The San Francisco call., 1897-09-08
VASHHOUSES
NOT NUISANCES
That Is, When They Are
Conducted Neatly, as
They Should Be.
Judge de Haven Renders an
Opinion on the Rights
of Property.
A San Mateo Ordinance in Conflict
With the Fourteenth
Amendment.

United States District Judge de Haven
rendered an opinion yesterday morning
in the matter of Hon- Wah, convicted in
San Mateo City for main tanning Chinese
laundry in that place, and the matter was
taken before Judge de Haven to deter
mine the constitutionality of the San
Mateo ordinance against washhouses.
Judge de Haven decided that Hong Wah
or any other man, irrespective of color or
race, had a right to operate laundry in
San Mateo or any other clty, so long S
his business was not detrimental to the
health of the neig hbors. A mere arbi-
trary declaration in city ordinance that
such and such thing is a nuisance and
that it should b. suppressed amounts to d
conhscation OF property and prevents the
citizen from enjoying his rirhts under the
constitution of the United States.
In reply to the proposition that the
Supreme Court in ex-parte Hang Kie, 50
California 149 had decided constitutional
an ordinance of the city OF Modesto, pro-
hibiting the carrying on OF any public
laundry in that city, except within certain
prescribed boundaries, Judge de Haven
said: The opinion IN the case referred to
undoubtedly supports the contention Of
respondent that the ordinance of the city
valid, but that case has been virtually,
although not expressly, overruled by the
Supreme Court OF the State of Californ ia
and | do not think would now be re-
garded as authority in that court"
The Judge quoted from e1-parte Whit
well 10 the following effect:
A law or ordinance the effect of which is to
deny to the owner of property the right t
to conduct theron lawful business is
invalid unless the business to which it relates
is of such q noXious or offensive character
that the health. safety or comfort of the sur
rounding community requires its exclusion
from that particular locality, and an asylum
Tor the treatment of mild forms of INSANITY is
not properly classed as such.
at will be observed in the case Just
cited" " added Judge de Haven, 'that the
decision of the court rests upon the broad
proposition that the ownership of prop
erty, no matter where situated, carries
with it the right to use, and to permit
the use OF such property in the prosecu-
ton of any legitimate business which is
not a nuisance in itself, and that the ex-
clusion of any such lawful business from
a particular locality can only be justified
upon the ground that the health, safety
or comfort OF the surrounding community
requires such exclusion.
"a moments reflection will show that
any rule less broad would fail to give ef-
feet 10 the compre hensive declaration of
The fourteenth amendment to the consti-
tuition of the United States. The
right to use property in the prosecution of
any business which is not dangerous to
others, nor INJURIOUS nor offensive to per-
sons within its vic nifty, is one of the legal
attributes OF the owner,bip of property
of which the owners cannot be deprived
by the arbitrary declaration of any law of
the State or municipal ordinances, nor
can the right of any p rson to engage in
any useful occupation, not nuisance per
Sc, at any place he may select, without in
fringing upon the legal rights of others,
De enied by any law or ordinance
1T is certainly a matter of common
observation thai a public laundry is
harmless In itself. and if properly con-
Quoted with reference TO sanitary and
other conditions, which may easily be
com piled with, il is not offensive or dan
gerous to the health OF the community
in which it may be situated; and this be-
ing so person has under the constitution
of the United States the same right to
engage In the business of conducting q
public laundry as in any other and has
equally with the grocer, the lawyer or
carpenter the right to select the particu-
lar locality at which he shall conduct such
business. The ordinance in question
denies this right, and is for that reason in
conflict with section l of the Fourteenth
Amendment TO the constitution of the
United States A person desiring
to carry on such business has the right
to select his own location and cannot be
required 10 go elsewhere"