The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-06-20
Judge Comstock Puts
Hole In Ordinance
From Saturdays Daily.

Judge w. L. Comstock handed in
a decision this morning in the case
Of the city against Naiff Aldo and
Joseph Shama, finding the defendants
not guilty of the offense of allow
ing a person under the age of twen-
ty-one years to play pool in the pool
and billiard parlor of which they are
proprietors. This was alleged to be
contrary TO the provisions of a city
ordinance which prohibits persons
under this age to play pool or bill
lizards c. o. Daley, attorney for the
defendants, alleged that the ordinance
was unconstitutional because the
state makes the age limit for this
offense eighteen years instead of
twenty-one
The opinion handed down by
Judge Comstock is as follows:
The defendants are charged with
having committed the offense OF
permitting a person under the age OF
twenty-one years to play pool in
public pool hall, kept by and In
charge of the defendants in the city
of Mankato, contrary to the pro-
visions of an ordinance to regulate
the closing hours of public places
of business wherein pool or billiards
or bowling are played and to prohibit
and prevent the doing of certain
acts therein, which ordinance was
passed on the 28th day of April, 1913
The ordinance provides III rerms
that it shall take effect and be in
publication.
THE record disclosed that ON the
14th day of May, 1913, in the city Of
Mankato, the defendants being ther
and there keepers and in charge O
public pool and billiard room per
mitted one Carlson under the age O
twenty-one years, to-wit: OF the ag'
of nineteen years, and not pupi
in any school, college or university
to play pool upon paying for tn
privilege so to do.
Contention of Defendants.
1T is urged by the defendants tina
the ordinance in question is vol
for the reason that it provided tina
, such ordinance shall take effect an
be in force from and after it's pas
sage and publication, contrary t
section 1l3 of the charter of tn
city of Mankato, which provided tina
no ordinance of this kind shall tax
effect until ten days from the tim
of it's final passage.
This expression does not effec
the validity of the ordinance in que.
ton but only suspends its activit
until after ten days from the tim
of its final passage as provided b
the charter regulation.
Defendants also contend that tn
subject and title of the ordinanc
does not mention minors and is vol
as to all provisions effecting minor
as contained in the ordinance; bl
the complaint in this case does nC
charge an offense by minors bt
does charge a misconduct of the d
PENDANTS in permitting a minor I
play pool contrary to the provision
of section three of the ordinance
question, which restriction is clear
contemplated by the title of the orc
nance.
How Title Can Be Framed.
The title may be reformed
read: An ordinance to prohibit al
prevent the doing of certain acts
public places of business where
pool and billiards or bowling a
played and to regulate the closil
hours thereof without in any ma
ner changing the meaning of q
title and possibly giving it great
certainty, and when so consider
the section of the ordinance und
which the complaint is stated seer
clearly to be within the scope of t
Ntle of the ordinance in question.
THE defendants contend that t
ordinance is unconstitutional, and tn
the charter of the city was pass
to be consistent with and subje
to the laws of the state and that
local charter provision or ordinan
passed hereunder shall superce
any general law of the state def
ing or Furnishing crimes or misc
meanors and that the provisions
the ordinance are in conflict wi
Chapter 572, Laws 1913.
AN ordinance may be valid
part and invalid in part, but I
necessarily unconstitutional becau
of the invalidity of certain parts
the ordinance.
Chapter 572, Laws 1913, provit
that every keeper or person in char
of any pool or billiard room, pub
bowling alley or public place of br
ness where pool, billiards or how'll
are played who shall permit or all
any person under the age of eighte
or any minor pupil of any scho
college or university, 10 play a
of said games therein or to gait
in, loiter in or frequent any 81
place, unless accompanied by
parent or guardian, shall be gui
of a misdemeanor.
ut is clearly the intent of t
statute to permit persons who
over eighteen years of age and
dor fu,aptu-ono uparc OT age and