The Coconino weekly sun., 1895-07-03
THE LOST CHORD.
Prima Donna Must Not Sing in the
 Local Saloons.

soft and sweet" which erstwhile burst upon the demulcent evening atmos- phcre, offend the cultivated ear of the mnsic-loYing public of Flagstaff. Assault and battery may stl! be com mltted upon the piano of upright character, but the lily white hands of tie p3Ga donna who once smiled so joyously behind the keyboard will not be responsible for the offense. The horny-handed Sons of Rest now have an open field and all the room there is for PaderewSki movements, and when you hear Wagneran wall sobblng upon the sadly silent sea of sound, you may know that male musicians are humping the teeth of the piano and twanging the strings of the violin. According to decision in the local police court their sex protects them, but woman must not frequent a saloon upon any pretext whatever.
 City Marshal Hochderifer arrested Agnes Nelson, recently engaged to play at Donahue's saloon, and Bella Raymond, who had moved 1.-The Side walks of New York" to 'Fraukfurter's place, and the case of the former was tried before Justice Prime last Friday, City Attorney Clark representing the people and E. M Doe the defendant. The women were charged with ire. quenting aud lettering in saloons and the town marshal was the only witness.
 Mir. Doe admitted the facts as charged, with the exception of the phrase Tn regard to lettering, but held that the women had constitutional right to pursue their occupation in any place SO long as they conducted them- selves properly. The fourteenth amendment to the United States Cor- stitution provides that no state shall pass any law that abridgcs the privi- leges of any citizen. Mir. Doe took issue with Mir Clark in regard to municipal bodies having the power to suppress the saloon business,
 "It may be regulated" said he, ''but the power to regulate does not give the power to suppress. The town council may regulate tie time and manner of playing these instruments in saloon, but it cannot suppress the carrying on of legitimate occupation. There are restrictions on the powers of lhe council. It must not contrayens the rights of the individual, There is nothing wrong in the playing of in- struments in saloons. In the large cities female clerks are selected as ,leswomen with view to their beauty. They may exercise their charms upon a customer in what might b, considered an immoral manner. The city council could regulate the business of the saleswoman but they could not prohibit it.
 .'In this case there was no pretense that the public welfare was interfercd with, no preteuse of immoral conduct, no charge that the women were drink iug or loitering about the places"
 Mr. Clark in his closing argument presented three propositions. First, that the facts were conceded and proved. Second, that the facts were based on valid ordinance. Third, that the Territory of Arizona had delegated to municipal bodies the power to make such ordinances as they deemed wise and necessary. They have the power to license, tax, regulate or suppress liquor gambling and other disorderly houses. The power given to the council is to regulate business as it sees it. It has the power to say that females shall not enter saloons for any purpose whatever.
 MT. Clark read authorities to show that the ordinance is not repugnant to the United States constitution ol those of the territory. Such a law is most salutary and in the line of nor. alily and progress.
 ..Some of my best personal friends are in the liquor business" concluded Mir. Clark. "l am not opposed to the business, but l do not particularly commend it.
 Justice Prime found the defendant guilty and imposed fine of $lo. The case will be appealed, pending tho settlement of which the dulcet-voicet soprano still warbles at Donahue's but the grand opera contralto ha' s,,,vht an pnVnHOm6nJ elsewhere, th(