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Show BILLIARDS A SUNDAY GAME NO AUTHORITY TO STOP THE AMUSEMENT. Judge Murphy Makes an Important Decision In the Case of the City vs. Gua Trolicht. According to a rceision by Judge Murphy of the Municipal court this morning, In the case of the City vs. Gils Trolicht, charged with keeping; a billiard hull In which the playing of billiards for amusement was permitted permit-ted on Sunday, January 30, the city cannot punish a person charged with the keeping- open of a billiard hall on Sunday. If such practices are brought under the ban of the lav it will have to be done under the statutes of Utah and not the city ordinances. Tlie decision was brought about through a demurrer to the complaint against Trolicht on the grounds that It did not state facts sufficient to con-stltute con-stltute a couse of action. ' The contention con-tention of the attorney for Trolicht was that the generic term "amusement" "amuse-ment" In the complaint could not mean billiard playing unless "billiard playing" was specifically pleaded as being an "amusement," "and that the specific pleading would not b6 permissible permis-sible because the ordinance under which the action was brought did not specifically mention "billiard playing" as an "amusement." In rendering the decision the court stated that the demurrer was well taken, and that If such cases were prosecuted, It would hao to be done under the provisions of the state laws rather than the city ordinances "And," said thi judg, "until the city council sees tit to pass an ordinance ordi-nance covering this particular act tbnt Is desired to be prohibited In the city. I shall not entertain such cases. I am not road.v to legislate for the city fathers. It Is up to thom to get Ibolr ordinances In such shape as to cover the things thoy want to pro hiblt or the things they will permit." |