Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-05-09

49, A poweRB, pfoprietoEb OF tDe
.ss..rub salooil. for violation cf The
..s,1s.s., rrsddinR for the closing oi
'.s.oss O, Sunday, which has besn On
-, ser fhe pllst too days, has t.sez
4. r,oss stnbb<rniy fsughs and closely
.-,.1esd case Of the term. II ws'
,...ea uson as q test case, and nnet
s,s.r1s, sas manifested in The psRres'
. q. sri.l. Mr.. G. q. Hanford, CiiJ
s.asasy. represented the people, and
4. srus Of lfeSanght, Ferry, Nc.
! --..ht A Mitchell and struve, HaiIrles
s1eN,s5;sn apIlsared for the 1eftnss.
- effuVe fiOm time 20 time 'EeIEsid
- s,cinlz Of o5iection TO ti1s prces,ed.
- IRA be claimed that the Terri
80 Sunday hsw covers the same of-
ssr~rs a ghe ordinances under whirh the
- Val brought, thus making dou-
~ ofeuise Of the 8ne sct. On akds
,,-,~oritiop the Judge held that the Enu.
s.scajity Oh seilttle was an HgeHt and
;.st,umsut Of the Territory, according
~ ~ cfy ehtIyier, 10 enforce the will
n rIH lAHit4nbktS. ~1N Wot1 hlse
,ssss ihai the penalty IN the Territorial
-. for violation Of the law, was from
~ q 400, and that ths penalty in she
~. urdaf the ordinances. vss $iO) In
81 iy ssses; MISC that the ordinance WIS
,rrsiaI and unreasonable. The main
,,oir5 rsised By tie defence, however, wIls
~ ordirlanca eS7, under which ttie 90
~ was brought, was passed After the
+ 800 ,,f toe iinense 10 Myefa q
1900. and that it could not apyay to
49, Wills they carried on their busa-
80 undsf the old license granted tklens
Il dscisline these points the cs'uFi
ksld that the oiiense charged In iiot q
srInas recognized BY law A. opposed 10
- 1sueral morisl ssnse Of mankind ~
lr1n,oral ar improper per ~. but is ssn
aaYe0ee mals1n pr0hibifnla. He held
tkaf the tpowor granted 10 the city in
ssefion 21l< of the charter 20 regulate
~ rss r,.in places where liquors are
"a. eivss the city the right 20 regulate
apd restrain slae business 0f these
plsees. This resuiatson may be IN yai'i-
cae ways; Firh, BY limiting hours
snd secondly. ID other ways 70 sscure
its lifs, property or comfort Of citiztgls,
crcxided such regulation docs not
amount 20 prohibition. There - no
rsvsf iu ahs Common Council 10 Fao-
kIbit under color Of the authority 20
Ta.lrfs ard rsnf,uia. The United States
k,prepoe Clsprs haadeoided unaiiim,S1kiiy
tk,s 4 ot,ysnant In Q deed OF land
Sgs;psf the eale sf liquors AZ place Of
rr,h,ic rsz,rt. Il In the interest Of hsalth
"a nornls. OH the same iine OF r6s-
sooina fhs act Of the Coanoii IN passing
he crdinAnoe restraining the Or iiic to
esifain di.ys Of the week, 10 ia the IN
isfest Of health AID morals, and the
dflerstion Of power 10 do IL. 10 q proper
oeleratiou OF pover by the L sislature,
Ard fhe Legislature has vested this
poWef IN the Ois,f Counoli. Ite Terri
iofill iau vas in sxistencs at tbs time
q granting the license, and the licensees
understood that 10 be the iau. II 10 fhe
same With them az 70 any rights that
tnsy may have, er elaim, a. II the Iower
V ssstfair and rteulats bad been inaor-
porated in the li,enss itsclf. fney an
6srstooa that i.he Common Council
euuld regulate and restrain, and how
Tar that pewar cxtGaded. They knew
stai the tIosnplon Council had no power
u revoke their licenses that 10, without
f0rfeitcfs. and i1cept - peaalty for
the sioialion ul. some ordinance; but
thsy knsw thai the Common Ucuncil
euuld, Ia any fnanner which the Iegis
iAtafs allowed BIZ tho charter, restrain
2erd re0ulAAe The tFRfiic, but Ut eDuree
not ~ a. 20 ambunt 10 prohibition, On
% manner thRii would be unfsasonabit
0f unfair. ThAs Understandings ,sas q
part and parosi of whatever pAsssd 30
tween ths IicersiIe and she aityi wheihel
he called d eesasfaot, ox by whiiusvei
name Il lpe called. 81 the tinao sf ths
taking 81 the license.
The Iudae esutinued--"I am moi
prarared ito SAY that the restraint ol
the licensees frsim keeping thsir l,inssel
of business opsn ON Sunday 10 an nm
reasonable exeivise Of the power d
regulation and restraint The case 4
nst prepossd here ef an ahsolnta tt,ss,
sssioh Of the liuensss an abs,lute cut
ting shest Of the business that has k,eet
entered into pursuant 70 certain sx
ronditure but ! believe the Territory
a. stats would have the power % col
tbs business up by the roots. notwith.
sanding ths licenses had bean isslied
dou't think there Is ang oontraft be.
tween ths State and the liqnIor iIeaIel
that NcEitl Be Impaired or destroyed b,
s<ch exercises OF power. ft fellows
from The position j take, that the Ssats
could regalase o. restrain 10 eisy exisenl
4 ~ a., By virtue Of iis lulics
poeef, he business OF the liquol
tkaf6e. II Tie Stste has ssioh sen
md powtrB, u can exercise them
ihrouRh ils axsnts. ID exercises then
through municipalities 10 the ex-
teas domIIhded by the good ortieis and
pesce Of society, and BY its dhiceHttnE
PARTICULAR powers q munioipalitieiI The,
esn exercise ssilihin The municipalities
tkeee polise powers. ] shall admIt ths
ordinance So i'ubieet 70 proof Of ID
pcelie1fion."
Ffsm tho ab,ws Il will be seen ths
ucurt has held that Ordinances NJ. SS7
reg1lasine the liqnoF traflie iE thu oity
of Esattles IN constitutional In all 70.
speoss, thss the city has power 10 cAoss
~ plnoeb whalN tiquoas are sold On
6an6ay, &llnt the city could, II u isces
daxiRIlate and eonhne the lilnits
ssla.a which sueh business could b
eAIfie1 ns.
IN Uhief Justice Of the reu.iiorJ
eEEse1<lsli this inaeh dispused qussiioH
q nruf ~ tha citY, and is IL te b
ere1 lhAs hereafter iuries In Jus'
HH u TIE psaie eourtss and cur boa
H9xopfxieh will be saved the weiahfs
mpoQeItliity Of deciding grave ciinsii.
1lp14l Qllnsai,nA The Court alsst feid
44< ~ printed yoiume Of tha city or
41nnce& pnkllaIiea hy authority ek ahl