Omaha daily bee., 1909-10-19
Nebraska
TEST OF EIGHT O'CLOCK LAW
Validity Of Act is Argued and Case
Submitted to supreme Court
IN SALARIES STAYS
Bafnlfng Law ERocked cut, hut AB-
Bropriafaon BIu Provided for Pay
menf Of Employees Of the
RANKING Board.


- 49,
LINCOLN, Oct. 1G-speciaI Tslegram)-
The tate OF the s O'Clock closing law now
rests with the supreme court The appeal
OF Frank Dtnuxzo Of Omaha convicted
In the lower court Of Douglas county OF
selling liquor after 8 o'clock at night and
which resulted In the revocation OF his
license under the daylight saloon bill was
argued % the court to-day The defendant
was represented by Weaver & Gliler and
the law was defended Dy the attorney
general and L d Holmes. who secured
permission this morning to appear as a
friend OF tha court
In the opnosinon TO the law. which they
held is demonstrations. the attorneys for
pinuzzo gave the following reasons:
Bucause IL conUravenes section 2 article
IA or me aouEiituti0n which provides thar
every bill small be read at large on three
differLut days before The house and senate:
no hfif snali contain more than one sub
1eer and no ACT shall be amended unless
the new ACT shall contain the sections 50
amUnd~d aud the SECTIONS so amended snall
be r-pealed.
Because the law cuntravenes the cunsti-
tuition. section L. article iii. which provides
thar no bill shall contain more tnan one
subject and the same snail be clearly ex-
pressed in its uUe-
The amendments TO section IA are not
germans 70 me subject II denies the
noensee the right 70 a trial by jury on the
appeal.
- EA1HAAAA 81 AAEH AAM
cruei ana unusual punishment contrary
TO stats and federal constitutions.
II amends tne charters OF cities and VIII
qnirementS-
For the state. the attorney general con-
tended the new act is not in conflict with
the SlOcumb Law. The power OF a com
munity TO grant a license and regulate
the. liquor traffic. he argued. is not mod
ind ~ the new law The community, ne
- ...-- --M -
uiEoon OF the liquor traffic. The attor-
<ney general commended there is no merit
in the claim OF the defendant. that be-
cause the saloon keepers OF Omaha had
paid their license Tee. expecting to keep
open until midnight. they should be al
lowed 70 do 50. because the licensee has no
vested right in any sense that IL cannot
be lawfully abridged The punishment. Mr..
Thompson insisted. Is not unusual or cruel.
in thar IL Is only a Ene OF 500. the rsvo-
cation OF the license following as a con-
sequences as IN abarng a nuisance
Increase I'm Salaries Go.
The decision OF the federal court in de-
ciaring unconstitutional the bank guaranty
act viii NOT affect the increased salaries OF
the office employees OF the staae Banking
board Thinking the secretary to the board.
the chief clerk aud the stenugrapher were
going TO be appointed by Governor Shall
lenberEer and would be prey for the demo-
cratic state committee in campaign time,
the Legislature Increased the salary OF the
secretary d.Wo a year; the chief clerk 800
and the sfenoRraphers $50 a year. The
appropriation wan made. for these amounts
Innsmuch as IL has been customary for
the auditor to pay salaries according TO
the appropriations. the persons Interested
will. IL custom is followed. secure the in
- - eN.r R.-4 thai
the acr Is knocked cut
Row over Law enforcement.
The city OF Lincoln is certainly up against
il over the row between the legal depart
ment OF the county and OF the city. As the
county attorney could not get the support
OF the city authorities In his efforts 70
clean out the prescribed district he has
called upun the city attorney TO do some
work IN police court. The city attorney
comes back with the statement that IL is
the duty OF the cnunry attorney to do his
duty in the police court and the city at
torney is not required to be present at
every session OF the court
In the meantime Acting Chief Malone Of
the police department has his back up and
has notified the legal department that
hereafter in special cases IL viii be NJ to
the county attorney TO issue warrants be-
fore arrests will be made He believes re-
suits viii not be as satisfactory under this
procedure, but as IL is the wish OF the
excise board he viii follow this plan Tor
ma present
L. o. o. p. Grand EOdEe
This grand lodge independent Order OF
ODD Fellows VIII bsgip is annual meeting
in ths senate chamber tomorrow and a
large crowd OF delegates is expected. The
- Wamuwumal 7. hwWu.