
    Kimbleawecz v. State.
    
      Workhouse — When convict should be sentenced to — Constitutional taw.
    
    1. A defendant convicted in Cuyahoga county under section 8092-18) of the Revised Statutes, of keeping open a saloon on Sunday coutrary to law, should be sentenced to the Cleveland workhouse, and not to the county jail.
    2. The provision of section 2099, directing such sentence to the workhouse, is not in conflict with section 26, of article II, of the constitution.
    (Decided March 20, 1894.)
    Error to the Circuit Court of Cuyahoga county.
    On February 6, 1889, the plaintiff in error was convicted, in the police court of the city of Cleveland, of violating the statute known as the Sunday closing law, and sentenced to be committed to the jail of Cuyahoga county for ten days, and pay a fine of $25, and costs. On error, by defendant, to the court of common pleas, 'this judgement was affirmed. On error by the same party to the circuit court, the judgment of both courts was reversed for error in sentencing the prisoner to jail instead of to the Cleveland workhouse, and the cause remanded to the police court for a new sentence. To reverse this latter judgment, this proceeding in error is prosecuted.
    
      John C. Hutchins, for plaintiff in error.
    
      W. B. Neff, Prosecuting Attorney, for defendant in error.
   By the Court.

Held: 1. Section 8092-18, of the Revised Statutes (2 S. & B. 2730), which provides that a person convicted of keeping a saloon open on Sunday, contrary to law, ‘ ‘ shall be fined in any sum not exceecling one hundred dollars, and not less than twenty-five dollars, and be imprisoned in the county jail or city prison not less than ten days and not exceeding thirty days, ’ ’ should be construed with section 2099, which provides that where, upon conviction under a law of the state, or an ordinance, the court is directed by law to commit the- offender . to the county jail or corporation prison, the sentence shall be to the workhouse, if there be such in the county. Taken together, these sections authorize sentence of a defendant convicted in Cuyahoga county, under the first named section, to the Cleveland workhouse.

2. The provision of section 2099, above cited, is not in conflict with section 26 of article II of the constitution which requires that “all laws of a general nature shall have a uniform operation throughout the state.”

Judgment affirmed.  