The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-03
DIVES WIDE OPEN
Two Arrests Made Under
the New Law.
SELLING WITHOUT LICENSE
The New Anti-Dive Law Will Be
Tested Early Next
Week.
SELLING WITHOUT LICENSE

Two divekeepers, whose licenses had
expired and who went right along without
those important documents, were arrested
Yesterday for violating the anti-dive law.
and last night the Police Commissioners
decided to proceed against all violators of
the law.
The dives will have to go now. unless the
Supreme Court declares this ordinance IN
constitutional. and we will know in a few
days whether the law will stand the test
or not
The quarterly licenses of five of the dive
keepers expired Wednesday at midnight,
and under the new anti-dive law the Police
Commissioners have not the authority to
renew them.
What are these divekeepers going to do?
Keep open in spite of the law" is the
answer of the divekeepers, acted out to the
dot if not expressed in words.
What are the police going to do?
1--WE are disposed not to modest the dive
Keepers unless orters come from the
Police Commissioners TO the contrary,
says Chief Crowley. until the new order
has been tested in the Supreme Court.
We look forward to an early decision of
the case, and pending that don't see what
good it would do to load down the Cockets
with cases before we are sure we can make
them stick.
"Of course, if a quick decision of the
new law is not rendered then that will be
another matter, and The dives will have to
close pending the decision. Warrants have
been served on two of the dives. one for
each point involved in the ordinance. and
we will do all we can to press the matter
TO a speedy hearing before the Supreme
Court"
Ona of tho dival-aaDare arractad yaS+ar
day was John Hayes, who runs the no.
torious Eureka Hall on Kearny street.
near Sacramento. He is charged with em-
ploying women TO sell liquor in theater
without license.
Felix Smith, of 81 Grant avenue, who
runs cellar dive al that number, was the
second example. He is charged with en-
ploying female walters TO sell liquors in
place where there are liquors, etc.
Both men gave bonds before Judge
Joacbimsen in the sum of $500 and the
places of both men were wide open last
night and running as though nothing had
happened.
Ex-Judge Davis Louderback appeared
as attorney for both men. During the
afternoon he filed in the Superior Court
applications for writs of habeas corpus in
favor of his clients and the hearing no
doubt will be set for an early day.
"In my position as counsel for these
men," said Attorney Louderback. ''of
course l think the law is uncon stitutional.
In my opinion the points involved have al
ready been passed upon by the Supreme
Court, which has said that a law W ich
discriminates between men and women in
the matter of restricting the freedom of
either is unconstitutional. That was de-
clded in the case involving the old ordi-
nance, which prohibited women from en-
terlng or being in saloons between 6
o'clock in the evening and 6 in the morning.
Tho Gonrt how IN
itself to uph old the present anti-dive laws;
that is, in my humble opinion. OF course,
though, lam not venturing guess how
this case will be decided"
All the dives were open last night, just
about the same as before Two of the
dives, whose licenses have already expired
drew down the blinds last night and pre-
scented a darkened interior. The other
three ran wide open.
Last night every one of the FIVE places
sold liquor without license, and some Of
the anti-dive people who are DESTROYS of
having the Jaw upheld to the letter de-
-clared that no other liquor-deaer, not
dve-keeper, would dare to sell LIQUOR be-
fore he had his license.
These people, too. are inclined to think
that the prosecution has not gone at the
matter in the right way. They say it is
not the business of the police 10 force a
test case; that that should be left to the
dive-keepers themselves.
The anti-dive people declare that the
only concern OF the police in the matter
should be to see that no person is allowed
to sell liquor, with or without women en-
ployes, unless they have license to sell.
Their contention Is that the men ar
rested yesterday should have been charged
with selling liquors without a license and
that If the divekeepeTs want to test the
law their course is to sue for a writ of
mandate compelling the Police Commits
SlODar9 issua linoncaS tbaro
ground that the order prohibiting the Com
mlss1oDers from granting them licenses is
unconstitutional.
1t is understood that the League of
Freedom IS interested in the present fiyht.
though the mem bers of that organization
will neither confirm nor deny it.
Tiers has been an association of dive
keepers formed to test the law, and the
legal expenses involved in the cases of
Hayes and Smith, will be borne by that
organization.
There was to have been meeting of the
dive proprietors at Eureka Music Hall yes
terday afternoon, but owing to the prompt
action OF the police in arresting the propri-
etor of the dive the meeting was post-
poned.
Ii Is not expected that any further action
Will be taken until the matter reaches the
Supreme Court and the constitutionalitv
Oh the law Is decided upon once and fer ali.
The anti-dVe people, however. are wide
awake on the subject, and a mass-meeting
Will be held again at Metropolitan Temple
Sunday afternoon.