The Courts Overrule a Legal Gambit

The decision of Judge Joseph M. Glasgow in municipal court, in which he held that the city ordinance against gambling is invalid, inasmuch as it is in conflict with the state law, was reversed yesterday in the superior court by Judge Osborn. The question of the validity of the law was brought up by a demurrer to the complaint in the case of the city of Seattle vs. Burns, charged with conducting a gambling game. Judge Glasgow held the ordinance under which Burns was arraigned was invalid and discharged the defendant. In his decision, Judge Osborn not only holds that the ordinance is valid and not in conflict with the state law, but sent the case of Burns back to Judge Glasgow's court for trial. The final order of judgment has not yet been signed by Judge Osborn, however, and John Wiley, attorney for Burns, will carry the case on appeal to the supreme court. The decision of Judge Osborn also validates the ordinance on assault and battery. J. Burns was arrested on October 13 for dealing a crap game in John Considine's theater, and a few days later, a suspected informer, W. J. Wilson, was assaulted by Considine. The cases were joined, and the defense attempted to use the municipal court’s ruling to void both charges.