Evening journal., 1909-11-26
TTNrn rnD
TINED TUN
SUNDAY SALES
Magistrate Hastings Imposes
Blue Law Penalties on Six
Defendants
JONES WOULDN'T PAY;
TAKES OUT CERTIORARI

Deciding that there was sufficient
law TO give him jurisdiction in the
Sunday closing cases brought before
him as a result of the Law and Order
Societys crusade, Magistrate Washing
ton Hastings this morning passed
judgment in the cases.
The list Of defendants and disposi-
tion made OF the cases follows:
John Il. Jones, cigar dealer, SS fno
and s5.13 costs. Mr.. Jones was COM
mitted to the workhouse for twenty
four hours IN default OF payment OF
the fine and costs, but took out a writ
of ccrtiorari
Benjamin T.. Rawnsley, cigar dealer.
IS fine and s5.13 costs. Mr.. Rawnsley
paid
Samuel Katz. storelSeener, IS nne and
s2.13 costs The fine on Mr. Katz was
remitted because he closed his store
I last Sunday and sgnihed his willing
ness TO keep his store closed on Sum
day In the future.
John Il. Connell. cigar dealer. So fine
/ and SS.13 costs Fine remitted for tho
same reason as that which applied to
the case OF ISatz.
Samuel Hawkins Jr., 81 fine and $3.13
costs. Paid.
John Govatos. candy merchant 50
fine and ss1s costs. Paid.
John Jennis an employe Of Govatos.
81 fine and S4.ia costs. The fine was
remitted because the young man
proved that he was in the employ OF
Mr.. Govatos and did not wilfully vio-
late the law.
The case Of A. H. Ainscow, who was
also arrested in connection with the
crusade, was called ON Wednesday af-
ternoon for trial, but was postponed
until Monday. 20 look up the question
which arose as TO whether Mr.. Ain-
scow was an innlSeeper.
When the other cases were called
: for trial on Wednesday afternoon, that
! OF Jones was the first to be heard.
Frederick A. Davis was the hrat Wit
ness He testified that he was at Mr..
/ Jones's store on Sunday. November IA,
3 and purchased a package Of cigarettes
q He was not cross-examined, and Hor-
o old Smith. another employe OF ths
a Law and order Society, was next call
h ed. He produced a can Of tobacco
which he said he had bought at MI
JonoH'a store on Novcmher a.
sylvester ID. Townsend. Who repfe
sents Mr.. Jones, asked Smith the ques
- tion whether he was working on sun
day when he bought the tobacco. Smith
hosltated and finally admitted that hl
was engaged in gathering evidence.
" Following the taking Of evidence,
Mr. Townsend raised the question OF
Jurisdiction OF Magistrate Hastings in
the case. He contended that the Of
fense came under the class of nuis-
ances. and as such were offonsea
u o..
{ the city Judge had sole Jurisdiction.
Mr.. Townsend quoted authorities to
maintain his contention and held that
> the magistrates only course was either
70 dismiss the defendant or hold him
7 for the city Court
Horace C. Eastburn. who appeared
for the Law and order Society. con-
tended that the charge under which
T Mr.. Jones was tried was not classed
o. under the heading, nuisance in COM
y mon law. and therefore Magistrate
Hastings had Jurisdiction.
= Magistrate Hastings had a doubt
= raised in his mind by Mr.. Townsend'f
argument and decided TO postpone the
case until this morning IN order thai
he could consider the question.
:, This morning Magistrate Hastings
hldNeu tIAl ne uHu gone over the hulI'
critics quoted by Mr.. Townsend. spend.
ing most all OF yesterday In examining
them. yet he could not determine the
matter. Consequently he consulted
with counsel. and the latter. with
a limited time at his disposal. was un-
able 70 give a positive answer as to
the magistrates Jurisdiction, but in his
opinion the magistrate had such juris-
. diction.
Feeling that should the case be
taken TO the upper court on
:. certiorari proceedings, which tribunal
: would then settle the question of
!, jurisdiction. Magistrate Hastings de-
, cided on the course he took.
h. All the defendants excepting Mr.
: Jones entered pleas OF guilty. In
= each case after imposing the fine the
magistrate added "and you are COM
mitted to the custody of the con.
. stable until the fine and costs arr
. paid"
: In passing on the cases Magistrate
/. Hastings took into consideration thi
. willingness Of the defendants to abid
by the law, and in the cases of thos
merchants who kept closed last Sun
:. day. he RENTED the fine.
Il Middletovnn Youth Dead From Typhoi