The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-05
CHRISTENSEN WINS.
Judge Sawyer Decides Against the
Liquor Ordinance.

Judge Sawyer of the United States Cir
cult Court yesterday decided the Christensen
case, holding that the city ordinance under
which Christensen was arrested WIS in vio-
lation of the Constitution of the United
States.
Henry Christensen was arrested some time
ago for selling liquor without a license. He
was refused a license under the ordinance
which required the signature of twelve
property holders in the block There were
only eleven property-owners in the block.
Christensen appealed his case to the
State Supreme Court, which decided against
him. Then he transferred the case to the
United States Circuit Court.
In beginning his decision, Judge SAWYER
said: Il am always extremely DESTROYS of
avoiding any interference With the State
courts in the execution of the laws or what
purport 10 be the laws Of the State. and do
not Interfere when the circumstances are
such that | can find it consistent with my
duty to decline action till the State courts
have at least had an opportunity to act"
After reviewing the decisions of other ma
tional Judges in certain laundry cases, who
held the laundry ordinance was unconstitu-
tional, Judge Sawyer declares that lie adj
mits the full power Of the State to prohibit,
limit and control the domestic liquor traffic,
bat the proposition to grant license to a
man only when accompanied by Il petition
signed by twelve property-owners on the
same block where the store is proposed to be
located eOnferS an arbitrary power ON one
or more persons to regulate this matter in
accordance with their uncontrolled will.
In the judgment Of Judge Sawyer, an Or
dinance that upon It's face permits and
authorizes such discrimination and Unequal
ity of operation is a violation OF the CoDsti-
tuition of the United States.
Hinder this ord inanp the Police Cnn,nniS-
soners, for anything in its provisions to re-
strain them, might consent to the license as
retail dealers of every immoral person in
the city, while consent might be withheld
from every person who is respectable and
suitable for the business. If they Qhe
Police Commissioners do not do this, ii is
not because they are restrained by any pro-
visions of the ordinance. Those provisions
permit 1t.
Continuing the Judge said: after care
full consideration | am unable to take this
ordinance out of the rule laid down in the sec
ond head-note in Yick Wo vs. Hopkins and
WO Lee VS.. Hopkins, lis u. 5. 3j6. As that
decision is controlling, SO far as this court is
concerned, am bound to discharge the peti-
toner, however willing | might otherwise be
to yield my individual views to the Judgment
of the Supreme Court OF the State. Let the
petitioner be discharged.
''Should the city desire to appeal to the Su-
preme Court of the United States an appeal
will be gladly granted. The question has
reached such a state that it is of the utmost
importance that it be authoritatively decided.
Until so decided the foregoing views will con-
troll the action of this court"
At the conclusion of the reading of the de-
csion Judge Davis Louderback of counsel for
the city. took an appeal TO the United States
Supreme Court, where Judge Sawyer'S rul-
ing can be upheld or reversed.