The morning call., 1891-11-01
PO0L-ROONIS
s.. s. KNOCKED OUT.
The Supreme Court Sustains the
City Ordinance.
Appellant George F. Tuttls Remanded and
the Ordinance Declared to Be Manifestly
-. s.. a Valid Police Regulation. -:

The Supreme Court yesterday handed down a
=. decision that has sent CONSERVATION into the
camp OF the Oakland colony, which has hoped
TO re.esiablish pnolrooms In this city. II VIII
be remembered that The Board OF Supervisors
passed an ordinance, The purpose OF which was
clearly outlined in.ine following preamble
w HEREAs, 1t las become apparent that the prac-
tlce OF gambling on herseraces has become alarm
ingy prevalent. ana il IS the cause OF dehauehing
many Of our boys ana young men. rehlerlns them
unfit for the honorable -Oecupationstof life; and
whereas. this discredtaOle occupation with all It's
vicious results is allowed IN al aliutns features
to occupy places iu the business portions Of our
city. enticing our youths into habits which nlti-
mateiy effect their ruin and degradation; ana
whereas il is asserted thae there Is no legislation
prehibitdry OF this neidrioas aud demoralizing pnr
suit beng conducted and carried on. the present
Legislature having failed 10 pass Of the bill in
=tFodaeeq for that purpesei now. therefore, =
-. .-=TUTILE MADE a TEST CASE. H.
Tie ordinance drove The booksellers out of
business, but one of them George +. futile by
name, determined Ioiest lie validity Of the law,
aud was al rested. He ooN out a writ OF habeas
col pus Il DIN tie superior Court, but that tribunal
sitting 10 D X sustained the ordinance. -
Iullle then appealed 10 lie supreme Court on
lie ground .lhit The OF dlnance gave TO pro-
prietois OF rae courses the light To determine
WHO snould enjoy lie privilege of INDUCING IN
ihts - eeleS of gambling, as only those who are
. admitted 10 tie tracks ale permitted 10 wager on
The results OF tie races. 1t was. maintained
further for him that monopoly is thus c. ealed
In favor of such projectors ;.-.
CLEARLY APoLICE REGULATION.
counsel, and says: .t.-.-. :. - -. -
F nder Sections and IL OF Article ri of the Con-
sttutiOr of this State the city and county OF san
Francisco is author zed to make and enforce within
Its Imtssuc police regulations as are not IN con-
fict with general laws. and The ordinance In ques-
business, the tendency of which, as shown by e1pe
rieIce is 10 Nraken or corrupt the morals OF those
who follow u or encourage ltleGess instead OF IN
duStry, is legitimate SUBJECT for ton pro-
hiO tion by the State and that gambling in the va
rious modes n whlchtl Is practiced IS thus d. NOR
Glizing III its tendencies, and therefore an evil
which the law might rishtfuily suppress Without
citlze;ship which 1t is tile: object OF the Govern
ment TO protect and secnre is no longer auo open
.The measures needtll or appropriate TO 5e taken
inte exercise Of this police power are determined
by le2 isItIfVe policy. for this purpose wide
discretion is committed 10 the: l4w-inaking body
" neither ii shan entirely prohibit, or oIy regulate
by couhnfngsuch PraetIces witnt lrtscri9 bed l1mts
whether the law should apply to every Ind Of
gambling. or only so those gaElrS or wagers in
which Il effects appear With roninence
must be determined primarily gy de
partment of the. state, OF. o. tire liulitc ipalty
conferred for tie purpose OF securing the pubic
safety and welfare and unless IL clearly appears
that tie statute or ordinance. ossensioly enacted
or this pr has real or substantial Relation
TO these objects aud that the fundan entail rights Of
the citizen are asSa!ed under The guse Of a police
Iegui alton, the action of that department is
elusive. -. .- ~ :. T.. H.
- 1T Is .MAoaFEsTLY VALID.
1t is manifest we think. under this rule that the
ordinance in question cannot BE declared Invalid.
Whatever m5y be its incidental effect. IL is APP
ordnance 10 confer any speeia rriyilegesor behe-
htupon those who own or control race-courses, by
I giving them the exclusive right Of waJ the Uusl-
ness; or OF selling to Othersthe privilege of pool-
Selling on horse-races and therefore we need not
stop to eoIside whether iaw:or ordnance hav-
Ing only such effect, piaiAty Intended TO ac-
ccmI sl such an object under the mere preteESe OF
establishing police r gulatiou, cGuidbe uhesd
AS already stated large discretion IS rested In
the legislative branch Of the municipal govern
Ineut IN dealing with questions OF this character In
deter mining not only What games wagers should
be made the subject OF legislation but II per Bitted
atall under what" regulations they should be al
low ed to exist. 1t seems to have. been the judg.
| ment OF that department that the existing evils
| consequent upon selling pools on horse-races,
declared IN the preamble 10 tHe.ordlnance uu dei
review would be sufficiently restra ned by con;ining
the bUs To the iUclOsure where the is to be
run and the object sought 10 be accomplished !.
lawful npd the mode OF regulation not clearly map
| p1opriate to eff ct 1t, the ordinance Is valid. -
Mrit discharged aud prisoner remandeil. :.t-..s
| The opinion was written by Justice de Haven
and cOpcuiIed in by Chief Justice Beatty auC
| Justices Garrouite. Shaipstein, Harrison anC
J. Paterson IT, ~ =. IT, 80.