The morning call., 1893-09-06
A SUPREME FARCE.
Merced County's Inactive
Liquor Law.
How a Friend of High License Sought
to Obtain a Decision, but Mis-
laid Ills Plans.

The dignity of the Supreme Court was
seriously ruffled yesterday when the test
case of the people against George Page
was called for argument. The case has
its primary history in Merced County. but
the last chapter ended so abruptly that no
one can safely. predict the denouement.
Merced County aims at prohibition. and
few months ago. through the legal al
vice OF j. f. Peck, the Supervisors passed
an ordinance that was intended TO fore
stall the traffic in spirItuous liquors.
1t demanded a license of S12. eco year,
payable quarterly in advance, sight drafts
and promissorY notes being barred on
general principles. Nothing but cash
would count.
The dipsOmaniacs of Merced waited long
iDgly for some one to open a saloon after
the ordinance went into effect, on March
!. but the dealers declined to risk 5000
against what was possibly only a spasm of
temperance. Confirmed tipplers had to
purchase their weakness in wholesale
quantities.
Finally a few venturesome persons be-
gan the sale. of liquors without going
through the formally of procuring per-
mission and paying $1,000 for the same.
They were promptly arrested. but the
cases were dismissed for lack Of prosecu-
Ilon.
At last the friends of high license CEN
tered their attention on a druggist who
was eY8dlng the law. and they caught i'm
in the act of handing out whisky without
a prescription and taking money for the
same. His arrest. trial and conviction fol-
lowed in the Justices Court, but an appeal
to the Superior Court was promptly taken
Judge Budd in his decision said that the
law was unconstitutional, and accordingly
TnVprSpN fla decision Of hpi IA
MIR. PECK was chsgrined at this new turn,
end he vehemently criticized the action Of
Judge Budd, saying that his opinion was
not in keeping with the law. Tradition
SAYS that he termed the decision rotten
very punk"
Anyhow Mt. Peck concluded to try
new tack. He has an aged and infrm
tather-in-law. by name George Spring, aud
he mOnOpUiiZed the old mau's idle mo-
ments ami made him subject for posi-
bic test case in the Supreme Court. Old
Mr.. Spring was given a bottle of whisky
and instructed TO sell few drinks to
thirsty citizens or travellers. Il was ar
ranged that the patriarchal gn-siingeT was
TO make no effort al COucealment but was
10 place himself in the light of a vicaTinus
sacrifice TO temperance. The Oid man
learned his lines, sold some whisky and
was then told to come to San Francisco
and be arrested for retailing whisky with
out license.
So when the case was called in the Su-
preme Court yesterday morning Mr. 7 ok
and the prisoner" were presen', while t.
II. Gould, 7. &. Law and L. d. McCabe
were on hand to champion the cause OF he
other side. Ia his opening statement Mr..
Peck aroused the su,DlciOn Of the SupTe ne
Court which caused Justice Mcfarland 10
order that the prisoner" be placed on the
stand and be sworn. There is an ap-
parent intention TO trifle with this court"
said Justice Garnutte.
In response 10 questions the old man said
he was carpenter. but his II years pre-
cluded working at his trade. he said lie
Lad never been engaged IN the liquor
business and that he had never sold drop
Of whisky in his life.
This answer was made in response to
questions Of the liquor-dealers' attorneys,
and Mr.. Peck seemed dumfounded. as the
Dd gentleman continued to speak and for
get bis part in the burlesQue. Then he
took The witness in hand and asked him;
Have you never sold any Whisky?"
"Oh, yes" he replied, as the coaeher
confronted him. Il sold TWO drinks in
Merced. and took the money for them"
Were you ever arrested? ?" asked the
court.
No, sir; never"
Yes, YOU were" prompted Peck.
Yes, | was" renewed the old man. 81
came Up 20 san Francisco to be arrested, |
suppose" and he looked to his son-in-law
for approval.
That will do" said Judge Mcfarland.
Now, sir, turning TO the witness, were
you not Instructed to sell a little whisky,
be arrested and serve generally as a stool
pigeon in order to get this case before the
Supreme Court?"
II suppose so; | guess that was what
they wanted" Mr. Spring agreed.
6rief conference followed on the
bench, and then Judge Mcfarland an
nOunced that case y as dismissed, and
IN all probability Mr.. Peck Will be cited to
appear for contempt.