The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-01-21
wOMEN MAY ENrER SALOONS.

N9aNNs
The supreme court in an opinion by
Chief Justice Stockslager, concurred
In by his associates, holds uncOnsti
tutional the Boise ordinance which
makes It unlawful ''for any person
maintaining a saloon, bar room or
drinking shop, or any apartment
thereto attached, to permit females
TO enter their place Of business.
The court holds that the city is EN-
powered to prohibit females from en-
tering places where intoxicating
liquors are sold for immoral pur-
poses, but the ordinance in question
Ia declared so sweeping that it CON
sSitutes an abridgment of constitu-
tional rights.
The case on which the court passed
was entitled the state versus Frank
Nelson, Boise saloon keeper. He
VAS convicted in the police court,
which conviction was affirmed in the
district court, for permitting Rena
Morrow to enter and remain in his
saloon. A fine Of $50 and costs was
assessed.
In reversing the judgment of the
lower court the court frst passes ON
the question OF excessive fine raised
By C. O. Cavanah, counsel for Mel
son. 1t holds that the line, s25 to
5000, is not excessive. The case
goes of, however, on the point al
ready referred to and respecting
which the opinion says, after quot
ing from Denver ordinance cited by
the counsel for the prosecution;
This ordinance was declared valid,
and Why notS No provision in the
ordinance that an orderly, we'll be-
haved woman might not enter a sa-
loon in the city Of Denver for the
transaction Of legitimate business
and as often as che felt so disposed,
90 long as she did not visit such
place for the purpose Of being sup
piled with liquors or other immoral
purposes. This ordinance falls
strictly within the rule laid down in
NAnSAAuA vs.. COMMUNICATIVE SUPRA
and indeed all the cases TO which our
attention has been called and here
tofoFe referred to in this opinion. 1t
was aimed at the very class Of women
who are usually termed the unfort-
unates Of the human family, and was
designed to discourage and prevent
their presence in and around saloons,
tippling houses and wherever intox-
icating liquors are sold. There is
no attempt to prohibit a woman in
the ordinary course Of business to
enter such places in the discharge of
her business or for any Legitimate
reasons.
The distinction between that or
dinancs and the one under consider
alton Is easily drawn. The Denver
ordinance presoribes a punishment
for an offense that the proprietor
must commit himself, whilst the
Boise City ordinance provides pun
ishment for the proprietor il any
woman enter his place unbeknOwn to
G6&2i4 |atEa~ib LIS LGAASSAsa sAAtA against
his will, no matter what her motive
or intent may be. There is no ex-
eeption; the mere matter Of entrance
Is the essence Of the crime.
There is no question about the
power, and we may say duty, Of the
city authorities to enact such ordin-
aDess as will promote morals and
regulate the sale of intox icating
liquors In such a way as to prohibit
immoral women from frequenting such
places for the purpose Of drinking,
engaging in games, soliciting trade,
or any other immoral purposes, but
to say by an ordinance that a wife or
mother may not enter a saloon with
out subiecting herself to a fine Las
we'll Is the proprietor1 in search Of
a reoreant husband or Maynard son,
Is beyond the legal power of the city.
So long as the state and the city Of
Boise see At to license the retail sale
Of liquors, 80 long must they protect
parties lawfully engaged in that bus
iness in reasonable way