People v. Ackerman

• Decision Date: 09 May 1890
• Citation: 45 N.W. 367,80 Mich. 588
• Court: Michigan Supreme Court
• Parties: PEOPLE v. ACKERMAN.

45 N.W. 367

80 Mich. 588

PEOPLE v. ACKERMAN.

Supreme Court of Michigan

May 9, 1890

Error to superior court of Grand Rapids; EDWIN A. BURLINGAME Judge.

Pub Acts Mich. 1887, p. 455, � 17, requires saloons to be closed on all legal holidays.

L E. Carroll, for appellant.

S V. R. Trowbridge, Atty. Gen. and William J. Stuart, Pros. Atty., for the People.

MORSE, J.

The defendant was convicted in the superior court of Grand Rapids upon an information under the liquor law of 1887 of having kept open, as the agent of one Henry Huber, the saloon of said Huber upon a legal holiday, to-wit, the 30th day of April, 1889. Two objections only are urged against the legality of this conviction: First, that the 30th of April, 1889, was not a legal holiday within the intent and meaning of the statute; and, second, that, as there was but one business carried on at this saloon, and that by Huber, and as there could be but one violation of the law in keeping the saloon open on that day, and Huber had been convicted of this same offense, the law had been vindicated and the punishment meted out and justice satisfied; and, as Ackerman was there working for Huber, who was present, and under Huber's direction, he should have been acquitted.

1. The statute defines a legal holiday as follows: "Sec. 1591. The following days, viz., the 1st day of January, commonly called 'New Year's Day,' the 22d of February, commonly called 'Washington's Birthday,' the 4th of July, the 25th day of December, commonly called 'Christmas Day,' the 30th day of May, commonly called 'Decoration Day,' and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting and prayer or thanksgiving, shall, for the purposes of presenting for payment or acceptance, and of protesting notice of the dishonor of bills of exchange, bank checks, and promissory notes, made after this act shall take effect, (also for the holding of courts,) be treated and considered as the first day of the week, commonly called 'Sunday."' 1 How. St. 455. Upon any and all of these days the liquor law of 1887 provides that the saloons shall be closed, as the holidays defined as "legal holidays" in the act of 1887 are the holidays prescribed by the statute above quoted. See Reithmier v. People, 44 Mich. 280, 6 N.W. 667; Pub Acts 1887, p. 455, � 17. The 30th of April, 1889, was a legal holiday within the meaning of both statutes. The use of the words "any day," instead of "the day," shows that the intent of the legislature was not to limit the holidays to the general Thanksgiving day, which is now by proclamation made every year a holiday,-a custom extending back beyond the memory of the present generation,-but to all days designated either by the president or governor as a day of "fasting and prayer or thanksgiving." The 30th of April, 1889, was known as "Centennial Day," and by proclamation of the governor of this state, dated April 19, 1889, was specially set apart and recommended as a day of general "thanksgiving and praise to Almighty God." The courts take judicial notice of such proclamations, and as they are published in the newspapers, weekly and daily, it is not to be presumed that any citizen is ignorant of them; nor will liquor dealers, or other business men, be permitted to plead such ignorance in excuse for a non-compliance with, or violation of, the statutes relating to legal holidays.

2. The second objection is also untenable The statute of 1887 provides (section 24) that "all persons engaged in the business of selling, or keeping for sale, any of the liquors mentioned in this act, whether as owner or as clerk, agent or servant or employe, shall be equally liable as principals for any violation of any of the...