Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-04-15
rHr HOWARD CASE.

The case OF the city Va. Howard. for
carrying on the laundry business after
the revocation of his license, was argued
before Justice Lyon yesterday.
Jndge Jacobs and Richard Osborne
represented the defendant In the actual
presentation Of the case before the
Court. We noticed that other counsel
we're present, and We understand that
they were employed.
The position taken by the defendants
counsel vas this; Under eur Constitu-
ten and system OF government no
rights OF person or property and ne
right to carry on or exercise any lawful
or Innocent trade, occupation, business,
profession or employment could be
yalidiy or oonstitutionally made 10 de-
pend on the discretion Of any man or
vel OF men that the ordinance on
which this prosecution was founded,
thoagh valid and highly beneficial in
other respects. WAS, 20 far a. II attempt
cd TO lodge discretionary power IN the
Common Couneii, utterly null and void.
The effect Of the decision 10 this: No
man and no body Of men can be validity
clothed WITH the discretionary power %
say that "a" shall or shall not carry on
the trade OF 8 shoemaker in The city of
Seattle. OF the profession 81 lawyer or
doctor. or the business OF merchant
or grocer.
Tue defense by its counsel utterly de-
nisd that the Legislature OF this Ter
ritoFy bad ever granted 30 the munioi-
paliiy Of the city OF Seattle the right
or authority 10 demand Of persons
Wishing 10 carry on the laundry basl-
ness la this city a license or permit
therefor. They asserted that this bnsi-
ness stood on the same basis a. thai of
a blacksmith. furniture manufacturer.
or any other innocent and lawful hnsi.
ness. They maintained that IL q license
could be enacted OF she lanndryman, IL
could Of the blacksmith. merchant. gro
Ger and mill eSner. That II the incep-
tion and continuance Of the business
Of the laundrymsn could be made to
depend on the discretion of she Con-
mon Council OF this city, 50 could the
business Of the merchant. tailor. mill
Owner szd printer. That no such doc
tEine or principle eonid be Acknowledged
or allowed That u would be s1bser-
Slve OF every constitutional guarantee
OF personal safety and security. and
would overthrow the whole foundation
OF human rights. That while IL was de-
ssrahle 30 nd ourselves Of the China
Husn and ~ discourage their employ
Fnent by every legitimate means, that
ne could NOT afford in the accomplish
nasnt Of that desirable result 10 sacrifice
every guarantee % personal liberty and
u break down ali Of the safeguards 10
property rights. That the right 10
carry on any profession. trade OF
business dependent fer its eontin-
nanes on the discretion Of any
maa OF any body Of nen, vas
no right AZ all. That such discre-
ton IS foundation OF oar rights vas
IN direct conflict with the gSnias Of ear
government aud sahversive Of all eur
ideas Of permsneney and secaTity.
That she legal existence Of every lsun-
dry tn this city vas dependent, IL this
doctrine be true, on the arbitrary con
seat Of the ComGun Cenncii Of this
nsty. No matter What snoaut Of money
may have been expended IN necessary
drainage and In hat1res 10 guard /
aeains. danger frocs are. thai expendi- |
taFe may be made useless and q fetal
loss BY the withdrawal Of she consent
Of The Coancii. Il szeh The frzii tenure /
apsa which the property rights % sseh
persons rests Ths defendans IA tbs
actios eot the certificates Of the Fire
Bard aud the BeslsA OficeT, and tue /
Saasent Or permit Of the Oou men /
ceaneal, and the attorney Tor the city |
thai everything re-
NAMED n The same condition a. uheu |
The eersiasatss and consent was given, /
yet THE CouScfl rsvskea rs consent and /
fefesrd 10 assign any ruason og canss |
therefor. The Coancii gave defendant |
ne nosace Of ifs issixn OF inssnt 90 % 1
DO AID his property ~Rs rendsnAd vaIae- |
less. Asd his business rsndsrsd unlsw-
sul n sach actioa vas valid SaeA vas
lee sc@assea Of eefepdAnt's coansel ana
sne1 vas. - greal extent. tAs aS 1
saisted facts. Many anfhor8iss x<rx
rsad, and TIE case vas shly and faily
ArKssd "a beth sidez The sesi<son q |
af< houeT sastAised the psasilioa cf D. /
sssdant's cosn<et. We give shis ease
lass fnliy because Of IL pahiss ia
psrsAkes-
faWa Il