The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-07
MAY TAKE Her DRINK
LOVELY WOMAN CAN STEP UP TO
THE BAR JUST LIKE
RUDER MAN
RULING BY DENVER JUDGE
Holds That Any Attempt to Debar
Her From Privileges of Steiner
Sex Is Unconstitutional
in Colorado.

DENVER, July 6-Ju6ge Palmer, OF the
district court, has just made permanent
an injunction restraining the .ifa and 20
lice board from interfering with the sale
of liquor in restaurants on Sundays ard
TO women in wine rooms. This VAL have
the effect, through the promised ac-
quiescence of the fire ana police ard,
of causing Denver TO DE a wide op1n
town.
AS in the case when the temporary in
functions were granted, the board has
sought shelter behind the action of TIE
courts and offers as an excuse for leav-
ing the town wide OPP n" the 1acS that
an order restraining them from interior
ing with respect TO two places has been
served on them. Now that the injunctiCns
have been made permanent. toe existing
conditions of affairs will continue. Sine
the temporary injunctons were Issued
the board has acted on the theory that
all barriers to the liquor trade must be
removed and all regulations which they
are vested with power to enforce must
DE ignored.
That this proposed action of the board
will meet with violent opposition from
many people there is already good rea-
son to believe. A meeting of ministers
of several denominations has teen he
at which the action Of Judge Palmer IN
making permanent the injunctions and
=
by the fire and police board were scath-
ingly criticised in a public statement
The effect of the decision will be the
continuing Of the wine room and the
sale of liquor in restaurants on Sunday
pending action by the higher court.
With regard to one of the cases, the
doctrine of woman's rights is the bass
for the COURTS opinion. The complaint
charges that Cronin has been prohibited
from carrying on his business Of selling
liquors The court says:
The contention made by plaintiff 3
counsel is that the proprietor of a sa-
loon has as much right to sell whisky
and other beverages to women and to al
low them within his place OF businc IS,
whether in the saloon proper or the
rooms adjacent thereto, as men. That
any ordinance or law which undertakes
TO or does prohibit a saloonlIe per from
thus carrying on his business IS Illegal
and void as being contrary to the pro-
visions of the constitution of the UnlIed
States and state of Colorado and OF TIE
law OF the state Of Colorado; that in the
conduct of plaintiffs business he has
been able to support his family by Tea-
son Of the fact that he has been in the
habit of selling liquors to women at or
near his place of business; and to arrest
him when a woman enters the prem
Uses. as the FIRE ard police board and
chief of police have thr5 atened to DO
means an absolute destruction of his
business.
ION the other hand, counsel for Tire
defendants say that the ordinances are
legal ana that a court of inquiry has no
right to enjoin the enforcement of an
ordinance or prevent the prosecution OF
saloonl1e eper for a violation thereof
THE sale of intoxicating LIQUORS is not
an Unlawful business. There is no con-
HI Ia he col
of liquor to either men or women. IN
loss there is a constitutional prchib ton,
woman has as much right under the
constitution Of the United States and or
the state of Colorado and laws of the
state of Colorado to enter a saloon ana
purchase a drink of whisky as man.
IF she has the right to purchase the
same as a man the saloonkoeper mas
ricnt to sell to her the same as to man,
and any ordinance which prevents nm
from selling to a woman when ne may
sell to d man is an invasion OF his civil
right and his property right, because
the right to sell to a woman or to man
SIS a property right Has a woman,
therefore. The right to enter a saloon
or place adjacent thereto where men
are furnished with drinks and there be
supplied with liquors."
The constitution OF the state guaran-
teemg certain rights to all persons Is
taken by the court to mean both men
and women.
Under this provision a female has as
much right to seek her enjoyment and
happiness in the taking of a glass of
beer or whisky as the male and any
act by the municipality of the city of
Denver preventing her from so enjoying
those rights is a violation Of this consti-
tutional provision. 1t is equally Vio-
lation Of said United States constitu-
tional provision and IF the state of Col
crado to prohibit a saloonkeeper from
selling to a woman.
"To prevent a saloonkeeper from sell
ing TO a woman if she has the right to
purchase and then under an ordinance,
fine him for so doing, takes his property
without due process of law.
" No state shall make or enforce any
law which shall abridge the privileges
CT immunitieS of citizens of the United
States; nor shall any state deprive any
person of life, liberty or property with
out due process of law, nor deny to any
person within it's jurisdiction the equal
protection of the laws
This section was not enacted for the
benefit of men only but for the benefit
of all citizens. A woman is q citizen in
the same sense that a man is citizen.
Her privileges and immunities as a citi-
zen of the United States cannot be
abridged by the state Of Colorado or a
municipality therein. She has the equal
protection Of the laws and the state of
Colorado cannot discriminate against her
in It's legislation in favor of men.
The legislative act of 1894 granting
equal suffrage to woman and the vote
of the people of the state in accordance
with the constitutional provision is also
quoted in the opinion.
by that act the last vestige of in
equality between man and woman under
the laws of the state Of Colorado was
swept away. Any legislation whereby a
woman is prevented from enjoying any
right or privilege which man enjoys
or of defending her rights in any tribu-
nal, or otherwise, would be in violation
Of these constitutional provisions.
ANY enactment relating to the sale
Of liquors whereby a woman is prohib-
tied from purchasing liquors under the
sarae circumstances that a man is is
in violation Of her rights under this con-
sdtutional provision, and is in violation
OF the right given TO a saloonkeeper to
sci to woman as well as to a man.
The only provision of the Colorado
statutes restricting the sale of liquor is
tEGt no person shall sell without a IL
ce-lse, and that no sale shall be made
to an Indian, habitual drunkard or mi
nor, nor to United States troops. nor be-
tween sunrise and sunset on election
day. Even if there was a statute of
ri IN 81 tor