Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-03-11
ESPECIAL TO THE nEOoRD-UsoN.l


leased from such imprisonment. Justice
Thornton delivered the opinion. and Chief
Justice Morrison concurred. Justices Myrick
and Mckee read special occurrences. Jus
tices McKinstry Ross and Sharpstein filed
separately dissenting papers.
THoRNToN's OPINION.
Justice Thornton, in rendering the decis-
ion, said that it was claimed that the statute
covering the case was a special law, and in
violation eff the section prohibiting the Legis-
lature from passing special laws for the pun
ishment of crimes and misdemeanors, ard it
was also urged that it violates the clause of the
Constitution which says. " Nor shall any citi-
zen be granted privileges or immunities which
on the same terms shall not be granted to all
citizens" and it is said further to be viola
ton of the articles prescribing that all laws
of like nature shall have uniform operation.
The offenses defined in the sections of the
Code quoted are of the class nahum prohibit
tum. Independent Of the statutes it is net
an offense, and the Legislature, in making
the sections, was merely adding to class of
should be prohibited by statute. In making
the exception in Section 30l, it merely de-
clared that in its judgment there was some
thing in the nature of the calling which rem
dered it improper TO include them in the Act
1t is very easy to see that in the character of
the calling referred to, and in their relation
to the community, there is something which
renders such exclusion proper, and one upon
which the Legislature might wisely exercise
its judgment in leaving them unaffected by
penal enactment. It is consistent with this
view to conclude, and to hold, that such law
is general one, uniform in its operation, and
that by it mo privilege or immunity is granted,
so as to bring it in conflict with the
Constitution. To hold such euactments
unconstitutional and void would, in my
Judgment, impose an unwarrsntsble re-
strictien on the legislative power.
Such power is exercised in Section 3c4 of the
Penal Code, where the Act of erecting or
keeping booth, or stall, for the purpose of
selling or disposipg of wine or spirituous OF
Intoxicating liquors within one mile of any
camp or field meeting wherein religious wor-
ship is being held, is made punishable by a
fine. Why confne the operation of such an
enactment to one mile? Why not extend it
one mile and quarter? The Legislature is
allowed to exercise its Judgment as to distance,
and properly SO. In my opinion, the Act is
constitutional, and the petitioner should be
remanded to the custody of the officer.
MYRICKs CoNCURRING OPINION.
In his concurring opinion Justice Myrick
said The people of this State, through their
Legislature, have declared in favor of the
wisdom and policy of the Law in question.
If there is a change of public sentiment, there
is plain and speedy remedy by repeating or
modifying the law. The Courts should not
declare the law unconstitutional unless it is
clearly SO.
DISSENTING VIEWS.
Justice McKiDstry, in his dissenting opin.
ion, objected on the ground that the law is 8
violation of the inherent rights of citizens.
and that no Legislature has pswer to declare
any business to be unlawful on the Sabbath
which is moral on all other days.
Justice Ross dissented on the same grounds.
Justice Sharpstein read lengthy dissent
ing opinion. He could not, he said, give his
assent to any measure 80 palpably interfering
with the right OF every man to worship God
on any day that he choose.
Veto OF the Fisher Water Ordinance.
SAN FRANCISCO, March 10th. - Mayor
Blake this morning called a meeting Of the
Board of Supervisors and vetoed the Fisher
water ordinance. In his message he states
that while the rates established by the ordi-
nance will affect smell reduction in meter
rates, they will not reduce the rates actually
charged. His pledge was to reduce the rates
heretofore collected, and he intended to abide
by it.
Declared ACKNOWLEDGEMENTS Rail.
read Laborers.
SAN FRANCISCO, March 10th.-The Su-
preme Court to-day decided that the Bsviev
water ordinance in the case OF the . San z ran
cisco w Gale" le-. sctory Vs. Brickwedel, the
Auditor, TO be unconstitutional.
The steamship State of California, which
sailed to-day for Portland, took 900 Chinese
TO labor on railroads.
Ex-nayor kaIIoch FuII.FIedged Lawyer.
SAN Francisco, March 10tb.-To-day, en-
motion of Judge Dwinelle, ex-Msyor K alloch
was admitted By the Supreme Court to prac
tice law in all Courts of the State. 1t is not
his lHIeutlOu 70 tuktE upon Tue ptdCtlCe W
any great extent, but be and his friends are
SO much annoyed by petty cases brought
against them that he has concluded that it
may be more convenient and economical and
perhaps equally as successful, to defend them
in person.
Death OF Father Hugh Gallagher.
SAN Francisco, March 105b. - Father
Hugh Gallagher, rector of st, Joseph's
Church, on Tenth street, died at st. Mary 5
Hospital at o'clock this morning of pneu-
monia, from which he had been suffering sew
eral weeks. The reverend gentleman's death
was reported on Wednesday morning, but
the report was then premature and there
were afterwards come reasons to hope that he
might recover. Yesterday, however, the
symptoms changed for the worse, and the
evidences Of approaching dissolution were
unmistakable He bresthed his last peace
fully at the hour mentioned, The deceased
was one of the most widely known Roman
Catholic clergymeB in the State, and he was
universally regarded as man of ripe scholar.
ship and tiue literary attainments. Previous
TO his labors in this city. Father Gallagher,
in company with his brother, Rev. Joseph p.
Gallagher, wss stationed at Stockton, where
a large circle of acquaintance will mourn bis
loss When he came TO this city, several
years ago, he was assigned by Archbishop
Alemany to the rectorship of st. Joseph's
GnuFcn, Jnen CONSIDERABLY reuuceQ IN mum
bers and heavily in debt. Through his uu-
firing efforts, the congregation became rapid.
IL one of the most numerous in the CITY, and
the church debt was reduced. Father Gal
lagher's last venture was the Introduction Of
the parochial free school system, the classes
being held in the old City Gardens Hall,
which had bsen donated, and which now
occupies position adjoining the church.
Frightened Chinese Gambler.
SAN Francisco, March 10th. after
noon Police Oficer Burdick entered the room
of Leon Tong, situated in the third story of
No. ZIG Commercial street, to search for lot
terry tickets. He locked the door to prevent
the Chinaman from escaping, and proceeded
to search the room. At length he came to 8
bunch of tickets. and at that minute was
astonished to hear 3 crash, aud turning around
failed to see his Celestial friend. Looking
out Of the window he saw Leon Tong lying
on tha gidswalk below that fri0htened in.