OCR Text |
Show TESTING" 'THE SUNDAY LAW Otto Schneider, a grocery dealer of, south Washington avenue, was tried before Judce Murphy this morning for alleged violation, ot the Sunday elos-Ing elos-Ing ordinance. The defendant offered ' no testimony whatever, hill asked that i tlu case be . dismissed. The court took t he , matter .under advisement. .lames Carlson and David Sending testified that they are members f the Retail Merchants' association of this city and that on Sunday, .Inly 3rd. ' they went to Schneider's grocery storo for tho sole purpose ot purchasing pur-chasing goods from him that ihey might make a case against him for lolaling the Sunday closing ordinances. ordin-ances. They said tbey purchased a can of molasses, valued at 20 cents, and two ice cream cones valued at 10 cents. They knew of no other sales that were made at the grocery htore that day The attorney for the defendant asked ask-ed for the dismissal of the caie on the ground that the slnsle transaction complained of and proved was not sufficient, to support the contention that the grocery store of iho defendant defend-ant was. really open for business that day, the selling of ice eream not being barrel by he ordinances, and for tho further reason that the city ordinance regarding the Sunday closing Is not In accordance with I lie stale law on the same subject. The attorney .stat-ed .stat-ed that the city ordinance permitted 1he sab of certain things, provided for In the statutes, but prohibited the sale of other things, not provided for in the state lav, hence the ordinance is unconstitutional. |