The morning call., 1893-05-24
MOVE ON, NOW !!
Police to Show Dive Men
Scant Respect.
CROWLEY LOSES NO TIME.
The Possible Unconstitutionality of
the Ordinance Is Now the Hope
of the Divekeepers.
CROWLEY LOSES NO TIME.

at seems almost too good to be true"
That was the way one man put 1t who
has for months done every thing in his
power TO help on the cause.
Of course, he alluded to The passage of
the dive-cosng ordinance by the Board of
Supervisors on Monday night.
1t certainly is true that the ordinance
was passed. The question, therefore,
should be restated thus: Is not the pros
pect of Kidding San Francisco of the hua-
dreds of canKerous little spots which have
diseased her so long too good to be true?
VIII the ordinance affecting that end be-
declared lawful and strictly enforced?
So far as It's en- nI0rcement Is concerned.
little doubt need be entertained in regard
to the will and ability of the Police De-
partment to carry out the mandate Of the
Supervisors. i
Said Chief Crowley yesterday afternoon:
1.-The ordinance is already in the hands of
the captains. Strictly speaking, ! have
done this In advance Of receiving official
notification of the pasSage,of the ordnance.
so yol see the Police Department in
tend to act up to the limit OF their power
in executing the new law.
the first thing done will be to get list
Of all dives. saloons aud other resorts
with description Of each place, its enl-
ployes, etc, and also the time when the
last three months license was issued 10 it..
Until the Judges have decided upon
the legality OF the ordnance. however, We
cannot cause the arrest of any person
without warrant. If we did so We
would get the department and city into
heap OF trouble.
I'm regard to the constitutiOnality of the
ordinance. Of course l have my opinion,
but it would be unbecoming in All tficer
whose duty 1t is to execute the law 10 eX-
press himself as believing or disbelleying
IN the validity Of any ordinances.
What | am here to say, however. is that
in my opinion this ordinance, or similar
one, should long ago have been passed,
ana nave always been right in with IHE
CALL on the proposition of closing the
dives by some means or other"
City and County Attorney Creswell has
not yet received official notification OF the
passage OF the ordinance, and was not pre-
pared to state his views on the question OF
its cOnstitutionality.
I'm case OF suit against the city on the
part of ouSted divekeepers | shall no
doubt be called upon 10 handle tire cases
on behalf of the city, and will be then
obliged to examine carefully into the
matter"
Police Commissioner Clerk McKenna
stated that he had been expecting TO re-
celve certified copy of the ordinance, but
u had not yet come 10 the Chiefs hands
he expected to receive it to-day.
Il had talk this morning with Robert
j. Tobiu, president of the Board of Po-
ice Commissioners" continued Clerk Nc
Kenna, "but of course no definite course
has been decided upon as yet.
Commissioner Tobin will meet Chief
Crowley Tomorrow and have an informal
talk with him in regard TO what inlmedi-
ate steps should be taken by the force.
Il have been In this position about
fquarter OF century, ana well do | remenl-
ber the old ordinance-secto 80 of order
No. 15S7-to be precise, under which it
was so easy to keep the dives closed.
"The section recited that between 6
P. NJ and A. NJ no women should be en-
poyed in any capacity in saloons or other
places wherein liquors are sold. All we
had to do was to raid such places and we
very soon stopped the business.
1.-The law was in force for many wears
Suddenly appeared, however. the new
constitution, which enlarged the privileges
Of women. Some one raised the ouestInn
new cnD stitution, and in the Mary Ma
gure case, which was made a test case.
the Supreme Court declared in fayer of
the dive people.
so it remains to be seen whether the
present ordinance will be construed as
likewise in conflict with the State copsti-
tuition.
1T would seem on its face TO be kind
of SIX legislation but some phases of
the ordi, ance may save it. I certainly
hope So"
All the prominent lawyers were of
opinion that the constitutionalfty 0f the
ordinance could not be for moment aues-
toned. 1t had been carefully framed by
some OF the best legal talent in the State,
and they thought that an adverse ruling
in the Supreme Court would be direct
slur not only upon he decent element but
on the legal prOfes sion in CHlifnrnia