Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-11-11
NATIONS CAPITAL.
The Slprsns Csln RsIsIss
Decision Of Circuit Court
In Case Of Chief Of Polies Crovlsy rs.
Harry Chfistialsen.
lnllL Report q Condition md Re.
quiftmsnts Of Vest Point Cadets.
Decided That c Colleges Only May Im
post Books Frss Of ceargs.

WAsHIsGrox, Nov. I0-The Supreme
Court Of the United States. in the opinion
rendered by Justice Field today. in lbe case
of p. Crowley. Chief Of Police, San Fran
cisco, appellant, -. Henry Christi ,n.en, re-
versed the order Of United States Circuit
Court for the Northern District of Californ-
10. discharged Christensen on q writ of
babeas corpus. Christensen for several
wears conducted retail liquor store, but 10
1889 his application for renewal of = IL
cence was refused by the Police Commis-
sioners Of San Frsncisco. in whom the
municipal ordnance vested . discre-
ton to grant or to refuse licsnses
for salooas. refusal being bssed
on the ground Of the bad repufe in
which the place was held. Thereupon
Christispsen did business without license
and was arrested. but was discharged from
custody by the United States Circuit c. urs,
on the ground the ordinance made Chris
tiansen's business depend upon the arbi-
denied to him the equal protection of the
laws.
In its opinion by Justice Fields, the
court says il is undoubtedly true that it is
the right Of every citizen to pursue any
lawful business, subject to such restrictions
as may be deemed by the governing author
ity of the country essential to the safety,
health and peace, good order aud morals
of the community. Even liberty itself is
not uprestricred license to act according to
ones own will.
1t 10 contended that what q man shall
drink, and equally with what he shall eat,
10 not properly . matter for legislation.
There is in this position an assumption of
q fact which does not exis--that when liq
uors are taken in excess injuries are con-
fned to the party offending Injury, il is
true. falls first upon himself. but it also
aft scts those who are Immediately connect
ed with and dependent upon him. There
are few sources of crime and misery to So
ciety equal to the dram shop where intoxi
eating liquors in small quantities TO be
drunk one time, are sold unfortunately
to all parties apply ing. The sale of liquors
in this way has therefore been at all times
considered & proper subject OF legislative
regulation. II 10 . question Of public ex
pediency and public morality, and not OF
federal law.
In provision or regulation Of the traffic,
the discretion msy be vested in the officers
to decide to whom to grsat and to whom
refuse the liquor licenses. Officers may
not always exercise the power conferred
upon them with wisdom or justice to par
ties affected. But this Is matter which does
not affect the authority of the Sta,e, or one
which can be bought under the coglizance
Of the courts Of the United States. The
court says that it does not perceive that the
ordinance under which the prisoner was ar.
atcI vtatafaa Nv aov, oft ha Eado
al constitution or laws; and as to the State
constitution and laws, it is bound by the
decision of the State Supreme court that
the ordinance does not violate them.
The order for dischsrsiDg prisoners from
custody 10 therefore reversed, and the case
remauded with directions to take further
proceedings In conformity with the opinion
of the court.