The Meeker herald., 1902-05-10
WOMEN AND WINE ROOMS.
The Supreme Court Reverses Judge
Paimer's Decision.


Denver. May THE Supreme Court
of Colorado has reversed the decision
of Judge Peter L. Palmer, who grant
ed an injunction against the Denver
Fire and Police Board restraining
them from closing the wine room Of
Daniel Cronin. n saloon keeper
In his suit CrOnin commended that the
anti-wine room ordinance was uncOn-
stitutional, principally on the ground
that 1t disseminated against portion
Of the population on account of sex,
that woman had us much right to
buy and drink liquor as ii man, and, IL
SO. the keeper of Il saloon had right
to sell liquor to her with as much free
dom as to men.
Judge Palmer. before whom the nc
tion WAS brought. sustained the points
raised by the plaintiff, held that since
women had the right of suffrage they
must not expect to be especially safe
guarded by the law. and made perpet-
ual the injunction restraining the po-
lice from interfering with Cronin's
wine room business.
The opinion OF the Supreme Court
was delivered by Judge Campbell and
concurred In by the ether Two Judges.
After the rights of the city under its
charter the opinion says:
1T Is to be observed that no woman
Is here to assert her constitutional
right to frequent wine room or to buy
liquor. and 1t is also pertinent to re-
mark that these particular sections do
not prohibit women from going into
wine rooms or from buying liquor.
Their prohibition is directed against
the keeping of wine rooms, and require
the keeper to refuse women permission
to enter them or remain there to be
furnished with liquor. No penalty Is
visited upon females for violation Of
the provisions. The only penalty i'm
posed is upon the saloon keeper. The
argument of counsel, therefore, in be-
half of females. against whom alleged
unwarranted discrimination is made,
would come with better grace We're one
Of them here complaining.
III discrimination is made against
women solely on account of their sex,
1t would not be good. and IL 1t Is be-
cause of the immortality that is likely
to result il the regulation was not
made. the regulation would be sus-
taIned.
''That injury to public morality
would ensue II women were permitted
without restrictions to frequent wine
rooms, there to be supplied with liquor,
Is SO apparent to the average person
that argument to sustain 80 plain
proposition Is unnecessary.
But, If some people might not be
willing to concede this, 1t Is enough to
say that the City Council with whom
entirely the decision rests, has SO de-
termined.
plaintiffs whole argument rests up
on false premises, and his conclusion Is
necessarily wrong. The right to sell
liquor is not an inherent right OF cit
izen of the United States. The traffic
in 1t is unlawful without license, and
1t may be prohibited In Denver. 1t
necessarily follows that all regulations
for Its sale and the privilege of selling,
when granted. are solely within the
lawful discretion of the City Council.
''That the regulations attacked here
are a legitimate exercise of the police
power of the state we have no doubt;
that their object is to protect the NOR
als of the community. to secure good
order and advance the general well
fare cannot be guinsaid; that the right
to sell liquor Is not an inherent right
of a citizen OF the United States Is be-
yond cavil; that plaintiff has not been
deprived of any property or civil right
without due process of law or denied
any privilege belonging to u citizen of
the United States is equally clear. We
are clearly OF the opinion that the regu-
lations here complained of are not IN
hibted by any provision Of the federal
of state constitution. The Judgment Is
therefore reversed. and the causes re-
manded with instruction to the District
Court to dismiss the action"