49 Md. 288 | Md. | 1878
delivered the opinion of the Court.
This case is brought up by the State, as upon writ of" error, to have reviewed a judgment óf the Criminal Court of Baltimore City, sustaining a demurrer to an indictment and discharging the accused. The indictment charges, the defendant with disobedience of an order of the Board of Police Commissioners of the City of Baltimore, issued on the 22nd July, 1877, whereby the said Board “judging that the public peace and tranquillity required the same, and having lawful authority so to do, and in pursuance of the laws of said State in that behalf, ordered any and all bar-rooms, drinking houses, and all other places where liquor is usually sold in the City of Baltitimore, to be temporarily closed, that is to say, to be closed until further notice.”
The true and only source of authority for an order of' this character, is found in that part of the Act of 1867, ch. 367, which amends and re-enacts section 818 of Art. 4 of the Code of Public Local Laws, and declares that “ the said Board of Police Commissioners are authorized and empowered, whenever in their judgment the public peace and tranquillity may require, to order the closing temporarily of any and all bar-rooms, bars, drinking houses, and liquor shops, and all other places where liquor is. usually sold in the City of Baltimore, and forbid the selling and furnishing of liquor thereat, and any proprietor or keeper, or other person for such proprietor or keeper of any such drinking house, place or places where liquor is usually sold, who shall refuse or fail to obey such order of said Board of Police Commissioners passed in pursuance thereof, or who shall sell or furnish liquor from, any such place or places during such period, as said Board shall so forbid shall be guilty of a misdemeanor, and it. shall be the duty of every officer of police, policeman and detective who may be cognizant of any violation of this-section, to report the same to the grand jury of the City
It follows P'rom the views thus expressed, there was no error in the judgment of the Criminal Court, in sustaining the demurrer to the indictment, and discharging the defendant, and it must therefore be affirmed.
Judgment affirmed.