city carried the case to the supreme
court, where it is still pending, but &C
cepted Zirklebach's 81 900 upon his
giving bond for the other $500, sub
feet to the final ruling of the supreme
court.
Subsequent to this, Hall having
taken out a license for his saloon in
the 1000 district, he offered 81 ,OO0
for a license for his saloon outside the
$1,000. district as fixed by the license
ordinance The city would not ac-
cept the money, and refused also TO
issue the license if he agreed to give
additionally a bond for the additional
81 500, subject to the final action of
the supreme court upon the Zirklebach
case, involving identically the same
principles and questions of law Hall
thereupon continued to operate his Sa-
loon in the "$2, 500 district" without
the city having accepted any sort of
license payment from him. His ar
rest followed
According to a statement yesterday
by one of the attorneys in the case,
counsel for the city and for Hall
agreed to have the case postponed,
upon Hall giving a $1,000 bond in the
form OF an appearance bond, until
they could submit the case to the po-
lice court ON an agreed statement of
facts, it being further understood be-
ween counsel that Hall was to pro-
tect the city to the extent of $500, or
so much hereof as might be necessary
under the ultimate decision of the SUI
premes court in the Zirklebach case.
There the Hall case has rested, Hall
being willing at any time to pay 81 900
and give bond for 81, 500 additionl if
the city will accept it, as was done
In the Zirklebach case under specific
order Of Judge Wolfe in his mandamus
order on the city
The published statement that the
case had been called and continued
daily for the forty-one days of court
since Halls arrest was incorrect
counsel explain. The case being con-
tinued byg consent, to a date to be
agreed on, counsel say, the case should
have ceased to appear daily on the
trial docket, under court customs. II
being carried on the trial docket
however, it was daily marked contin
ued, and these entries led to misun.
1erstanding as to the details of pro-
redure and the misinformation of The
Journal on the point of the reputed
torty-oDe cOntiuances from day to day
Marshal Sanders explained last
night that when a case is continued
to some specific date, 1t is removed
from the trial docket until the date
fixed by the continuance. but that the
Hall case having been continued with
out a specific date being fixed, 1t had
been carried on the docket from day
to day, so that it would be on the
docket any day that the attorneys
might appear and announce readiness.
to have the Judge pass upon the merits
Of the case.
Judge Johnson, meanwhile, has
waited under the agreement of coun
sci, understanding the city to be pro
tected as to license payment and ap
pearance of the accused for trial.