The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-25
THE ORDINANCE VALID.
WHICH PROHIBITS WOMEN FROM
BEING IN SALOONS AFTER 8 P. NJ.
So Police Justice Wcnger Decides
in the Case of the City vs.. Barney
Harvey-YOung Harry Simmons
at His Old Tricks Again.

The demurrer in the case Of Barney
Harvey, charged with allowing women in
his saloon after p. m, contrary to the
city ordinance, was argued in the police
court Friday last, the justice rendering
his decision yesterday. Attorney Arm
strong appeared for Mr., Harvey and en-
tered demurrer to the complaint
claiming that the ordinance was uncon-
stitutional inasmuch as the constitution
of the state of Utah granted equal
rights to all citizens, both male and fe-
male, as contained in article ", section
1 OF the constitution which reads Both
male and female citizens of this state
shall enjoy equally all civil, political and
religious rights and privileges"
Assistant City Attorney Hampstead fol-
lowed in an argument against the de-
murrer. His main contention was that
if the state constitution rendered the
ordinance invalid, which, however, he
did not admit, then the party to argue
its 1nVdlldlty ana UNJUST discrimination
was the woman who Yas affected
in her right by the ordinance. Mr.. Har-
Vey could not do so. He was not the pro-
tector of the women of Utah. He could
not use that argument in trying to rid
himself of the offense charged.
Justice Wenger in giving his decision
said in part that under the constitution
a female has all the civil rights of a male
citizen and further that The supreme
court of the United States had rendered
a decision granting them the same. But
that the same decision refers to the 115th
u S, page $50 in New Orleans Gas Co.
VS.. Louisiana Light Co., wherein Justice
Miller is quoted as saying, mo legisla-
ton can bargain away the public health
or the public morals The people them
selves cannot do 1t, much less their ser
wants. This last decision further states
That there is a power sometimes called
the police power, which has never been
SURRENDERED by the states in virtue of
which they may within certain limits
control anything within their respective
territories and upon the proper exercise
of which, under some circumstances
may defend the, public health and the
puoilc morals or the public safety as CON
ceded by all the cases.
1t is contended that the uuesction of
sentiment, and it was suggested that this
might be a question of sentiment
| cannot take that view for the reason
that this is city ordinance. While
there is no preamble stating that
whereas it is immoral for female to be
IN saloon after the hour OF 8 d. M. il 81
evident that the mayor and city council
in passing said ordinance took that view
of the case. / therefore hold that said
ordinance is valid under the police reru-
lation protecting the public morals and
that said ordinance is not in conflict with
the constitution of the state, and the de-
murrer is therefore overruled."
MINOR OFFENDERS.
J. ". Greer and W. E. TUFTS vera
brought in charged with violating the
bicycle ordinance. Tufts pleaded s11iIfv
but assured his honor that the offense
was committed through ignorance of the
ordinace and he was discharged. Creer's
case was continued until today at D. m.
Frank Stevens, the chain gang fhug
was sentenced to an additional six
months This will give him little over
a years time before he is again at lib
erty.
HARRY SIMMONS AGAIN.
Harry Simmons, the eight wear old bo,,
who gets a great deal of amusement out
of life by taking long drives with other
peoples buggies when the occasion Of
fers, appeared before his honor charged
with grand larceny. The court discharged
the boy but reprimanded the father for
not looking more closely after his son.