The herald., 1895-05-21
SALOON TEN IN LINE

This is the way the mayor yesterday
tore the recently enacted Sunday and
early closing ordinance to smithereens.
His honor literally turned Gatling gun
loose upon the new law and it is now
thing of the past. The mayors message
is in full as follows
TO the Honorable Council of the City of
Los Angeles:
Gentlemen-Ordina regulating the
closing during certain hours of all bar
rooms, saloons and other drinking places.
within the corporate limits of the city OF
Los Angeles, Prescribing penalty for the
violation thereof. and prescribing certain
duties of the police comm ission in rela
tion thereto. is h ,reby returned, without
approval, for reasons hereinafter set forth
to-wit:
Section of this proposed ordinance
provides that All door entrances or other
avenues of egress and ingress of and to
any bar room, saloon or drinking place
within the corporate limits of the city of
Los Angeles, shall be closed in such Il
manner as to prevent ingress and egress
to and from any such bar room. saloon
or drinking place between the hours If II
o'clock m midnight on Saturday night. and
II o'clock midnight on the Sunday follow
ing, between the hours OF II o clock
midnight and O'Clock a. m. OF every
week day
heavy penalties, for the proprietors of
any bar room, saloon or drinking place,
within the corporate limits of the city
to enter his own place of business under
any pretext whatever, and in effect, for
the time mentioned, turns the owner out
of his own place. and compels him to seek
other quarters from II o clock midnight
until 5 a. nj. every week day, and from
Saturday night at II o'clock until the
same hour on Sunday night.
II is an old and we'll established rule of
common law, which is familiar to every
layman, that a mans house Is his CASTLE
and being his property. neither law nor
ordinance can deprive him of its legiti-
mate use so long as in such use he does
not infringe upon or Interfere with the
rights OF others. This reasonable use is
an attribute OF property, OF which person
under the constitution OF this state. as
we'll as that of the United States, cannot
be deprived without due process OF
law. Being his property, either by free
hold or leasehold. he has the inherent
from, at will, and any attempt to deprive
him of this right by legal enactment.
would be an invasion CT personal liberty
and property rights, which, IN my opin-
ion. is not within the power of municipal
legislation.
United States provides. among other
things, that mo person shall be com
PEELED to be witness against himself
nor be deprived Of life, liberty or prop
erty, without due process OF law. nor
shall private property be taken for pub
lie use without just pensation. and
section 13 of the declaration of rights OF
our own constitution enacts this same
provision in the same language. 70 say.
teherfore. that person shall be COM
PEELED by law to abandon his property
during any hours of the day, or days of
bo q nv n
warranted by and against the express
principles of our fundamental Laws.
1t is clearly within the police powers of
the city council to enact ordinances pro-
hibiting the sale, gift or barter of intox-
icating LIQUORS on Sunday. or the keep.
ing open of places of resort for such pur-
poses, which oints are fully covered by
ordinance NJ. s6t r~v e~rics ;'r's. ovod