Show JUDGE RECEIVES DEEP QUESTION Liquor Law Tangle langle Is Up to Hendricks for Settlement Whether Daniel Ong On 93 3 years ears of age ase a Chinese residing resl ng at 2466 LIncoln avenue Is discharged front from the tho custody of the th court or stands trial on a charge of I havIng liquor in Ills hIs possession Is now in the hands of City JUdge I John A Hendricks Judge Hendricks this mornIng took the tho case under advisement 1 Attorney James A Howell for forlOng lOng Ong argued two pleas in 10 bar or of prosecution The fir firs that h b had been once In j jeopardy and the tho second that tl he be hod been acquitted on a H charge oc 01 having the same fame liquor In hu hiu possession Ong One is proprietor of A n tile 1110 store storo at 2 2466 Lincoln He was arrested on Jan 7 1 and charged with having lIa ll in On Jan 8 Judge Hendricks Hendrick dismissed the complaint upon me- me meion mo motion mo tion ion of Assistant City Attorney AttorneyS S E but Org was ar- ar arrested arrested ar arrested rested on Jan 19 IS on a 11 l bench ench rant vai-rant and charged with the santo sarno offense In connection with the thc same samo set sel of oC circumstances sue sur- surroundIng rounding tur-rounding roundIng his arrest on Jan 7 Judge howell contended that the tho dismissal would n t tuto tute a II bar under the common law nor under the but that it Ii does doell doc con a bar bal under the state statutes A juan cannot be prosecuted twice t for tor the santo same offense c If 11 the Ille complaint bo be once dismissed ho bo declared and rend read of the law v and quoted Assistant City Attorney S E 12 alJ gt at are the case in b be- be behalf bu h half lf of at the city an and contended that JudGe howells howell's cases tu Ire not hot In it point He lie aso aiso quoted ed several of at the sections of the statute but them different interpretations declarIng declaring ing lag the the Intention of o the legisla legisla- legislature legislature legislature ture when It ft passed the he laws law's was for Cor a different purpose entirely Both Doth attorneys agreed that the case has hns never teen been passed laMed by a supreme court of or this state It Is possible that it will be car car- carried car carried ried ned to that court final settlement is effected Mean Mean- Meanwhile Meanwhile while Ong Ons Is at Jil liberty under ball bail nn |