The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-01-13
Rose Law Violators Rough
ly Handled.
LAW WILL Be ENFORCED
If People do Not Like it
They Can Repeal the Law.
Circuit Court Hands Down It's Dccis-
ions i'm the Cases Submitted to IL
During the January Term and Then
AdiOurns.

I'VE did not make the local option
laws and are in no way responsible
for their provisions but so long as
they are operative. they will be en-
forced by this court and if the peo-
pie do not like il, they can vote the
county wet. This is just the old. old
story over again. Violators of the
temperance laws have many very in
genious excuses to make, and the
court would be kept busy If it listen
ed to all of them. We have no time
to spend with such cases and will not
delay the court in considering them
at length. The right to file a petition
in error in this case is denied"
This was, in substance. the declara-
tion of Judeo Michael Donnelly in
rendering the opinion of the court in
the case OF David Whsham, who was
convicted in the mayors court and the
decision being later sustained by
Judge Henderson IN the court OF
common pleas.
Judge Silas Il. HuIin added another
body blow when he delivered the
opinion of the court in the case of
John O'Keeffe against the state. This
was the case in which the policemen
with sledge hammer opened the
safe in o'Keeffe's place OF business
and secured eight pints of liuuor
Judge Hurin stated that the finding
of liquor in a place of public resort
or in any place othertthan in q pri-
vate residence. is violence OF an in
tent to sell and Is therefore unlawful.
The law provides that a man may
| In, Ia
other place.
Regarding the sauctity of the home,
Judge Hurin made some very peril
nent remarks in deciding the case of
John G.. Seits against the state OF
Ohio. Sets was cen by policemen
to sell liquor in his home on north
Prospect street, w.s convicted by the
mayor and the verdict Of the ejmayor
was affirmed by The common pleas
court Judge Hurin stated that Sets
was guilty of the very worst form OF
violation of the local option laws by
conducting his business I'm his home.
He stated that tie man who will
prostitute his home by violating the
local option laws is worse than the
saloonkeeper and though there are
some irregularities n the proceedings.
the court will not retch the law for
the benefit or protection of such a
man.
The circuit cour. late Thursday ev-
ening announced fs intention of re-
porting at $40 o'ciock Friday morn
ing Many of the attorneys could not
be reached Thursday night and Court
Constable Charles Dee hauled many
a them a arlxr 10
ing to inform them that the court
had completed its deliberations and
had arrived at decisions in all of the
cases presented at this term. Many
of the lawyers, who are accustomed to
remain at their offices burning the
midnight gas and who arise CORES
pondingly late on the following morn
ing, came into the court room a trifle
late. rubbing their eyes and showing
evidences of having not yet broken
their fast which began Thursday even;
Ing. 1t was rather a sleepy-ey
bunch which faced the court when
II filed in TO say what IL had to say
And after it was all over there werc
some attorneys who wished they had
remained in bed and completed that
morning nap from which they were
so rudely awakened
The first case to be considered was
that OF Henry Sauer against the state
Peculiarly, the first case was one for
bootlegglng and the last one was OF
the same nature. In the Sauer case
IT was claimed that no service has
been secured and motion was filed tc
strike the petition from the files. The
court held that ample service haC
been secured and the motion to strike
the petition from the files was over
ruled
The John O'Keeffe case was decided
next. The filing of the petition II
error was denied for the reasons stat
ed above by Judge Hurin. The cour
held that the excuses made by
OKeeffe were not valid and th'
judgment of the mayor and the com
mon pleas court was sustained.
Error was found In the trial of thu
case of George w. Clark and Others
against Lenox Reber and the cause
was remanded TO the common plea
court for a new trial. This case grew