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FOUND GUILTYofFRANK O’BRIEN’S CASE DECIDED BY JUDGE OGDENThis Being a Test Case Many Town Suits Will Now be Avoided.Judge Ogden yesterday decided the case of the town of Berkeley vs. Frank O’Brien, charged with selling liquor without a license, and rendered a decision in favor of the Town, and upheld the decision of the Justice’s Court in pronouncing Mr. O’Brien guilty as charged.This case has been a very important one both for the saloon men and for the town of Berkeley and the town should see that the fine of $25 is remitted, because Mr. O’Brien was willing to be arrested in order to test the law.When the old Board were in office they passed an ordinance fixing the liquor license at $100 per year payable in advance. Twelve saloon men at once paid this amount and received their licenses, which authorized them to sell liquors until April next.Mr. O'Brien had not received his license although he had tendered the money to the marshal. That officer was just going out of office at the time and he refused to accept any money for licenses as he had closed up his books. Several other saloon men also made a tender of their $mo but they I were refused on the same account. !s j The Board of Trustees then deter-i mined to test the law and Frank r O’Brien agreed to be arrested in order ; | that the case might be taken into thef Courts.I. He was tried fcefre Justice I,ord,11 having waived a jury in order that the j case might be tried upon the law and | not upon the facts of the case. Judge Lord decided that he was guilty and sentenced him to pay a fine of $25 or to serve twelve days in jail.I Mr. O’Brien, through his attorney, then took an appeal to the Supreme Court and one week ago the matter came up and the case was submitted upon briefs.Judge Ogden took the mlatter under advisement and yesterday he rendered his decision sustaining the verdict of the lower court.'i bis was a very important case be cause it challenged the validity of the | new charter and covered many other | points upon which suits against the town ! might be commenced. In the light of I this, and to the factthat Mr. O’Brien vol-j unteered to be the man arrested, his ! line should be remitted, and we believe that the Board will do so.Some six or seven other saloon men were arrested shortly after Mr. O’Brien under the same law, but now their cases will have to be thrown out of court owing to the fact that the new ordinance to be passed this evening will nulify the old one under which the warrants were issued.let
Newspaper Details
Berkeley Gazette
Berkeley, California, US
Fri, Sep 13, 1895
Page 3
Full Page
Clipped by
Anonymous
USA 19 Dec 2024
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