The San Francisco call., 1910-09-13
BOOZE VS.. OPIUM;
name The WINNER
Division OF Opinion OF Three
Justices Occasions Sn-
preme Court Action
Kerrigan and Hall Differ from
Cooper Relative to Rights
of Chinese

with respect to the rights of cDS
nsse axed division OF opinion seems
to have occurred among the three JUS
tees Of the district court or appea'S'
with Justice Cooper declaring for eau@l
privileges as between the Chinese play
ers of fan tan and pi gov ana l"0
fashionable poker parties of the 30
hemian and Pacific Union clubs. ana IN
a case of habeas corpus declaring
Chinese have as much right 70 possess
and enjoy opium as Americans nave
Intoxicating beverages
The case of the gambling rights OF
Chinese clubs was taken into the local
courts as a result of repeated raids BY
the police uhder former Chief Biggy-
The Asiatic club. 11S Waverly place.
asked for a restraining order. which
Judge SeaweII denied This appeal, nled
August %. 1909. asking that the de-
cision be reversed and an injunction
granted. followed.
The gambling in the big American
clubs and the tolerant attitude OF the
police toward these came in for Sc
we're arraignment in this wise;
TT is admitted that they have bat
tered down doors on mere suspicion.
vet no one can reasonably believe that
the police officers were actuated by the
the Chinese from obtaining money from
each other by playing the game Of fan
tan. If such is their motive and pUr-
pose there are other places, such as
the Pacific Union club, the Bohemian
club, and many others, where they may
find vineyards in which to labor in re-
forming the citizens of their own race
and country by preventing them from
playing gambling games with cards.
which games, if not as wicked as fan
tan. certainly belong to the same fam
ily."
Contrary to the view expressed by
Justice Cooper that the American play
ers of card games for stakes are as
much in need of reforming as their
brethren. Justices Hall and Kerrigan
affirm the decision of Judge Seaweu
and say in their opinion that the police
officers acted within their orders.
The matter involves the rights Tor
which the Chinese clubs have long been
lighting, of being permitted to amuse
themselves in the sanctity OF their
clubrooms by playing games OF chance.
The case went into the supreme court
yesterday to have the difference OF
opinion among the eminent juristS ad-
judicated-
The second case in which a deadlock
was encountered was the question OF
granting a writ of habeas corpus to
Yum Quong, who was arrested by the
authorities of Monterey for having
opium on his person. Quong was i'm
prisoned under the statute act of 1909.
which makes it a crime TO be in pos
session of opium.
Justice Cooper differed from his fell
low jurists with respect to the relative
Injurious effects of using opium, and he
cited the Chinese people as an example
to sustain his view that opium was no
more pernicioUs than the excessive use
of intoxicants. He said:
Opium is properly as commonly used
by Chinese intoxicating liquor by
the English and Americans. beer by the
Germans and wines by other nationeIi-
ties, and apparently with no injurious
effect. 1t can not be said that the Chi
nese are not a temperate and indus
J trious people. On the contrary. they
compare favOrably with the people OF
other countries"
Justices Kerrigan and Hall in deny
ing the order declared opium to be a
natural poison whose unrestricted use
would have debasing effect on the
moral and economic welfare of the pop
uIa ton and that il would result in i'll
health, pauperism, misery and insan-
ity'
Both cases were fled with the clerk
OF the supreme court yesterday for final
Judgment