Diaz

— The mayor and common council of the city of Eureka passed an ordinance which provided that it should be unlawful for any person to carry on within the limits of the city any saloon, bar-room, or dram-shop without having first obtained a license therefor, and having given a good and sufficient bond in the sum of one thousand dollars, with two sureties approved by a majority of the members of the common council, conditioned that such saloon during the term of the license should be conducted in a lawful, quiet, and orderly manner. The ordinance provided that it should be unlawful to keep such place open, or to sell or give away any intoxicating drinks therein “ between the hours of eleven o’clock, p. m., and five o’clock, a. m., of each and every day.” The complaint herein charges that the defendant Diaz, contrary to the provisions of the ordinance, on the sixteenth day of March kept his place of business open from eleven, p. m., until five, a. m., of the following day, and sold spirituous and fermented liquors, beer and wine. The defendants Iluk and Lundblade were sureties in the bond given by Diaz.

Plaintiff bad judgment for the sum of one thousand dollars, defendants moved for…