At the trial before Brill, J., the evidence offered by defendant in support of her special pleas was objected to and excluded, to which she duly excepted. The jury returned a verdict of guilty, a motion for a new trial was denied after argument before Wilkin, Brill, and Simons, JJ., and the defendant appealed.
The charter provisions referred to are as follows: (Sp. Laws 1868, c. 26, as amended by Sp. Laws 1874, c. 1.)
"The common council shall have * * * full power and authority to make, enact, ordain, establish, publish, enforce, alter, modify and repeal all such ordinances, rules and by-laws for the government and good order of the city, for the suppression of vice and intemperance, and for the prevention of crime, as they shall deem expedient. * * * The common council shall have full power and authority to declare and impose penalties and punishments and to enforce the same against any person or persons who may violate any
of the provisions of any ordinance, rule or by-law passed or ordained by them; and all such ordinances, rules and by-laws are hereby declared to be and have the force of law: provided, that they be not repugnant to the constitution and laws of the United States or of this state; and, for those purposes, shall have authority, by ordinances, resolutions, or by-laws. * * * Third — To prevent any riots, noise, disturbance and disorderly assemblages in said city, and to provide for the arrest and punishment of any person or persons who shall be guilty of the same; to suppress disorderly houses or groceries and houses of ill-fame, and to provide for the arrest and punishment of the keepers thereof." Sp. Laws 1868, pp. 69, 70; Sp. Laws 1874, pp. 30, 31.
"Thirty-fifth — Fines, penalties and punishments, imposed by the common council for the breach of any ordinance, by-law, or regulation of said city, may extend to a fine not exceeding one hundred dollars, and imprisonment in the city prison and county jail not exceeding thirty days, or both, and to be fed on bread and water, at the discretion of the city justice." Sp. Laws 1868, p. 75; Sp. Laws 1874, p. 35.
"Thirty-sixth — The common council of said city may provide by ordinance that any one convicted of an offence before the city justice, subjecting such offender to imprisonment under the charter and ordinance of said city, may be kept at hard labor in any work house established by said city for that purpose," etc. Sp. Laws 1868, p. 75; Sp. Laws 1874, p. 35.
"The city justice for the city shall possess all the authority, power and rights of a justice of the peace of the county of Ramsey under the laws or constitution of the state, and shall have, in addition thereto, sole exclusive jurisdiction to hear all complaints and conduct all examinations and trials in criminal cases within the city cognizable before a justice of the peace. * * * The said justice shall have exclusive jurisdiction in all cases cognizable before a justice of the peace in which the city is a party, and shall have cognizance and exclusive jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forfeiture or penalty under any by-law, ordinance or regulation of said city of Saint Paul or its charter, or for
the breach or violation of any such by-law, ordinance or regulation, and in all cases of offences committed against the same. All prosecutions for assaults, batteries, affrays, and other offences not indictable, and for a breach or violation of any such by-law, ordinance or regulation, shall be commenced in the name of the city of Saint Paul, and the same proceedings shall be had in all civil and criminal suits before said justice, where not otherwise herein directed, as are established and required to be had in civil and criminal actions by the laws of this state before a justice of the peace. * * * In all cases of convictions for assaults, batteries, affrays, and other offences not indictable, within said city, and in all cases of conviction under any ordinance of said city for breach of the peace, disorderly conduct, keeping houses of ill-fame, or of frequenting the same, and of keeping or maintaining disorderly and ill-governed houses, the justice shall have power, in addition to the penalty imposed, to compel such offenders to give security for their good behavior and to keep the peace, for a period not exceeding six months, and in a sum not exceeding five hundred dollars." Sp. Laws 1868, pp. 63-4, § 11; Sp. Laws 1874, p. 27, § 16.
The act establishing a municipal court in St. Paul amends Sp. Laws 1874, c. 1, by substituting the words "judge of the municipal court," in place of the words "justice of the peace for the city" and "city justice," wherever they occur in that act. Sp. Laws 1875, c. 2, § 1.
The ordinance pleaded and offered in evidence is, so far as here material, as follows:
"ORDINANCE No. 10.
"Disorderly Houses and Houses of Ill-fame.
"The common council of the city of St. Paul do ordain as follows:
"Section 1. Any person or persons who shall, within the limits of the city of St. Paul, keep a house of ill-fame or a place resorted to for the purpose of prostitution or lewdness, or who shall keep a disorderly or ill-governed house or place, * * * and all persons, male or female, who resort to such disorderly houses or houses of ill-fame
every person shall, on conviction thereof before the city justice, be punished by a fine not less than five nor more than one hundred dollars, and imprisonment not exceeding thirty days, or either, at the discretion of the said justice, and may moreover be held to bail for good behavior: provided, proof of general reputation of ill-fame and disorderly conduct shall be sufficient evidence that such house is a house of ill-fame, or a place of disorderly conduct, within the meaning of this ordinance."
Edmund R. Hollinshead, for appellant.
William J. Hahn, Attorney General, for the State, cited Mayor v. Allaire, 14 Ala. 400; Vason v. City of Augusta, 38 Ga. 542; Rech v. State, 53 Ga. 73; Severin v. People, 37 Ill. 414; Phillips v. People, 55 Ill. 429; Ambrose v. State, 6 Ind. 351; State v. Moore, 6 Ind. 436; State v. Foster, 33 Iowa, 525; State v. Inness, 53 Me. 536; Shafer v. Mumma, 17 Md. 331; Com. v. Roby, 12 Pick. 496; People v. Jackson, 8 Mich. 110; State v. Oleson, 26 Minn. 507; State v. Crummey, 17 Minn. 72; City of St. Louis v. Cafferata, 24 Mo. 94; State v. Harper, 58 Mo. 530; State v. Gordon, 60 Mo. 383; State v. Wister, 62 Mo. 592; City of Brownville v. Cook, 4 Neb. 101; Burns v. People, 1 Parker, Cr. Cas. 182; People v. Saunders, 4 Parker, Cr. Cas. 196; People v. Cramer, 5 Parker, Cr. Cas. 171; State v. Bergman, 6 Oregon, 341; Hamilton v. State, 3 Tex. App. 643; Lowe v. State, 4 Tex. App. 34; Bishop on Stat. Crimes, § 23; 1 Bishop on Crim. Law, § 1068; Cooley on Const. Lim. 198; Dillon on Mun. Corp. § 500.
