The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-18

SalOOnkeepers Can Be Punished I'm
der the Prose emit One If They Allow
People ofaEsvdI Name and Fame
to COngregate in Their Saloons
Council Could Pass an Ordinance
Prohibiting Use of Partitions.
The report thate the grand jury intend
| ed to make an investigation as to the
violations of the liquor laws, and par
ticularly as to the conducting of wine
| rooms in connection with saloons, may
or may not have caused Mayor Kiefer
to ask the legal department for an opin-
ion as to his Fights to suppress the wine
room evil US
AT any rated the mayor did ask the
corporation attorney for an opinion, and
yesterday Assistant Corporation Attor-
| ney Arnold sent TO- the mayor a lengthy
opinion in writing. The corporation at
torney holds that the council can, by ordt-
nance, impose any reasonable restrictions
upon the saloonkeepers that the public
welfare may require, and that it would
be a valid exercise of the power con-
ferred by the charter to prohibit the
placing of partitions and boxes in places
where liquor is sold.
The following Is the letter in full:
Hon. A. r. Ketfer. Mayor of City Of
st. Paul-D car Sir: Replying to your
verbal request for information as to Or
dinances governing saloons. wine rooms
$50 called) and the visiting Of prostitutes
thereto. have the honor to advise you as
follows: There is no ordinance or law
prohibiting wine rooms in this city, and
| by wine rooms understand you to mean
boxes or closets partitioned off and closed
| to public view. In other respects a. wine
room would be on the same footing as
| saloon.
1 understand you desire to know wheth-
er these wine rooms $50 called can in
any way, be prohibited. The legislature.
| and in this case the power is delegated
| to the common council, having the power
| to require liquor dealers to take out
J license sound discretion as to the per-
| shall be granted. 1t follows that there is
! no constitutional objection to the imposi-
| ton upon the licensed vendor Of such rea
sonable and proper conditions and re-
| strictions as the public welfare may re-
| Quire in respect to the conduct Of the
business. the time, place and manner of
| sales.
I believe it would be perfectly valid
! exercise of the mower conferred by char
ter to prohibit the placing of partitions
| etc.. upon and in buildings used for the
sale of Intoxicating liquors. Similar laws
have been held valid in other states.
In MASSACHUSETTS, the following has
mo such licensed. person shall place or
maintain or authorize or permit to be
| placed or maintained upon any premises
| used by him fertile sale of Intoxicating
| liquors, under the provisions Of his Ii
| cense, any screen. blind. shutter, cur
| tain, partition or. painted. ground or stain
| ed glass window, or any other obstruction
| which shall Interfere with view of tne
business conducted upon the premises or
with view Of the interior of said prem
Uses"
| hazard tba. sc,,os+ion ~ bo+oJ how
rooms being closed between the hours of
| Y O'Clock midnieht and o'clock in the
morning, section 7 of Ordinance No. STA.
/ approved JAM 4. 1888, the same being sec
ton 591 of the compilation of 1896. pro-
vfdes:
| tavern, inn or restaurant and other
places where intoxicating liquors are sold
| shall she closed between the hour Of u
O'Clock midnight and the hour of
time no licensed liquor dealer shall. sell,
or permit to be sold or drank upon his
premises any liquor Of any, hhd;'
language in constituting Section 2012 of the
General Statutes of.1S94, this section hav-
nance above mentioned, except that it
exempts hotels, which the ordinance does
not Under the section a(2012) above re-
keeping the place of business open dur
ing certain hours; and second, selling or
| giving away Intoxicating liquors at such
| place Of business during these hours It
was the latter alone for which the de-
! PENDANT was indicted. Hotels are except
ed from the first part, but not from the
! second, Hotel keepers who are licensed
to sell intoxicating liquors have no more
right to sell liquors between the prohfb-
! tied hours than any other licensed vender.
You will, therefore, see that although
i hotels are privileged to keep open at all
/, hours, they cannot sell intoxicating
/ liquors during the prohibited hours. This
/ applies to guests in the hotels as we'll as
| to other persons
| Your last inquiry refers to the visiting
| Of saloons by prostitutes.
| AT present there is no ordinance pre-
! venting or providing for the punishment
| Of prostitutes visiting saloons. Under
some circumstances Ordinance 1856 of the
| General Ordinances, being section 2S5 Of
| the compilation, might be proceeded UNI
der but 1 think it would be difficult to
| secure a conviction. Ordinance No. S74
| before referred to makes it an offense for
male or female, of evil name or fame, or
| of immmodest, immoral, lewd or lasciv-
| ious conduct or behavior, or of dishonest
conversation to visit, resort to, frequent,
| remain in or be employed in his or her
| saloon, bar room or in any place wherein
| any kind of liquor is retailed by him or
| her. You will, therefore. see that at
| present the salConkeeper is the only per-
| son Except under Ordinance 1866 that
! can be proceeded against to prevent the
| visiting of saloons by prostitutes. 1t
seems true if the saloonkeepers are pros
| ecuted they will soon take means to keep
| prostitutes out of their saloons The
| question presents Itself whether, If an or
/ dinance providing for" the prosecution Of
| and preventing prostitutes visiting sa-
| looms would be raSvalid exercise of power
| The common council is granted by the
| charter, power to enact all such ordi-
nances, rules and bylaws for the govern
nent and goodAor6er Of the city, for the
suppression ofzd vice, and intemperance,
and for the prevention OF crime as they
| shall deem eypedtent. Also power to
| license. regu ate and restrain all persons
! vending, dealing@in or disposing. Of soir-
| itu0us, vineus. sna1t or fermented liquors
The comnonf council having the power
only limit to that power is that ordi-
| nances must b. Reasonable and proper I
am of the opinion that an ordinance
would be valid making it an offense for
and providing for the punishment Of
prostitutes visiting saloons. Whether it
| is desirable or not would be for the
| cons deration of the Legislative body in
| this case the common council. 1t seems
| to ne this is a valid exercise of the po-
| lice power In the state of Ohio they
| have gone much further and have upheld
a law prohibiting women from serving
| and waiting upon customers in saloons.
| If this is valid as applying to an honest
woman. how much more necessary is it
to hold it valid as to a prostitute?
Mayor Kiefer, seen last evening. said
he had not had time to read or consider
the opinion prepared by the legal depart
ent. and consequently did not know WAT
action no WOuId take in. the premises