USA > California > Los Angeles County > Pasadena > History of Pasadena, comprising an account of the native Indian, the early Spanish, the Mexican, the American, the colony, and the incorporated city, occupancies of the Rancho San Pasqual, and its adjacent mountains, canyons, waterfalls and other objects of interest: being a complete and comprehensive histo-cyclopedia of all matters pertaining to this region > Part 32
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The committee urged the immediate passage of the ordinance, because they had knowledge of three additional saloons already planned for in Pasadena, and it was earnestly desired to let these parties know that if they did start such places they were buying a law suit in advance. But objection was raised that E. I. Campbell already had a license from the city which did not expire until May 1,-over two months yet ; and if the ordinance was passed now, he could sue the city for breach of contract, loss of trade, de- preciation of property, etc., and recover damages from the city-[for the " compensation " doctrine was now boldly affirmed by the liquor interest everywhere, although it was completely overruled by the United States Supreme Court, December 5, 1887.]; However, the council was finally prevailed upon to pass the ordinance, but have it not take effect until 6 o'clock A. M. on the first Monday in May, as Campbell's license would then have expired. So this was done, and the three new saloon projects were thus headed off.
When the ordinance went on record as duly and lawfully enacted, little Pasadena had boldly bearded the great whisky lion of California in his den ; and soon the air was full of ominous growlings, and threats of what direful things would happen to the youthful city. The newspaper articles and other documents on the subject would make a law-library volume of them- selves. The law's delays and uncertainties from the time of enactment of the ordinance in February till the decision upon it by the Supreme Court on October 31, gave an open field for controversy ; and the chairman of the committee found it necessary every two or three weeks to publish a report of the progress being made, in order to satisfy the friends of the ordinance, and to keep some from being disheartened by the confusing fallacies, soph-
*See Mugler vs. State of Kansas, printed in SUPREME COURT REPORTER Vol. 8, No. 10, January 23, Pages 273 to 306.
1888.
+The Pasadena Star of December 17, 1887, took issue with the U. S. Supreme Court on this matter, just as every liquor trade journal throughout the United States had done ; and the editor boasted that he had maintained the "compensation " doctrine in Iowa, as he did also now, in spite of the contrary rulings of both State and United States Supreme Courts.
250
HISTORY OF PASADENA.
istries, and predictions of failure cast against it both openly and covertly by its enemies. From one of these reports dated April 5, 1887, and published in the Pasadena Union, I quote the following passages which show some- thing of the situation then .
"But sundry special threats have been circulated which it may be well to report.
" While the ordinance was pending a threat was reported as coming directly from the Los Angeles Liquor Association's attorney, that he would break down our city charter- show in open court that Pasadena had never been lawfully incorporated - that all her municipal acts were null and void-and thus remand her to the sovereignty of the county board of supervisors again. This, he said, "would knock the stuffing out of all her damned foolishness on the liquor question." This idle boast fell flat and limp, as a drunk man falleth.
"2d. They would prosecute those who pledged money in the case for offering a bribe to the city trustees. This little threat was a child of beer- mug wisdom, and died of froth on the brain.
"3d. They would prosecute for damages every man who signed a pledge of money to enforce that ordinance, as being engaged in a con- spiracy to destroy the business of a fellow citizen and drive him out of town. This threat got up a little scare for one or two days; but six men who had signed for $100 each, said they would make their pledges $500 right away if the liquor men would only start in on that game. They didn't start.
" 4th. They will keep on selling liquor in spite of the ordinance against it, and then see what the city will do. This is the latest word from the whisky camp, and is probably just about what they will do.
" Of course it does not rest with the saloon keeper here. He is a mere figure-head, and will have to do whatever the liquor organization at Los Angeles decides they had better do in this particular case. We know full well the David-and-Goliah nature of the conflict. It is little Pasadena against the entire liquor interest of California ; for if Pasadena can drive the dram shop out of her limits, there are a hundred other towns in the State ready to take the same step at once. Our people are not going it blind .. They have counted the cost; they have planted their battle-flag, and stand firm and steady in solid square around it, ready for the enemy's attack in front, flank, or rear."
Of course, when the first Monday of May arrived, Mr. Campbell went on with his saloon, in defiance of the law. He was arrested, tried in the Pasadena police court, convicted, and sentenced to $100 fine, or imprison- ment 100 days. C. N. Terry, judge. He appealed his case to the superior court at Los Angeles, and there it hung for several weeks. The committee had engaged Williams & Mckinley to carry the case, as attorneys for the people, through the superior court and supreme court for $1,000 ; and after this was all agreed upon, they showed their faith in the case, in opposition to the opinions of a large majority of the Los Angeles lawyers, by volun- tarily giving Dr. Reid a written agreement, that if their position on the right of the city trustees to prohibit liquor saloons was not sustained by the
251
DIVISION THREE - BRAINS.
supreme court, they would relinquish $500 of their fee. Reardon & Daly were attorneys for the saloon-keeper. They talked of great confidence in their case, and other lawyers freely expressed the opinion that "the prohib- itionists would get beaten out of their boots ;" yet in spite of this they fought shy and pursued a dallying policy, as the following correspondence shows :
LOS ANGELES, CAL., May 26, 1887.
Dr. H. A. REID,
Dear Sir :- We presume you think we are making slow progress, and you are certainly right in that presumption. We have been camping with those fellows from day to day until we are out of patience. They keep promising to go into court, but always have some little thing which they want done yet. We have notified Reardon & Daly that unless they take the mat- ter into Court by to-morrow noon we will consider all stipulations at an end and take our course in the matter. If they do not proceed we will notify you and the marshal, and let the war go on. Our idea will be to put him into jail and keep him there until released by legal process. We will write you as soon as we know result. Yours,
WILLIAMS & MCKINLEY.
But the very next day the following note was sent: "We got our habeas corpus case disposed of pro forma in the Superior Court this morning. We have had a great amount of trouble and annoyance in getting those people to do anything, but they came to time at last. W. & McK."
The case now went to the Superior Court ; but that court refused to act upon it until it had had a full hearing in the Los Angeles Superior Court, and so sent it back with an order for Judge Wm. A. Cheney to hear the case. His decision, rendered July 7, 1887,* fully sustained the law. The case then went to the supreme court again ; and this body waited their full limit of time, ninety days after hearing, before rendering their decision. But when it came [October 31, 1887], the whisky lion of California siunk back into his den with a very large flea in his ear, for six out of seven of the supreme judges agreed that the Pasadena ordinance was good bed-rock law under the constitution of California, and also of the United States.
The Pasadena saloon had been running in full glare all this time, pending the decision ; but when the result was reported by telegraph the proprietor did not wait for official notice to be served upon him. He closed the saloon at once, packed up his outlawed liquors and bar fixtures and moved out of town before the order of the supreme court could reach the city officers. A great mass meeting to give thanks and rejoice over this signal victory was held in the Methodist Church ; and Pasadena then stood as the first and only town in California which had driven the liquor trade out of its borders by legal process, fought and sustained through all the courts. The committee now deemed its work done; and from a brief run- ning sketch of the whole matter in the editorial columns of the Valley Union, I quote a few paragraphs worthy of permanent historic record :
* The arguments on the case were heard June 27, and again June 30.
252
HISTORY OF PASADENA.
"The Executive Committee which had charge of the work on behalf of the citizens of Pasadena of outlawing liquor saloons has finished its work and formally disbanded, as shown by the following resolutions adopted at their meeting on November 18, 1887 :
WHEREAS, The special object and purpose for which we were consti- tuted an Executive Committee on behalf of the citizens of Pasadena has been fully and successfully accomplished, and funds enough to meet all financial obligations incurred by us in carrying on our work have been col- lected, therefore,
Resolved, That the chairman is instructed to pay the balance of all claims by proper draft on the treasurer, and to return the Indemnity Pledge notes to their respective signers. [See list below.]
Resolved, That all funds remaining in our hands as a committee be left in charge of C. W. Abbott, to co-operate with the city officers in securing the enforcement of the anti-saloon ordinance.
Resolved, That we now formally dissolve our organization and cease to exist or be any further in vogue as such committee.
LIST OF THE INDEMNITY NOTE SIGNERS.
NAME.
NO. OF NOTE.
AM'T.
NAME.
NO. OF NOTE.
AM'T.
Abbott, C. W
2
$100
Galbraith, D
77
100
Allen, Lyman
3
100
Glass, J. M
64
IO
Allen, E. B
72
25
Green, P. M
20
100
Allin, John.
47
50
Harris, F. R
31
25
Arnold, Delos
7
100
Healy, E. A.
69
IO
Ball, B. F.
18
100
Hopkins, C. T
41
100
Barnes, Joseph.
52
25
Janes, R. K
66
100
Barber, O. S
46
IOO
Lukens, T. P
16
100
Beach, Will
37
100
Lyman, G. P
30
$100
Bennett, H. G
5
100
Legge, Charles
44
100
Bresee, Rev. P. F.
73
50
Lewis, H. C.
61
25
Brown, A. J.
62
100
Machin, F. W
49
100
Cam bell, James
40
100
Macomber, H. K
68
100
Case, H. R.
63
100
Magee, H. W.
42
50
Cooley, W. E.
36
25
Mills, A. F.
14
100
Converse, Wm.
4
100
Miller, L. F
50
100
Conger, O. H
56
100
Meharry, G. E
58
100
Craig Bros.
32
50
McGrew, S. O.
53
50
Clarke, J. E.
39
100
Nichols, Theron
I5
100
Clapp, W. T
II
100
Painter, M. D
I7
100
Cole, J. L.
71
IO
Painter, A. J.
5I
100
Chaplin, S.
29
50
Palmateer, S.
9
IO0
Davis, Milton
48
25
Parker, Chas. M
54
100
Decker, Z.
59
IO
Proudfit, Rob't R
75
100
Ehrenfeld, C.
55
100
Reid H. A
60
IO
Evans, L. A
33
25
Rice, B. A
13
IO0
Evans, W. P.
76
25
Riggins & Clark.
27
50
Farey, H. N
21
25
Riggins, P. A
35
25
Farris, Ed. L
57
100 Ripley, C. B
6
100
Fisher, D. J.
74
5 Skillen, C. M
I2
100
Fleming, J. H.
38
100
Smith, James.
28
100
253
DIVISION THREE - BRAINS.
NAME.
NO. OF NOTE.
AM'T.
NAME.
NO. OF NOTE.
AM'T.
Stevens, F. D.
8 100
Warren, E. E
70
5
Swartwout, G. A
45
100
Wooster, P. G
34
100
Thomas, G. Roscoe.
22 100 Wood, M. E
35
50
Townsend, S ..
I 100 Wright, Ámos,
19
100
Thompson, C. C
23
50
Yocum, J. D.
26
100
Thompson, Williel
67
100
Yocum, N. G
25
100
Wallace Bros ..
IO
100
Young, J. B.
24
100
Wallace, Joseph.
65
100
The total amount thus pledged was $5,935, of which 10 per cent. was paid when note signed.
" A good many who had signed subscription papers refused to sign in- dividual notes, and many others could not be found ; so that the above are the true historic names who stepped to the front and made our legal contest and victory against saloons possible.
"Those signers expected to pay ten installments, but instead of that have only had to pay two. This result was gained by Dr. Reid collecting a total of $109.50 for the cause from the following persons who did not sign notes but who sympathized with the work: Peter Sumstine, C. E. Daily, Dr. J. C. Michener, James Clarke, W. C. Carpenter. J. F. Steen, R. E. Pinney, I. B. Lambert, L. H. Michener, W. J. Barcus, W. J. Goss, A. O. Porter, James Hewitt, J. F. Church, R. B. Hubbard, and the $17 from the Williams' Hall meeting."
Several of the above signers when their notes were returned to them had them framed to preserve as heirlooms in the family. The Union's article, speaking of the Supreme Court decision, further says :
" The opinion of the court was delivered by Justice Patterson, a republi- can, and concurred in by Searles, (C. J.) Sharpstein, Mckinstry, Temple, Thornton, all democrats, while McFarland, republican, filed a dissenting opinion."
HOW WAS IT ACCOMPLISHED ?
" The result exceeded the most sanguine hopes of the committee and their friends, for they had expected the court would stand four to three, or possibly five to two, but six to one was not dreamed of. This happy result was due to the fact that, by the most watchful and painstaking care from the very inception of the movement, the case was gotten into court free from any technical questions or side issues, so that the court had nothing be- fore it but the one plain question of law-has Pasadena a lawful right to prohibit liquor saloons, or has she not? It took a vast deal of discreet con- sultation, skillful management, patience, forbearance, faith and forecast to secure and hold the case in this shape; but it won at last, and so settled the matter for the whole State."
HOW MUCH MONEY ?
"January 23, 1887, the first committee was appointed, with Dr. H. A. Reid as chairman, to carry on this work ; and from that time until now the citizens of Pasadena have contributed a total of $1310.80 for this special cause. Every item of the expense account was carefully audited by the committee in quorum session, before being paid. It has been a hard battle, well fought and nobly won."
254
HISTORY OF PASADENA.
So much for the Valley Union newspaper at the time. But the Pasa- dena Star had from the first cast slurs and contempt on the movement, and predicted failure ; hence it had nothing to say except " we are surprised at the result." And that was not the only " result ; " for the San Francisco Chronicle reports, up to July 1, 1894, five counties that have carried the Pasadena ordinance, namely : Modoc, Sutter, Lake, Riverside and Hum- boldt-and nine others which had already made strong moves in that direction-all as a historic following of the pioneer work done by Pasadena in 1887. In fact, that contest and its outcome gave Pasadena a more wide- spread fame and permanent historic prestige than anything else which has ever occurred in her history except the building of the Mount Lowe Electric Railroad.
So Pasadena waked up one morning and found herself without any saloon, and was happy. But this did not last long ; for very soon certain restaurants and drug stores began doing a saloon business "on the sly " at first, but finally in open, bold defiance of the law ; and it began to appear also that some men who had signed the petition for the ordinance were, at heart, opposed to it-but believing it would be beaten in the courts, any- way, had joined in the call for it; and now that it was fully sustained as good California law, they were ready and hot to break it down and make it prove a failure after all. And I find on the police court records the follow- ing liquor cases :*
November 2, 1887, John Senich. Jury trial. Found guilty. Fined $100. Paid fine. [The same day three other cases against the same man were dismissed. The law makes the sales of one day one offence ; and he had been charged with selling liquor on four different days-but the one conviction was deemed sufficient at that time .- ED.]
April 30, 1888, John B. Dolan. Jury trial. Case Dismissed. [It was proved that it was Dolan's wife, not himself, who sold the liquor-although with his connivance and that of his mother-in-law and a certain negro man. A warrant was issued the next morning for Mrs. Dolan; but the whole family, negro and all, had fled the city during the night, and never came back .- ĘD.]
May 23 to 25, 1888. Peter Steil. Jury trial. Found guily. Fined $150. Case appealed. [But it was never carried up to a higher court.]}
The liquor element was now fairly aroused to try and break down the ordinance. Peter Steil, by advice of certain lawyers, went on selling liquor
*The city police court record from April 25 to Nov. 25, 1887, shows a total of 134 cases tried within that time ; and of these cases 121 were arrests for being "drunk and disorderly," and seven were vari- ous violations of city ordinances by liquor sellers-leaving only six cases in the seven months, or only 47/2 per cent. of the criminal business of the city that was not directly caused by liquor sellers.
+This case presented a very curious and anomalous state of affairs. Pasadena as a voting precinct was strongly Republican. There were two daily papers, both claiming to be Republican, yet the Union was at this time chiefly owned by three leading Democrats, W. U. Masters, R. M. Furlong and Bayard T. Smith, and edited by Dr. John McCoy ; and all four of them were proved to have bought and drank beer which Mr. Steil sold in violation of the law, he being also a strong Democrat, and a believer in his party's distinctive doctrine, known as the "anti-sumptuary" plank. The daily Star also, although pre- tending to be a Republican paper, supported this Democratic party doctrine, in opposition to the courts.
255
DIVISION THREE - BRAINS.
at his restaurant, under pretense of his "appeal " case in court still pend- ing, and also that restaurants had a right to serve liquors with meals, any- way. The original private "agreement " as to the Carlton Hotel [see pages 243-44] now came up with a barb on it ; for the claim was made, and rightly too, that if a "first-class" hotel might furnish liquor with meals, anybody else selling meals might do the same thing. The law could not discrimin- ate in favor of any particular " class" of houses or price of meals. And thus things went on from bad to worse until August 6, 1888, when another great mass meeting was held to consider the situation and decide what should be done. The gauntlet which had been thrown down by violators of the law was taken up with vim and earnestness ; an enforcement cam- paign was here started, which met with organized resistance from those who favored legalizing for a high price the sale of liquors ; the conflict went on for months, and thus came to be characterized as the "Whisky War"' period.
CHAPTER XIII.
THE WHISKY WAR .- Enforcement Committee. - Progressive League -Petition for Licensed Saloons .- City Election Contest .- Ordinance Changed .- Violations Con- tinue .- Cases in Court.
THE WHISKY WAR.
With the appointment of an Enforcement Committee at the great mass meeting in the Tabernacle commenced the period historically known as "The Whisky War in Pasadena." Those in favor of maintaining and en- forcing the city's prohibitory ordinance now organized for vigorous action, and moved at once on the enemy's works, where the law had been violated either openly or secretly for several months. In regard to this historic Tabernacle meeting and its work, I here quote from a public document en- titled " THE WHISKY WAR IN PASADENA," which was published in Sep- tember-an edition of 2,000 copies :
THE MASS MEETING.
On Monday evening, August 6, 1888, a mass meeting of about 1,000 citizens of Pasadena assembled in the Tabernacle to take action against the liquor outlawry in this city. The meeting was called to order by Col. W. A. Ray, chairman of the committee of arrangements. On motion of Dr. O. H. Conger, Hon. P. M. Green was elected chairman of the meeting. Theo. Coleman, city editor of the Daily Star, was elected secretary. On motion of Dr. Lyman Allen, it was voted that a committee of five be ap- pointed by the chair to prepare resolutions expressing the sense of this meeting, and to nominate a committee of substantial business men to carry them into effect. The chair appointed Rev. D. D. Hill, pastor of the First Congregational church, J. M. Glass, president Pasadena Electric Light Co .. T. J. Martin, Dr. H. A. Reid, and H. N. Farey as such committee.
256
HISTORY OF PASADENA.
After a long absence (during which speeches were made in the meeting by prominent citizens), the committee reported as follows :
THE RESOLUTIONS.
WHEREAS, Our city's anti-saloon ordinance is being violated both openly and covertly. and also one or more wholesale liquor stores are pre- paring to force themselves upon us, contrary to the spirit and intent and plain purport of our law, therefore,
I. Resolved, That we are emphatically in favor of maintaining and enforcing Pasadena's anti-saloon ordinance without change, just as it was when passed upon and sustained by the supreme court of California.
2. Resolved, That we pledge our influence and moral support, and financial aid if necessary, to the trustees and officers of the city in their ef- forts to enforce the law against all violators, and that we urge them to pro- ceed at once with such enforcement.
3. Resolved, That this is not a question of any political party's doc- trines or methods, but purely a question of whether a lawful majority of the people shall be permitted to make and enforce the laws in Pasadena, or whether a few shall be allowed to set the laws at defiance and bring repub- lican government into contempt.
4. Resolved, That we regard every place in Pasadena where intoxi- cating liquors are dispensed contrary to law, as an infamous invasion of our territory by a foreign foe : as a nesting-place of anarchy and outlawry ; as in flagrant defiance of the very ground principles of republican govern- ment. And against any and all such we declare unremitting war.
5. Resolved, That the aiders, abettors and supporters of such places, whether openly or secretly, are allies of the common enemy, and are help- ing to destroy the peace and safety of our homes, the value of our property, the good name of our city, and the rights of local government.
6. Resolved, That we regard the threatened opening of wholesale liquor houses in Pasadena as an open declaration of purpose to break down the moral prestige of Pasadena as an anti-saloon city, and that we organize at once for a resolute resistance.
7. Resolved. That as Monrovia, Riverside, Elsinore, Compton, Long Beach, South Pasadena, Lompoc, Orange, and other cities have adopted the Pasadena anti-saloon law, and are sharers with us in the common danger, therefore we signal to these sister towns that we are "holding the fort," and by God's help we propose to hold it till the last rum hole is driven from our borders ; and we call upon them to never let their anti-saloon standard be lowered.
We would also nominate the following committee, with the recommend- ation that they be empowered to raise, hold and disburse a fund to be known as the " Enforcement Fund," and to co-operate with the city authorities in the enforcement of our prohibitory ordinance: Dr. H. A. Reid, Hon. P. M. Green, Geo. A. Swartwout, Col. W. A. Ray, Prof. C. M. Parker, I. B. Clapp, C. H. Converse, F. D. Stevens, Joseph Barnes, P. G. Wooster, C. C. Reynolds, Geo. C. Hubbard.
DEXTER D. HILL. T. J. MARTIN. J. M. GLASS. H. A. REID. H. N. FAREY. Committee.
The report was adopted by a unanimous rising vote, amid rounds of
257
DIVISION THREE -BRAINS.
applause. And in about ten minutes canvassing, names were signed for various sums amounting in all to over $2,000, payable in ten per cent install- ments, as an "Enforcement Fund." Much more has been added by persons who were not at the meeting.
THE ENFORCEMENT COMMITTEE.
This committee is constituted as follows :
DR. H. A. REID, representing the W. C. T. U. at their special request .*
HON. P. M. GREEN, President First National Bank.
GEO. A. SWARTWOUT, Manager Pasadena National Bank.
COL. W. A. RAY, President San Gabriel Valley Bank.
PROF. CHAS. M. PARKER, President Y. M. C. A.
I. B. CLAPP, orange grower, representing the Congregational Church. C. H. CONVERSE, capitalist, representing the Presbyterian Church.
F. D. STEVENS, of Stevens Hardware Co., representing the M. E. Church. JOSEPH BARNES, grocer, representing the Baptist Church.
P. G. WOOSTER, capitalist, representing the Universalist Church.
C. C. REYNOLDS, Reynolds Bros., undertakers, representing the Friends Church.
GEO. C. HUBBARD, of H. N. Farey & Co. printing house, representing the Christian Church.
[These men have all been formally approved and authorized by the several churches to represent them in the work of this committee.]
EXECUTIVE BOARD.
The committee organized by electing Dr. H. A. Reid, chairman ; C. C. Reynolds, secretary, and Col. W. A. Ray, treasurer. The board of officers, with the addition of F. D. Stevens and Joseph Barnes, were appointed to act as an Executive Board, on behalf of the general committee and the several churches and other organizations which they represent.
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