*1 (city) TOLEDO v WAGNER Lucas Go May 1937 OVERMYER, 5, 1937, February appellees, Wag- On Joe others, ner seven were arrested and

prosecuted in the Criminal Division of Mu- nicipal Ohio, Toledo, aon -war- charging rant Buckeye known house as the So- Club, Superior cial city, 224 Street in said in violation of of the Toledo Code eight of 1919. The charged offense, all defendants were same affidavit with the same prosecuted together and were guilty all found and fined. appealed The deiendants to the Common judgment viction to all defendants was reversed discharged. and appellant, defendants ordered Toledo, prosecutes judg- in this reverse ment of the Common Pleas Court. assigned interpretation errors court; of the Toledo Code in, reversing error Municipal Court; and error of conviction that tained sus- the evidence. Section Toledo Code reads Loitering ioilows: 1000. “Sec. Bar Rooms, any etc. It shall be unlawful for any found about com- bar-room, dram-shop, gambling mon house about streets, night day, either without lawlul means of being- give any satisfactory of himself.” opinion was written the lower court but we are advised briefs that the Common Pleas Court held that Lhat portion of section “It which reads: shall be unlawful Toledo, Dodd, Law, common bar- Martin Director room, dram-shop, gambling Green, appellant. house or bouse and M. W. separate Toledo, McCullough, of ill-fame” was not divis- Dan portion immediately follow- ible from ing, streets, reads: “or night, by day or either support, or without lawful means of viz.; (1) section, Loitering in satisiactory give any able liimself.” (2) Wandering places; opinion, The court was means give held, a conviction sustain *2 support a city not of satisiactory show that t-his case house, accused, gambling account of one’s self. loitered in a ii concede that they lawful also that hut copy support. official the section showed of a offered of means city of comma after question, colon Instead “ill-fame,” a the word latter and on this required that than the construction to do more it not tends guilt city gambl- correct. If the in would be loitered a that accused show house, part or innocence accused under this sec- ing of that first that thread, loitering hang on a §1000 tion is to or so slender forbids of Toledo Code rather, dot, upon it a places infinitesimal and separate second so in certain -named contemplate saddening tragic part to offense forbids and a makes consequences person could that overwhelm in- a act of deposit by day nocent accidental he no man of a when streets or speck by loitering fly proper place a to or is means of unable at lawful give printed page. satisfactory on the a of himself. §1000 interpreta It that It that conceded is fundamental Code, to, group referred tion of criminal statutes one ord- and construction of chapter ordinances, primary inances included in a and entitled paramount Peace,” rule is “Public it is and to ascer Order that give tain, group the last ot a of three sections under declare and effect legislative intent, that It is aimed at to to head. be evils which gathered every municipality provisions from the of the enact state and seek to out, ment, viz., gambling, chapter control title or of code appears, apparent ill-fame, loitering pur persons of houses .wandering pose ap in such enactment and also as persons plied to the evil at who no have gainful occupations Then, possible, or lawful is aimed. means support it is to be or can their such who not account construction will accomplish purpose. doing. keeping gamb- in so The ling Appellees punishable by houses is contend that statute under of the Toledo “without law support,” persons ful mean? loitering From before us the record we learn that houses, access the room where the of ill- accused were fame, , gained persons wandering etc as can well as to and arrested be after passing through electrically operated the streets. The court two lower so held. doors, guarded by huskies, This construction result would an ano who first ascer- you worthy tain whether malous situation. It are ad- would would precinct elect; result in mitted to that it the sacred you passed perfectly per guards be after for a have these you son to be In a doors are admitted tó a room about house or long a house of 60 or 70 feet feet bad wide and from 100 to he long; pool large support means give lawful satisfactory or and that m this room are two could a himself, tables, large or billiard a number chairs, person ap- had on unfortunate who no walls room lawful pear markings or charts could no races satisfac horse tory day. police account of himself run no from would have two busi places in prosecuted ness and those officers could be who made the arrests of accused arrested foregoing loiterer. a testified to This con room, great help struction would be of testified in that the for the accused were proprietors establishments, standing of such some of about and others city aiding playing pool having would then be them in on the tables. billiards two patrons only support.” apparent pool It “who are means that the two tables have subterfuge, something but busily could to be be called blind engaged throw the undesirables. handily officers at when It get electrically seems to reading past finally fair law Code, operated involved, guarded here doors. A room results in no containing difficulties. It is feet evident that two well tables could not things sought pool called room. covered in 6i8 discovery significant necessary legis- that none not to note It testify lative at the took stand To sentence intent. arrive the make an simplified simple explanation ‘it’ of their we lake sub- ject, found,’ passive infinitive ‘to be room. join predicate, Legal ‘it’ word “loiter’’ the' and ‘shall with the define verb authorities be,’ predicate idly,” “to time ‘un- consume that, applying definition to lawful.’ it is clear statute, qualifications then to the what “We come criminal ordinance simplified. ‘Unlawful,’ might place the sentence ‘shall in one constitute be,’ place. another are modified constitute ‘for,’ ‘person,’ legislative places body and the noun named loiter, ‘any.’ is in and also unlawful to shall be per- no now ascertained what for a who has law have it unlawful ful means of son or plies, classes of the ordinance or who unable we now applies. We himself where the find that *3 infinitive ‘to Both be found’ is modi- the streets. ‘loitering’ police power by participles, fied dering.’ of the ‘wan- exercise a. participle ‘loitering’ promotion “Public Order is modi- of the the by proposition city. fied ‘about’ the and the four the Peace” of ‘bar-room,’ ‘dram-shop,’ ‘gamblmg- nouns: Common of the ill-fame,’ and ‘house house’ the the four Munici- Court is reversed and pal prepositional phrase constituting a is re- with affirmed the cause objects, being iour by and it in modified manded for execution. conjunction ‘or,’ Judgment is ‘and’ in which reversed. law, adjectives ‘any’ and the and ‘com- mon.’ CONCURRING OPINION participle ‘wandering’ “We find is by preposition ‘about,’ LLOYD, modified and the J. object because, preposition ‘streets’ which I herein concur in the by turn is municipalities modified ‘the.’ although may article au- not have such, thority punish we have now ascertained. to the evi- whom loiterers applies, where; ordinance purpose dent and intent of tó applied now of when. case to the instant “Wé find that prohibit ‘to presence infinitive by prep- gambling; be found’ is premises modified adverbial ior phrases therein, ositional of the corre- in the the fact of his conjunction ‘either merely lative fied or’ which modi- ol' reason than absence some better by propositional phrase ‘by night’ there sufficient war- prepositional ‘by phrase day’; and the ordinance. rant a conviction under the conjunction ‘or,’ the other which is modi- section m its claim’ made that by prepositional phrase fied ‘without application by disclosed means,’ which in turn modified invalid, record contention made adjective ‘lawful,’ prepositional and the comma, being that, if instead support,’ “ill-fame,” ‘of used as colon followed word adjective. conjunction is also modi- ground

(cid:127)would exist no to con- ‘without,’ gerund fied test or avoid the conviction of ‘being’ object preposi- words, proof In other ‘able,’ tion, in turn “gamb- in a give,’ ‘to the infinitive ling house,” each any all, modifies is modified the noun . therein “without lawful means in-; ‘account,’ (cid:127) is the -which of any satisfactory, finitive, ‘satisfactory,’ himself”; counsel, prepositional phrase used as an ad- to maintain presented contention jective ‘of himself.’ argument in his and brief an foregoing, “So from all of we must grammatical analytical discussion conclude section. construction to to this person in of the enumer- he is without lawful ated and when argues orally ingeniously “‘It’ idiomatic'intro- brief that: is an satisfactory account of himself.” subject, infinitive used duction diagram of Appended brief grammatical construction “correct claimed Assuming questioned section.” grammatical questionable correct Code thus struction of advocated, may be doubted sufficiently City Council member discerning to notice and his unheed- warn interpreta- comembers f-ul tive absence unexpurgated tailed, consequences that follow semicolon; except for minutely clarification de- thought, I would at once have think, stiil I that it was do frequenting to make unlawful person pose premises illegal pur- used .for Squire, Cleveland, Dempsey, gambling. Sanders & Stevens, Elyria, appellee. and Stevens & agree I cannot therefore counsel Duffy, Atty. Gen., Columbus, Atty. Gen., Columbus, Herbert pres- that “the Ford, Wm. Asst. possible ent ordinance was make Butler, Atty., Elyria, R. Pros. Howard to re- appellants. vagrants complaint.” move on his . apparent motivating purpose Its in re- gard handicap towas operation by making thereof it unlaw- present therein, ful for -with Any no lawful excuse therefor. other con- struction of tl\e ordinance would attempt help, as an rather than hin- der, operation *4 prohibited business, conduct of a ridicu- situation, certainly lous contemplated law-abiding or intended council. By CARPENTER, STEVENS, By PJ. my opinion, In 30, Council of 1936, Under date of March the Tax appeal, Ohio, upon Ordinance of its Code Commission of made an protection equipment furtherance of order that certain peace good designated rolls, city, appellee welding balls, order within the instrumentality not- guide shoes, piercing points plugs, which a appellee forming can enlist said steel assistance of the products rain, plant to cast its manufactured in at Lo- unprofitable property. customers. Such were taxable would be its effect §5611-2, prescribed by the courts sustain Within the time contention of GC, National Tube Co. filed plies only to loiterers “without law- to the Common County Lorain ful means of from the final order of the Tax mentioned. himself.” Commission above hearing Common Pleas before the I11 stipulation entered into be- respective parties, tween- counsel for the agreeing NATIONAL TUBE CO several items OF value NEW JERSEY v TAX property COMMISSION et taxation for 1932, years question namely, m — stipulation, Lorain reason said Co and 1934. for consideration remained No 839. Dec Common Pleas Court rolls, balls, welding or not the guide shoes, points plugs piercing dies, term within the