Omaha daily bee., 1909-07-16
END SALOON TEST TOMMORW
Judge Crawford Will Make Ruling on
Dinuzzo Case Then.
CoNsTITUTIoNALITY IS ARGUED
Lawyers for Saloon Keeper Make
Much of Contention That O'clock
Law Illegally Amends
slocumb Act.

Is the Limitation Of hours within which
saloons may operate germane or pertinent
to the limitation of the sale of intoxicat-
ing liquors on election days and Sunday?
That Is the main question TO be decided
by Police Judge Bryce Crawford in set
Ting the case being tried before him as a
test of the o'clock closing law for sa-
looms. II It is proved and decided that
the daylight bill is germane and, therefore,
constitutionelly an amendment OF that
part of the Slocumb law, which prohibits
the sale of liquor on Sundays and election
days, Frank Dinuzzo, the Twelfth and
Douglas street saloonkeeper on trial, will
be subject to a fine OF 500, and an order
by the excise board for the revocation of
his license.
The hearing has been continued until
Saturday morning, when, the judged an
nounced late yesterday afternoon, he
would decide the case. Practically all Of
the argument has been completed. After
a decision is reached in the Dinuzzo case
the case Of Jens Jensen. Thirtieth and
spaulding streets, will be disposed of in
the same manner, It having been set to
follow the Dlnuzzo case. on which a test
of the new law is being made
Besides reading extracts from records of
ney Giller for the defense did little during
the afternoon session, which lasted from
until $3.50 o'clock. The main argument
throughout his extended talk was on the
contention that the title OF the law was
not broad enough constitutionally to allow
the addition Of the daylight closing amend
ment, and that this amendment as an
addition to section IA of the Slocumb law
was not germane to that section.
He also pointed out that the s o'clock
law was really an amendment OF section
% OF the Slocumb law, which gives cities
and towns the right to fix the hours of
the opening and closing of saloons. He
contended that such an amendment was
unconstitutional because that action could
not be taken by just passing contradlc-
tory law.
Lawyers shed Coats.
So long drawn out did the hearing be-
come that Judge Crawford finally left
his bench, got down in front of the bar
with his back TO IT, his elbows resting
OH it's edge, his coat off, shirt sleeves
rolled up and a stogie unlt In his mouth.
All three attorneys discarded their coats
early in the afternoon. So many law books
were brought TO the court room by the
lawyers for the defense that when one OF
them was set down on the others, which
lay strewn all over the table two hats
fell OFF, there net being room enough for
the hats and all the books. The volumes
had to be taken from the police station
in an automobile, for they could not all
be carried by the two attorneys and their
client
Fully twenty-five saloon keepers listened
TO the proceedings of the case and Rev.
B. F. Fellman and L. ID. Holmes of the
Anti-Saloon league sat close to the law
yers' table within the rail- and the rest OF
the court room filled with interested per-
sons.
Detectives Ferris and Dunn were first
called by City Prosecutor c. T. Dickinson,
for the state, after which two men, Harry
johnson and Charles Daily arrested by
the Taiding officers, were placed on the
stand Through the testimony OF the -four
witnesses 1t was developed that liquor had
been sold and consumed in the basement
OF the saloon at 1902 Douglas street al
10 o'clock the night Of July TO- that Franz
Dinuzzo, proprietor OF the saloon. had KEEP
the street door closed, while a negro EN-
ploye. whose name and description wer,
not given by the witnesses, dispensed tn,
| liquor.
| Patrons Set Free.
A motion by the defense for a dlsmissa
was made after the witnesses had been ex
amined, but Judge Crawford overruled Il