Los Angeles herald., 1890-11-24
SUNDAY CLOSING.
A DOUBLE-ACTION MESSAGE FROM
MAYOR HAZARD.
He Explains His Views on the Matter to
the City Council, and Says He Will
Sign the Ordinance if the Licenses
Are Reduced.


the expectation of several OF the mem
bers of the council, who seemed to be OF
the opinion that he would defer action
upon the matter until after the election,
has already arrived at conclusion upon
the question of the Sunday closing OF
saloons. The following message, which
is now on file with the city clerk, and
will be read to the council today, fully
explains his views upon the subject:
To the Honorable City Council of the City of
Los Angeles:
/ do not agree with that principle in
law which declares an act which is legal
today shall be crime if performed to-
morrow. Its enforcement is species OF
compulsion inconsistent with my idea of
the right which obtains between man
and man under our form of government,
and in the early history of our state WAS
declared to be unconstitutional by our
supreme court. 1t is an open question,
l confess, and one on which the different
members OF our supreme court may have
honestly differed; but believe the re-
cent decisions of our court sustaining the
validity of Sunday laws, which before
had been declared to be unconstitu-
tional, are based more on the effect of
those decisions politically. and the bear
ing they might have on politics, than on
the questions of law involved. The
early decisions of our courts accord
nearer with my opinion on the subject,
and l do believe that if the courts of our
land were above and beyond the power
of political manipulation and control,
and not the creatures of political parties
whose opinions are often moulded in the
school of political expediency rather
than that of true principles of jurispru-
dence, they never would have overruled
those old pioneer decisions that stand as
landmarks in the Interpretation of the
fundamental law.
|. believe that saloons ought to be
closed on Sunday, out of respect to the
great majority of the American people
who belong to church; and believe in all
candor that to keep them open is detri-
mental to public morals, but what right
have to say they shall be closed in pur-
suance OF my desire in that behalf and
seek to enforce it by fine and imprison-
ment on those who differ with me in
that regard? l believe that the great
weapon OF the temperance-loving people
is persuasion and not compulsion. To
illustrate the practical working of my
opinion on this subject. l have but to
refer your honorable body to the history
OF our own state for few years last past.
The law OF the state prohibited the car
rying on OF all business on Sunday, and
the law was practically ignored. The
temperance people OF the state began
the prosecution of offenders Hereunder,
particularly the saloon men as being the
Harrart xyio1oto,e I,>
city trial after trial was had, and the
division OF sentiment on the subject was
so strong that conviction, after many
trials, was despaired of, and the prosecu-
tion finally abandoned as useless. 1t
therefore became question of public
interest, and the two contending politi-
cal parties of the state took issue there
on and embodied it in their platforms
the Democratic party for repeal of the
law, ,and the Republicans against. The at
ttude OF the Republican party, notwith-
standing their advocacy of Sunday clos
ing, did not come up to the requirements
OF the Prohibitionists, who desired the
saloons closed at all times, put another
party in the field, and the result was
that the Republicans were defeated in
the state by majority in the neighbor-
hood of 10000. The Democrats pro-
ceeded forthwith, pursuant to the pledge
embodied in their platform, to, and did,
repeal the law, and now there is no
state law on the subject. Yet Sunday
is much more universally observed now
than it was when the law of the state
required it. The same result has been
accomplished in our large cities. the
front doors are closed out of semblance
OF respect to the law, and the inside be-
coming thereby removed from police
surveillance, a worse condition of al
fairs exists than if no attempt were made
to enforce it. DR.. r. A. Gum, the
president of the society in New York
for the closing of the saloons on Sun
day, reports on the 18th day of last Au-
gust There is hardly saloon in New
York above Grand street that does not
keep open on Sunday, and in most OF
them any kind of liquor can be had for
the asking. 1t is ridiculous
farce topretend that only weiss beer is
sold on Sunday. Before we get
through we will present picture of
crime" that is little dreamed of by
many and many other things showing
fearful state of immortality, in which
the corrupting power of money bushes
the police into silence, and renders the
courts unable or unwilling to prose-
cute in the face of incontestible proof;
and still those who are urging this
measure refer us to New York as sam
pie of moral standing worthy of imita-
ton. The same condition of affairs ex-
lists in the other large cities.
But the supreme court of our state
having decided that the power to enact
laws OF this character rests with the peo-
pie, it is manifestly the duty of those
charged with the enactment and en-
forcement OF these laws to comply with
the will of the majority, when plainly
expressed. do not believe that be-
cause | entertain views antagonistic to
those OF the people, whose servant am,
that L have the right to ignore their
wishes on the subject. A claim like
this cannot be maintained under re-
publican form OF government like ours:
we are but implements to carry into
effect the will of the people. Although
l vetoed the ordinance providing for the
election, 1T became an ordinance by the
necessary number of votes notwith-
standing, and as effective for all pur-
poses as though had signed it. Hav-
ing under that ordinance elected to ex-
ercise my rights as a citizen, to shape
the result of that election to accord with
my views of right, as have expressed
them herein, by voting against closing