Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-11-10
Held Only One Subject is Included in
Statute.
DOES NOT AMEND CITY LAW
MUST PAY POLICE COURT FINE
Opinion OF Court Is written by Judge
Rose aud II ConcUrred In by
All Other Members of
Tribunal.
lrrom a sad correspondent)

From a staff Correspondent)
! LINCOLN, Neb Nov. -(Special)-The
S o'clock closing law, known as the day
light saloon law, has been upheld by the
supreme court. The court today AFFIRMED
the decision Of the Douglas county district
court In its action in sustaining fine OF
500 assessed against Frank Dnuzzo by
the police court Of Omaha for selling liquor
after o'clock In the evening.
The opinion was written by Justice Rose,
who holds that the law is not unconstitu-
tlonal that the state has a right to limit
the time for the sale Of liquor; that the
law simply amended that section OF the
! Slocumb law which provided that saloons
should sell liquor on Sundays and election
days; that the subject matter in the law
is not broader than the title.
Does Not violate Constitution.
Tho syllabus does not violate consti.u
The syllabus is as follows:
Chapter SO Of the session laws of 1909
an act declaring by its title a purpose to
amend Section Il, Chapter 5O Compiled
statutes of 1907, and making It unlawful
to sell or give away intoxicating liquor
after o'clock p. m. and before Z o'clock
a. m, is germane to tho amended statute
which prohibits the sale of Intoxicating
liquors days of election and on Sunday,
and the amendment did not violate the
constitutional provision that no bill shall
contain moro than one subject and the
same shall be clearly expressed I'm its
title"
In enactlng chapter SO of the session laws
of 1863 an act amending section IA, chapter
IS Of the compiled statutes of 1907 by in
sertng therein a provision making II un-
lawful to sell or give away Intoxicating
lllcuo:s on days of election and on Sundays,
the legislature did not amend other laws
delegating to municipalities the power to
regulate the traffic in intoxicating liquor,
within the meaning of the constitutional
PROVISION that no law shall be amended un-
less the new act contains the section or
sections so amended aud the section or
sections so amended shall be repealed.
Section IA, chapter so, compiled statutes
making It unlawful for a licensed saloon
keeper 80 Iell or give away any intoxicat-
ing liquor after s o'clock a. .u, and be-
fore o'clock p. m. is not invalldated by
reason of a provision therein which au-
thorzes a fine Of S1OO and a forfeiture of
the license upon conviction Of the licenses
for violating the law"
Hnw Bill Was Passed.
The enactment of the daylight saloon
: law one Of the last acts of the legis-
lature Of 1909 The legislature had killed
, sevc- al liquor bills and has passed a bill
| permitting saloon at Fort Crook which
; Governor Shalenberger vetoed.
, Then the Douglas delegation in the SEN
ate killed bill by Taylor Of Custer county
providing that the votes on the constitu-
tional amendments should be canvassed
by the State Canvassing board, and 1t also
killed the clause in the physical valuation
bhl which included the physical valuation
OF the South Omaha stock yards for which
Senator Ransom the attorney The
Douglas senator's also killed the initiative
and referendum bill which was fathered
{ by Taylor Of Custer.
The high-handed methods Of the Douglas
senators and the subservlency Of the house
delegation from Douglas county incensed
the members from out In the state, and as
a death-bed protest they saddled the 8
o'clock closing amendment onto a bill by
: Senator Wiltse OF Cedar county closing the
saloons on primary election day This bill
had been held back as a club with which
to swat Senator Ransom and his hench-
men, ard it was used at the last minute
with telling effect
Put Up to shaIIenberEer.
Then came the fight before Governor
Shelenberger. He had carried Douglas
county on a home rule platform and, ac-
: cording to those who backed him there, on
: a pledge to stand out against any amend
ments to the Slocumb law.
n Thousands Of people besieged the execu-
tive office and during a hearing given
d those who favored the law Ex-Governor
Poyhter dropped dead In the governors
office following a speech he made in favor
. of signing the bill Mayor Dahlman and
\ others from Omaha and elsewhere de-
! manded Of the governor that he make
, good on his campaign pledges and veto
the bill.
, The governor signed the bin and then
Frank Dinuzzo Of Omaha was arrested for
: violating the law and a test case was
{ started Dinuzzo was convicted In the
police court, the conviction was affirmed
! by the district court and has now been
! upheld by the supreme court.
District Court Officers.
After Dinuzzo conviction In police court
the police board Of Omaha was called upon
to revoke his license, pending the appeal.
This the board refused to do and charges
were filed against the board with the
governor Before the governor took any
p action, however the district court affirmed
: the police court conviction and the board
revoked the license. Nothing has ever
been done with the charges against the
! mayor and police board, and they are still
y on file with the governor.
Bucket Shops Win.
Transactions IN so-called bucket shops
2 is not gambling according 70 an opinion
Il rendered today by the Nebraska supreme
e court. The case was that OF Emma L.
Ives against ]. A Boyce, Appealed from
o the district court OF Omaha. The COM
plalnant charged that I'm a deal I'm which
a she suffered a loss of 81, 800 IN stock specu-
lation was purely a gambling transaction.
d The court holds that bucket shop methods
.r are not game Of hazard and the mechanical
o devices used therefore do not constitute
game OF chance. The ruling Of the district
N court Of Douglas county Is affirmed.
.e GIIIer a. disappointed.