The morning call., 1892-07-12
ANTI-DIVE ORDER.
The SuperyisOrial License Com.
mittee Reports on 1t.
II Is Held That the Board Has q Right to
Make Such an 0rdinance-The Order
Is Passed to Print.

and advocated the passage of the order
which the divekcepers have looked upon
with such dread
Several members of the Women's Chris
tian Temperance Union and the Citizens
League were present, and were elated at
the turn Of affairs.
1t was evident, too. that the members of
the board are in full sympathy with the
measure. and that when the order comes
up for final passage next week it will be-
come law.
HOW THE LAW STANDS.
The report OF the committee is as follows:
In the matter OF the petition OF the Women's
Christian Temperance Union, indorsed BY the
Board Of Police Commissioners requesting that
subdivision 3a OF section 10 OF order $50 be so
amended as TO strike out the provision which
enables any person TO obtain license after
being refused permission by the Board of
Police Commissioners, 10 sell liquors at
retail upon obtaining the written recon-.
mendatlon OF not less than twelve clii-
zens OF San Francisco owning real estate in
the block or square in which said business is 10
carried on, etc. Your Committee on License and
Orders reports that the provisions of the act OF
the Legislature OF 1877-7S regulating the mode
and manner In which licenses 10 sell liquor at
retail can be issued aud the order In Ques-
tlon are Substantially TO the same effect Thus
1t would appear that this board does not possess
the power TO change or to repeal by order any
provision enacted and Imposed by the Legisla.
ture.
As your committee understand the object OF
this application 1t Is not TO place the power OF
granting permits In the Board OF Police Comms-
slOners 10 sell liquors retail contrary 10 the pro-
visions OF the statute, but 1t is simply to EN-
power that board 10 refuse 10 grant permit for
the Issuance OF a license 10 sell liquors at retail
In connection with other business which is OF a
demorallzng and indecent character
DEBAsING EXHIBITIONS.
In reporting upon the deb sing exhibitions
which have been long prevalent In this cOmmu-
niIy, which have defed the power Of the police
under the general orders OF this board To sup
press. II has become a subject OF grave import 10
our citizeus that such exhibitions aud places
the char acter OF which was so well known, should
exist and flourish In spite OF all the exertOus OF
the authorities.
Our citizens have viewed aud suffered this
moral cancer TO spring up and grow in cur midst
until the results have become pa ent that tncy
now, without reference 10 political affiliations
demand OF this board some action TO stamp out
practices and exhibitions which are a disgrace
10 the fair fame of our city, which are
pernicious ana destructive in their iuhu-
ence upon our youth. leading them from
the paths OF recttude and virtue 10 de
bsucbery and crime by impIanling In their minds
Gus pleasures, aggravatIng and deadenlug their
sensibllIties by alcoholic stimuants. resulting in
making moral wrecks OF those who but for these
allurtng and meretT ciOus influences would be
honest ana respectable. Tie wanIOn ribaldry
the open shame Haunted on every hand Ia these
dlsg, acefui dens are destructive OF all earlier
teachings OF morality. and once Within the walls
of such places the fate OF our young men and
women Is utter and inevitable ruin.
WORSE THAN POOL SELLING
Your committee. 10 view Of the action OF the
board in stamping out the pool selling nIQulty 70
protect our young men, have an equal interest In
stamping out all places Of debauehery that are
even worse in their effects. damning both soul
and body OF thelr votaries and visitors The
action necessary TO stamp out, utterly uproot
and destroy all places of this demOraliziug cRar-
acter Is vested In this board. Radical evils re-
quiFe radical remedies, and whatever may be
the scope ana language Of the statute it cannot
limit or prevent legislation by this board not in
consistent with Its plain intent.
Your committee do not propose TO suggest any
legislation that OF itself would be vioatlve OF
the statutory enactment, or TO place any power
in the Board of Police Commissioners 10 refuse
permit for license TO sell liquor al retail as
therein prov ded, Dut do not propose 10 place the
power In The Board OF Police Commissioners TO
absolutely determine and refuse to grant per
mit to sell liquors at retail in connection with
any place where Indecent or demoraIizing ex-
bibitons or perfoI msnces are or would be gwen
The board undoubtedly possesses this power
under the provisions OF the consolidation act
and Il is Its duty TO legslste to prevent any
person from obtaining permit 10 sell liquors at
retail In connection with performances or ex-
hlbitions which of themselves are demoralizIng
and degrading and but for which license no such
place could exist
INTENT OF THE LEGISLATURE.
1t could not seriously be asserted in or be
entertained by any court that the intent OF
the Legislature in prescribing the duties OF the
Police Commissioners was TO enable persons 10
obtain a permit for a license 10 sell LIQUOR at
retail in connection with the keeping or MAIN
tanning improper exhibitions and performances
discredIable 10 the community and destructive
OF our youth, after a refusal on the part of the
Police Commissioners, upon obtaining the
written recommendation OF not less than IL
citizens Of San Francisco owning real estate In
the block or square In which said business OF
retail hquor-deaer was to be carried on or in
the four blocks or squares bounding the same
This assumption would be an absurdity. Ex-
perience has demonstrated that existing orders
prohibItory OF Indecent exhibition. etc. are and
have been constantly violated, Notwithstanding
all tie exertiOns OF the police and courts. and
that they flourish aud get patrons and profit by
selling liquors. The only effective remedy Is by
taxing away that privilege whert by they n nd n
profit and but for wh,eh these practices and
entertainments would be abandoned. Our
Judges cannot shut their eyes TO what they know
as individuals and warp their minds as TO the
construction OF a statute so as 10 annul or pre-
vent legislation TO protect our citizens from
vicious hauuts and Infamous dens Ia their midst
The le gIslation recommended is desired by ALL
respectable and reputable citizens The leapue
OF citizens OF ganized 10 aid In this reformation
and the associai Ion Of licensed lquordea ali
reprehend the iniquity OF what are known as the
dives, and favor all means by which these dis.
reputable dens may be abolished.
REGARDING BURSTS OPINION
Your committee desire TO state that since
formulating and agreeing upon the order which
your committee have had prepared an opinion
has been received from the City and County At.
torney relative TO tie construction of the statute
regulating the matter aud is herewith submitted.
Your committee, however, retteTate their opin-
Ion that the board has the right to pass and do
hereby recommend the passage OF the ord sub
mitted. as II possesses the power 20 supplement
any statutory enactment by adding such other
or further requirements as may be eficaeIous to
prevent degrading and improper exhibitions
from being given. aud which is inlmica to no
Interests but those OF the vicious and d-praved.
In conclusion this Is a police power. The
operation of The statute places the auth oTty In
the Board of Policr commissioners. and this ad-
ditional remedial legislation confers the power
I'm the cases mentioned 10 the same board as
the body most competent To judge and put into
operation corrective measure 10 secure the best
results and To effect radical remedy for evil
and reprehenslve exhibitions, which experience
shows cannot Do accomplished by any other
means.
A resolution introduced by Supervisor
Heyer 10 the effect that the amendment be
adopted was unanimously passed to print
The Coopers Union.