The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-09
MUST BE CLOSED.
SO Say the Anti = Dive
People.
LAXITY OF THE POLICE.
The Commissioners Could Shut Up
the Pitfalls if They so
Desired.

ut Is in the hands of the Police Com
missoners and the Chief Of Police to see
that the dive ordinance is properly carried
out" observed Michael H. Flood. presi-
dent of the Citizens Anti-Dive AsSocia-
ton. to CALL reporter yesterday.
''They claim" he continued, ito have
the right to:permit the dives to run on till
a final decision is rendered by Judge
Murphy in the case Of Foster Of the Bella
Union. declare it positively wrong that
the Police Commissioners should act as
they are doing. We depend now to great
extent upon the press for help, especially
upon The CALL, which has been inces-
SAINT in its warfare against the dives.
ga little while ago. continued Mr..
Flood, II went to Lee. the late License Col
lector, and asked, How comes it that these
people are running without licenses
Have their old ones been renewed? No.
he answered, they are running without
any licenses at ALL
sit is in the power of the Police Commits
sioners to stop that" declared Mr.. Flood.
but they seem to take it for granted that
the dive ordinance is unconstitutional. Il
is not their duty to pass Judgment upon
the legality of law but to carry it out as
it exists. At present they are permitting
its gross violation"
II. 0tdIs Wuou QuOotiUuCu iCopCCtiuS
Athe dive ordinance, observed: 1--WE are
alive. and we propose to do all we can TO
prevent the law being violated. In my
opinion the Police Commissioners should
not permit the transfer Of dive unless
the man who takes it swears that he is not
about TO carry on the same kind OF bust
ness, that he Will not have any theat
exhibition, nor permit women to take
public part in any manner whatever. Ii
he would not swear this l would refuse
him the license upon the ground that he
was about to keep a dive. The Police
Commissioners could close the dives If they
would.
Il have prepared a reply brief. and am
about to file 1: in Judge Murphy's court
to-day or tomorrow. 1t will close the case
for the defendants. AS for the decision,
We scarcely think that Judge Murphy will
feel he ought to override the Supreme
Court. That's for him to decide, however.
"Foster and all those who are conduct
ing the same business could be prosecuted
for misdemeanor. 1t is contrary to the
Penal Code to sell liquor in any place
where theatrical performances are car
ried on.
1.-THE advantage of the dive ordinance is
t hat 1t takes away the licenses, shuts up
the shops of the divekeeDers entirely, so
that they cannot evade the law. We are
determi ned that the Bella Union and
places Ike it shall 60, and in one way or
another we shall see that 1t is done"
A. 3. Forbes when seen upon the same
subject, observed: II have been and
always am in hearty sympathy with any
movement to suppress dives; but why
should the whole burden of this move
ment be left upon US? l do think it is
time for the citizens to bring their con-
demnatiOn to bear upon the Police Com
missioners. If the citizens are so utterly
Indifferent as they appear to be. it is a
little hard to expect US to do all the fight
ing