The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-11-11
CLAIMS OF THE DRUNKARDS FAMILY
Recognized In a Decision by the
Supreme Court.
The case of Man Who Sold Rum
Without a License.
Figures from the Farms-indians as
Landed ProprIetors.

WASHINGTON, November 10.-The Su-
preme Court of the United States, in an opin-
ion rendered by Justice Field today in the
case of P. Crowell, chief Of police Of San
Francisco, appellant. VS.. Henry Christensen,
reversed the order of the United States Cir
cult Court for the northern district OF Call
fornia, discharging Christensen, on WITT
of Habeas corpus. Christensen for several
years conducted retail liquor store, but in
1889 his application for renewal of his IL
cense was refused by the police commission
ers of San Francisco, in whom the munich
pal ordinance vested the discretion to grant
or refuse licenses for saloons, the refusal be-
ing based on the ground of the bad repute in
which the place stood. Thereupon Christ
ensen did business without license and
was arrested, but ordered discharged from
custody by the United States Circuit Court
on the ground that the ordinance made
Christensen's business depend upon the ar
bitrary will Of others, and. in that respect
denied to him the equal protection OF the
laws.
In its opinion by Justice Field, the court
says that 1t is undoubtedly true that it Is the
right Of every citizen to pursue any lawful
business subject only to such restrictions as
may be deemed by the governing authority
Of the country essential to the safety, health
and peace and good order and morals Of the
community. Even liberty itself Is not unre-
strcted license to act according to ones own
will. 1t is contended that what man shall
drink equally with what he shall eat, is not
properly matter for legislation. There is
in this position an assumption OF a fact
which does not exist; that when liquors
are taken in excess the injuries are confined
to the party offending. The injury, 1t Is
true, falls first upon himself, but it also af-
fects those who are Immediately connected
with and dependent upon him. There are
few sources Of crime ahd misery, to society
equal to the dram shop, where intoxicating
liquors, in small quantities to be drunk at
the time, are sold indiscriminately TO all par
ties applying. The sale of such liquors in
this way has, therefore, been at all times
considered proper subject of legislative
regulation. 1t Is question OF public expe-
diency and public morality, and not Of fed
eral law. In the prohibition or regulation of
the traffic, discretion may be vested in
officers to decide to whom to grant,
and to whom to refuse, liquor licenses. The
officers may not always exercise the power
conferred upon them with wisdom or justice
to parties affected, but that is matter which
does not affect the authority OF
brought under the eognizance Of the
courts of the United States. The court says
that it does not perceive that the ordinance
under which the prisoner was arrested vio-
lates any provision of the federal constitution
or laws, and that the order discharging the
prisoner from custody Is therefore reversed
and the ease remanded with directions to
take further proceedings In conformity with
the opinion Of the court.