Show CASE Judge Reverses theDe of Judge Howell in Restaurant Cases In the district court yesterday forenoon Judge rendered a In tho Chinese restaurant eases involvIng the legality of the boxes and booths In the eating houses The decision of the dis court reverses the decision of the lower court In this court Judge rendered a decision against the Chinese which knocked out the boxes and imposed a fine The Chinese appealed the case Instead of paying the line and have now won their case In pert the decision of the court is as follows The sole question je does the main of boxes In a public menace the public health moralS or good order of the community holds that if so it would apply equally to nil other restaurant as veit as colored Ho holds that the of board partitions In eating could not be injurious to Or safety any more than they would be Iii a adry dry goods store or druggists establish meat meatHe He could see no reason that partitIons in restaurants irene a greater to peace or morals than in other stores That the Chinese eating houses kept open at unseemly hours was a matter tor the council to regulate that they were an encouragement to drinking he same argument could be applied to all drinking houses He concludes as follows Being con convinced vinced upon the facts before mo that the section in question establishes an ua reasonable unnecessary and Illegal regu latton of a lawful business I shall be compelled to hold that portion of the or invalid and I shall therefore in instruct the jury t defendants City Attorney prosecuted the cases duct Henderson MacMillan do fended |