City of Ashland v. Heck's, Inc.

One of the appellants is the police judge in whose court prosecutions for violation of the Sunday closing law were entered against appellees and many others. There were a large number of these prosecutions with differing dispositions. The effect of the majority opinion is to hold that such judicial officer may be enjoined from proceeding in the trial of the prosecution under a constitutional statute in which it is his duty to exercise a discretion and to act.

The authorities cited in the opinion do not justify the holding therein against the police judge. The Yick Wo and Gausepohl cases, the…