The morning call., 1893-06-07


ing liquors shall be carried on, or In regu-
lating the manner in which such business
| shall be conducted
petitioner remanded."
CoNCURRING OPINION.
81 concur in the Judgment. Upon the
| facts shown by the petition and he return
| the petitioner is lawfully detained ire
| spectlve of the validity of the amended
| ordinance. If it is valid the complaint
already charges him with its infraction;
! II II Is invalid the facts alleged constitute
| an lnfraction of the unamended ordinance.
| In elther case all offense is charged, and
the Imprisonment being lawful in any
event the question as to the validity OF
the ordinance cannot be decided in this
proceeding without going outside of the
case presented, which DOM care TO do.
BEATTY, c. !"
CoNCURRING OPINION.
Il concur in the order remanding the
petitioner because do not think that the
| points sought TO be made by him can be
raised Ou habeas corpus. A proceeding
under the writ of habeas corpus cannot be
turned into either a writ of error or a nisi
priuS trial.
LAS to whether parts of the ordinance
in question are constitutional / express no
| opinion. except to say that, in my judg
ment, they are not covered by the Chris
tensen case. The facts in that case are
entirely different. and the dictum of the
opinion therein delivered must be taken in
connection with the facts then before the
court. If taken in its broadest sense then
it can be maintained only by assuming
that there Is no constitutional right of
property in wines or anv kind of spiritu-
Gus or malt liquors, and that. by statute or
ordinance, they can be contiscated wher-
ever found. like smuggled goods.
"MCFARLAND, j"
sex Parte Smithy.
tlan
Upon the authority of Ex Parte Hayes
petitioner is remanded."
This of course settles the dispute. and it
now remains for Chief of Police Crowley
and his merry men TO descend uron all
dives, one by one. and in very short
while the question which has raised so
much Indignation Of late in the city will
become thing of the past. Hayes and
Smithy must go back TO jail
The members of the Citizens Anti-Dive
League are greatly pleased over the de-
cision of the Supreme Court in their favor.
H. l.. Gear, the attorney for the league.
said last night that the citizens would un-
doubtedly follow Up their advantage. He
was confident that the Polce Commission
ers would grant no more licenses to the
dives and if necessary the league would
see that the police closed the saloons that
| atte tempted to sell liquor without license.
The whole success of the movement is
due principally 10 THE CALL aud its un-
Swerving eXertiOns in the cause of good
order When we needed help the most
IHE CALL gave it TO us. The other pa
pers helped afterward and did much good,
but THE CALL deserves the credit for
raising and helping 10 bring to a success
ful issue this very important question.
u think we will succeed for two reasons
The first is, that we have public opinion
with US. The second reason is that it is to
the advantage of saloon men doing legt-
| H. II,
and for that reason we will not have TO
fight the liquor element.
Judge Louderback's position is rather
an awkward one. He drew up the pre-
yous anti-dIve ordinance. and was will
ing, he said, to guarantee its validity.
Ours is drawn on exactly the same lines.
and he tried to prove 1t unconstitutional"
Michael Flood, president of the league,
said: 81 was told a hundred times that
we would never be able to get our ordi-
nances passed ~ the Supervisors. When
we succeeded IN doing that they said The
Supreme Court would knock the dive bill
into q cooked hat. But always felt sure
we would come out ahead. That we have
succeeded is due in no small measure to
The CALL. 1t has helped us at all times
and has never been found wanting.
The Citizens League will not disband
TIL lis work is done. Now, that the Su-
preme Curt has said we have the power
to do so, we will have to see that the filth
OF the cty's slums is abolished and wipe
out the dives entirely. OF course, they
won't go without a struggle. But we have
right on our side. the consensus of public
! opinion and The CALL, and | think we
Will win"
The Barbary Coast was unusually glum-
loOKins last night. For years there have
nightly issued from doZens Of yawning
cellars hideous discords. These made the
music TO which the habitues of ths dance
l, N f,,lt1 ia 81
Last night, with one or two exceptions,
these halls were quiet. There was no
music. There was no crowd of drunken
sailors. The girls were there, but they
looked very glum.
In the Alaska Music-hall. at 500 Kearny
street, one of the most notorious of the
dives. there was no music. A few women
sat discnnsoately staring at the empty
hall, aud had not enough animation even
to ask the reporter tp treat when he
looked in. The Colorado. at 92l, was also
silent. as was The Whale and scores of
smaller Barbary Coas, music-hals.
The haimar at S11R Kparny and the
New Montana at 923 Krarny street were
doing their best to >eem free from fear of
| ordinances. Several extra cornrts were
added to their bands to give their music
| more volume, but the invitation to the
dance passed unheeded. Only one or two
| glddy couples whirleu on the waXed floors.
a few stood in the doors and looked on.
| There coud be no doubt about it business
was bad-very bad.
Last night for the first time in many
! years the Eureka dive on kearny street,
! between California and Sacramento, was
closed. For the first time its corners have
not ecnoed obscene jests and the harsh
| laughter of half drunken men and women.
! The Comique, at the corner OF Pine and
| Kearnv streets, bears the sign "To et,"
and a similar sign is posted up over the
doors of what WAS once the Elite Theater
at the corner of Geary street and Grant
avenue. The Bella Unions big sign that
| it would open on June still bars the un-
| opened doors.
But the others are going. Bottle Meier's
and Bottle Koenig's delight the Barbary
| Coast audiences. The more select society
of Tar Flat finds congenial enjoyment in
| the delights offered by the Buckingham on
| Market street.
The Olympic and Palace theaters on
Dupont street are also open. All have
women walters.
| There is surely more work at hand for
| the Citizens Anti-Diye I,eapue