Omaha daily bee., 1881-08-15
SLOCUMB.
His Little Law Thoroughly
Discussed
The Saloon Keepers Intend to
Keep Open
Until Their Places are Closed bI
the Authorities.

Ontll lhetr flnces + Closed by
the Authorities.
Of curse the absorbing topic of
conversation upon the street to-day
was the supreme court decision on the
constitutionality of the Slocumb law.
Opinions as to the practicality of the
law were all pretty much of the same
character, only a few people
to be met now and again
who appeared to think the enforce
ment of the law would have a benef-
cial effect upon the morals of the city.
Most of the prominent citizens spoken
to expressed the opinion that there
was nothing left now for the council
to do except to pass an ordinance en-
bodying the features of the Slocumb
bill so as to regulate the sale of drink
in the city. These gentlemen took
the ground that the only principal
question that had been involved
in regard to the law was as
to it's constitutionality. This matter
had been settled by the highest judi
cial tribunal of the state and there
was nothing left for the council but
to see that the law was enforced. If
it were an unjust law it was a matter
for the next legislature to settle.
Mayor Boyd said he would send a
communication to the next meeting
of the council, as he had done twice
before, recommending action in the
matter. He thought there was
no doubt that council would take the
necessary action. Councilman Martin
Durham said hat of course he was in
favor of enforcing the law so long as it
has passed the legislature. He had pre-
sented the ordinance in regard to the
matter to council in the first place and
could scarcely get a second to
his motion to refer. Finally it
was given into the hands of the judi
ciary committee. who reported adj
versely, saying the matter was uncon-
stitutional. Then the matter was sat
upon.
The saloon keepers and men in the
trade generally take the position that
they can do nothing whatever in the
matter until council has taken some
action. They have no intention of
closing up until compelled to do so
and in the present status of the case
say they could not take out a license
if they so desired. They
intend to run right on
until the first of January if they are
not disturbed. There are hints on
tho streets hat an obstruction policy
will be tried upon the council and the
ultimate passage of the ordinance
STAYED off by dilatory motions.
irresponsible dealers will probably
keep open in any event and stand
their chances of prosecution.
A BEE reporter called on Gen. j. G.
Gown this morning to ascertain his
views on the SIocumb Law. To
the question, "What will be the effect
of this decisionN Gen. Gown said:
"In reading The Herald containing
an interview with Judge Lake, of the
supreme bench, 1 find that he stated
to the reporter that they
held that the license, if imposed,
was police regulation,
using this language: TN brief we de-
cided that the law was a police regula-
ton entirely, and that the imposition
of the money for licenses is in no
sense a tax as the word is used in the
constitution This being determined
and settled, it gives almost unlimited
power to our city with respect to po-
lice regulations. Under this ruling of
the court, that the the imposition of
licenses for a thousand dollars Is po-
lice regulation, pure and simple, the
city of Omaha by the power delegated
to it from the state may exact a license
fee of thousand dollars a car on
the street railroad of the city, and the
same amount from auctioneers, brok-
ers, commission merchants, innkeep-
ers, insurance, telegraph, and express
interests and businesses or ven
doris of patents as well
as all shows, theatres,
and exhibitions for pay. BY this
means an ample revenue MAY be
secured to support the school system
without any regular tax for that pur-
pose. l do not look upon the law as
a good police regulation, nor one that
is likely to accomplish the results ex-
pected and hoped from it. Its ten
dency will be to build p~alatial
structures and temples of honor
to whisky and strong drinks, a few
monopolizing the trade, while that
comparatively harmless beverage,
beer, can find no place in the market.
And the result of it may be, and / fear
will be, that many of those who visit
no other places than comparatively
harmless beer gardens, and that
in company with their wives and chill
dren without any injurious effects
may be driven to other places where
they will not be surrounded with the
same influences for their protection.
If this law had been intended for a
police regulation only and not for the
purpose of raising revenue the object
would have better ACCOMPLISHED
by making police regulations proper
strict, as for instance limiting
the number of saloons in all cities of
the first class or second class, so that
the trade would have been open to all
alike, and not to the moneyed few"
''There is a general impression that
the supreme court hastily decided the
case" said the reporter.
II admit" replied Gen. Gown,
''that the case was decided sooner
than / expected, but the question has
been before the public SO long hat
undoubtedly the members of the SUI
preme court had examined the ques-