The record-union., 1891-07-18

rooms, ETC." (See charter, Sec 2, subdi-
vision 81 The State Constitution art
N1., Section IL provides that ''any
county, city, town or township may make
and enforce within its limits all such
local, police, sanitary and other police
regulations as are not in conflict with
general laws.o
An ordinance of the city of Pasadena
prohibiting the maintenance of tippling-
houses, dram shops or barrooms, was
held to be constitutional and reasonable
by the Supreme Court of this State in ex
parte Campbell, "a Cal. 20. In that opinion
the court say: 1.-THE power to license,
regulate or prohibit tippling-houses is a
constitutional right, which may be en-
forced as police regulation through
proper legislation, is no longer an open
question in this State.p
In ex parte Christensen (S5 Cal, 2l3) the
court says: 1T is well settled that the
governing power may prohibit the manu-
facture and traffic in liquor altogether,
and if The governing power can prohibit
a thing altogether, it can impose such
conditions upon ITS existence as it
pleaSeS."
This latter case was appealed to the Su-
preme Court Of the United States, and the
opinion of the California court was fully
sustained by that court in 137 T. s. Re-
ports, S6. The opinion is by the full
court, and must be accepted as conclusive
on this question. The court says:
1t is undoubtedly true that it is the right of
every citizen OF the United States TO pursue
any lawful trade or business, under such re-
strictions as are imposed upon all persons of
the same age, sex and condition. But the
possession and enjoyment of all rights are
subject to such reasonable conditions as may
be deemed by the governing authority of the
country essential TO the SAFETY, health, peace
good order and morals OF the community
Even liberty itself, the greatest of all rights
is not unrestricted license To act according TO
ones own win. II is only freedom from re-
Straint under conditions essential TO the equal
enjoyment of the same rights by others. 1t is
then liberty regulated by law. The right to
acquire, enjoy and dispose of property is de-
ciared IN the constitutions of several States to
be one of the inalienabe rights of man But
this declaration is not held to preclude the
Legislature of any state from passing laws
respecting the acquisition, enjoyment and
disposition of property. What contracts re-
specting its acquisition and disposition shall
be wand and what void or yoidable; when
they shall be in writing and when they NAV
be made orally; and by what instrument it
may be conveyed or mOrtgaged, are subjects
of constant legislation. And, as TO the en-
Joyment of property, the rule is general that
1t must be accompanied with such limitations
as Will not impair the equal enjoyment by
others OF their property. Sic utere tao at
application.
For the pursuit of any lawful trade or busi-
ness the law imposes similar conditions Reg
ulationS respecting them are almost infinite
varying with the nature OF the busin S.
Some occupations, by the noise made in their
pursuit, some by the odors they engender. and
some by the danger accompanying them re-
qulre regulations as TO locality in which they
shall be conducted. Some by the dangerous
character of the articles used, manufactured
or sold require also special qualifications in
the parties permitted 10 use. manufacture or
sell them.
All this is but common knowledge and
would hardly be mentioned were it not for
the position often taken and vehementlv
pressed, that there is something wrong in
principle and Objectionable in similar restric-
tlons when applied to the busineS of selling
by retail, in small quantities. spirituouS and
intoxicating liquors. It is urged that as the
liquors are used as beverage, and the injury
following them, if taken III excess, is volun-
tarlly inflicted and is confined to the party
ohendlng; their sale should be without re-
strlctionS; the contention being that what a
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
10 the party offending, The injury, it is true
first fails upon him in his health, which it un-
dermlnes; IN his morals, which ii weakens,
and in the self-abasement which it ere ates. But,
as 1T leads to neglect Of business and waste
OF property and general Generalization it az
fects those who are i'm mediately connected
with and dependant upon him. BY the gen
eral concurrence of opinion of every civilized
and Christian community, there are few
sources of crime and misery To society equal
to the dram shop, where intoxicating liquors
in small quantities, TO be drank at the time are
sold indiscriminately to all parties APPLYING
The statistics of every State show a greater
amount of crime and misery attributable to
the use of ardent spirits obtained at these re-
tail liquor saloons than to any other source.
The sale of such liquors in this way has there:
fore been, at all times, by the courts of every
State considered as the proper subject of Iegis-
lative regulation. Not only may license be
eXacted rom the keeper of the saloon
before glass Of his liquors can be disposed
OF, but restrictions may be imposed as TO the
class of persons TO whom they may be sold,
an fp1ah hon off flnfal a =
week on which the saloons may be opened
Their sale in that form may be absolutely pro-
hIbited. 1t is a question OF public eXpediency
ana puDnc morality, and not of Federal law.
The police power of the State is fully compe-
tent TO regulate the business-to mitigate its
evils or TO suppress ii entirely. There is nc
inherent right in q citizen to thus sell intoxi-
eating liquors by retail; it is not privilege of
q citizen of the state or of citizen OF the
United States. As it is a business attended
with danger to the community, ii NAV as
already said, be entirely prohibited or be
permitted under such conditions as will limit
to the utmost its evils. The manner and ex-
tent of regulation rest in the discretion of the
governing authority.
The governingcauthority of the city of
Sacramento has, in the ordinance under
consideration, made such regulations as
1t considered necessary to regulate retail
liquor saloons and conserve the good or
der and peace of society. In view of the
power vested in the Board Of Trustees by
the Constitution and laws Of the State,
the ordinance is not only reasonable. but
it is liberal, in that it stops so far short Of
absolute prohibition, which might have
been lawfully imposed.
The objection that the city of Sacra-
mento has no power to use the name of
the people in this action is not well taken.
Section 6S4 of the Penal Code SAYS: "a
criminal action is prosecuted in the name
of the people of the State of California, as
a party against the person charged with
the offenSe."
In Santa Barbara VS.. Sherman (6I Cal,
Sd it is held that ''aD action in the Police
Court for the violation of city ordinance
and TO enforce the penalty thereof should
be brought in the name of the people,"
The charter of the city of Sacramento
also provides that Every violation of
any lawful order, regulation, or ordi-
nance OF the Board of Trustees of the
city of Sacramento is hereby declared a
misdemeanor or public ofiense, and all
prosecutions for the same shall be in the
name of the people of the State of Cali
fornia." Statutes relating to Sacra-
mento, p. So
The other questions presented by coun-
sci being dependent upon facts not now
before the court, no opinion is expressed
as 10 them. The demurrer is oyerruled.
FIRE ON THE HILL
Burned Yesterday.