The San Francisco call., 1903-09-20
KNOCKOUT DROPS
ORDINANCE VOID
Judge Cook Renders His
Decision in Allen
Dale Case.
Chief Whitman Says Courts
Action Will Handicap
Department.

The Police Department sustained Sc
we're blow yesterday when Judge Cook
rendered a decision declaring that the
ordinance passed on December 10, 1900,
known as the knockout drops" ordi-
nance, was invalid
The question arose on a writ OF ha-
beas corpus for the release of Allen Dale,
alias Ballard, an ex-convict, who was ar
rested for having knockout drops" in
his possession. The writ was granted and
the prisoner was ordered released.
1t was claimed for the petitioner that
under the ordinance, no criminal intent
being required. every citizen would be
guilty of a misdemeanor who has In his
possession a bottle of spirituous liquor,
alcohol or any other of the thousands
of liquids and drugs that tend to produce
stupor or insensibility.
The other side contended that under the
decisions of the Supreme Court in the
cases of Lorensen and McClain the court
should read into this ordinance the words
with criminal intent"
4 The Judge held as follows:
1t must be an extraordinarily exceptional case
OF ordinance what is not therein contained II
is the province Of the legislative department OF
the Government TO legislate and OF the courts
to pass upon the legality and constitutionallty
of legislation. Courts have no power to legis-
late.
allurgist would be guilty OF crime in conducting
his profession, for countless chemicals falling
under the ban OF this ordinance are required by
them for use. and must be kept in their posses
sion. In fact, there is hardly any business that
could be conducted without a violation or this
ordinance. Every restauranteur, grocer or sa-
loon-k keeper who has in stock spirits or wines OF
any kind: every hospital where anesthetics and
narcotics OF all kinds are kept; every home
opathic physician who carries such drugs with
him on his rounds Of visits; every dentist in
whose office such drugs a necessity. and
hundreds OF others would daily violate this ordi-
nance. Every retail dealer or household pos
sessed of colognes perfumes; every barber
shop using bay rum or perfume, and every dye
ing establishment could be conducted only in
violation OF law.
Gle mentioned in the ordinances was definitely
described and the of 1t made criminal.
while under this ordinance the use, namely. the
possession of indefinite number of articles
the great majority of which clearly capable
of innocent use constitutes the crime am
unable to find any correspondence between the
Lorensen and McClain cases and the ordinance
here in question and, under the law, un-
derstand it, and the decision OF the Supreme
Court in the case OF Wong Hane and the
Kearny case, satisfied that the ordinance
upon which the complaint herein is based Is
void and consequently that said complaint
charges no public offense
Chief Whitman expressed his regret that
the ordinance had been declared invalid
1t would handicap the department and
result in increase of drugging and
robbing men of money and valuables. The
ordinance was a help to the department
as It enabled officers who knew crooks
resorting to the aid of drugs in robbine
men TO arrest them for having knock
out drops in their possession and send
them to jail for six months.