The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-22
TWO GREAT EVILS,
The Civic Federation at Last
Acts on the Sunnyside
Franchise.
Its Two Ordinances Relating to the
Lotteries-Supreme Courts
Position.

Position
The Civic Federation has at last deter
mined to act vigorously, if it can find a
good, solid foundation of law to stand
upon, in the Sunnyside franchise matter.
Owing to President Truman's time and
attention being all taken up with the Dur
rant trial as Juror, it did not have good
opportunity until yesterday of settling
upon some definite plan of action, but yes
terday presented the opportunity sought,
when it was found that Mr.. Truman could
attend meeting, the Durrant trial having
been adjourned over the day.
What the federation, as soon as it was
properly organized at the meeting, con-
Guided to do was to instruct its attorneys,
Messrs. Morris Williams and Charles Wes-
ley Reed, to report at next Saturdays
meeting as to what legal proceedings could
be taken to test the validity of the act of
the Solid Eight by which the franchise was
awarded to the Market-street Railway
Company. 1t may be, says Mr.. Reed, that
writ of certiorari will be applied for.
Mr.. Truman was reelected president
and Mr.. Case secretary.
The lottery question was also taken up.
The two ordinances, which have already
been published in THE CALL, will at once
be sent to the Board of Supervisors, with
some notifications, in view of the recent
Supreme Court decision.
The State Supreme Court has declared
the Los Angeles lottery ordinance uncon-
stitutional. This ordinance was virtually
a copy of the San Francisco ordinance re-
speeding the having of lottery tickets in
possession. The decision was rendered by
Judge Harrison on September in the
habeas corpus case of Wong Hane, Judges
Garoutte, Mcfarland, Henshaw, Fan Fleet
and Temple concurring.
The particular words in the Los Angeles
ordinance to which the court applied its
decision were: "Unless it be shown that
such possession is innocent or for lawful
purpose" Judge Harrison said:
The effect of this ordinance is to make proof
of the mere possession OF a lottery ticket mis-
demeanor and to place upon the defendant the
burden of showing that his possession was
lawful or innocent. The Penal Code
OF this State does not make the purchase OF
lottery ticket an offense-the provisions of that
code being directed against the selling OF such
tickets. BY the very terms OF the ordinance
under consideration it is assumed that the
possession OF the ticket may be lawful or 1nno-
cent, and that in such case the possessor is not
guilty OF a violation of the ordinance.
The ordinance, however, throws upon the de-
fendant the burden OF proving his innocence,
and by its terms, unless he shows that his pos
session is lawful or innocent, his mere pos
session OF the ticket renQerS MIN llaDlo 10 pun
ishment. If there are. any circumstances
under which the possession of lottery ticket
may be lawful or INNOCENT a defendant who is
charged with the offense OF having such ticket
in his possession is entitled to the presump-
ton OF innocence, and cannot be compelled to
establish his innocence by affirmative proof.
To the extent that the defendant is required to
establish his innocence the provisions of the
ordinance violate his constitutional rights.
The remainder of the decision is to show
that the Objectionable clause being uncou-
stitutional the contest is also. This COM
pletely obliterates the ordinance, and it is
the opinion of the Federation's legal adj
yisers that the decision carries with it all
of San Francisco's ordinances on the SUBJ
ject too. For this reason any such objec-
tionable clause has been carefully omitted
from the two ordinances proposed.
One ordinance relates to advertising and
the other to possession. In letter ac-
companying them to the board the FEEDER
alton writes:
The owners and managers of the various lot
terry companies in San Francisco have become
rich and some of them worth hundreds of
thousands of dollars gotten out OF this Illicit
business.
Most of the lottery companies exist on paper
only and the sale of their lottery tickets is q
most shameful robbery OF the poor, who buy
most of the tickets. 1t can also be said that
the poorer classes of San Francisco are addicted
to the lottery habit; many put away a dollar
or two each month to buy lottery tickets till
the aggregate sum invested IN TINS criminal
traffic amounts to over 100000 month, most
of which is taken out of San Francisco and lost
to the community. The winning numbers of
these lotteries are advertised in some daily
newspaper and the lottery people are so pros
porous that they pay extremely high rates for
these notices.
The frugal and industrious habits of our peo-
pie are undermined by the presence of this
evil their moral ideas are perverted, and their
trust in the slow and steady returns of legiti-
mate business is impaired.
The laws as at present framed are made
uuate. The advertisements that awaken the
interest of the people are the tales of past
drawings and the names OF the lucky indi-
viduals who have leaped from poverty TO
wealth in a single day. 1t is only aiding and
abetting future drawings that at present are
unlawful.
The two proposed laws that the Civic Fedora
ton lays before you prohibit the aiding OF lot
teries by singing the praises OF past drawings
as well as of those yet to come. One is directed
particularly at the Chinese lotteries, whose
agents cover the City weekly. The letters and
books of these lotteries are unintelligible to
the notice,