Pon

—This action was brought to obtain an injunction.

The complaint, which was filed February 18, 1903, alleges (in the essential particulars necessary for consideration upon this appeal) that on February 1st of that year, plaintiff was, and at the time of filing the complaint continued to be, the owner of a certain public restaurant and cigar-stand, dependent for their existence upon public patronage, and situated at No. 1129 Dupont Street, in the. city and county of San Francisco; that ever since February 1, 1903, the defendants George W. Wittman, chief of police of said city and county, and James T. Donovan, sergeant of police thereof, have had stationed and located upon said premises, where plaintiff's said business is situated, at No. 1129 Dupont Street, in relays by day and night, a large number of uniformed police officers, for the purpose of intercepting, intimidating, and preventing, and said officers, at the direction of defendants, have intercepted, intimidated, and prevented, all persons desiring to patronize the. business of plaintiff, from entering said premises for that purpose, and from patronizing said business, and that said defendants threaten to continue to keep…

concurring.—I concur in the judgment, for the reason that the injunction should have been denied upon the first ground suggested in the opinion,—viz., that there can be no doubt under the evidence that the sole object of the application for an injunction in this proceeding was the protection of the houses of prostitution maintained in violation of the laws of the state, and that plaintiff’s claim that his cigar and restaurant business, established and maintained by him within the gates of a place otherwise devoted wholly to the open and notorious carrying on of an unlawful occupation, is being injured by the acts of the police, is a mere pretense in furtherance of the object of protecting such unlawful occupation against the officers of the law, a pretense with no other foundation in fact than that his business will be injured by the suppression of the places maintained in violation of law. Under such circumstances he can have no standing in a court of equity. It would not be claimed that the keepers or inmates of these houses of prostitution could obtain an injunction restraining the doing of acts designed to impede them in accomplishing violations of the penal laws of this…

concurring.—I concur in the judgment upon the grounds stated in the opinion of Justice Lorigan, and also upon the ground stated in the opinion of Justice Angellotti.

Shaw, J., and Van Dyke, J., concurred with Beatty, C. J.

concurring.—I concur in the judgment of reversal, but not in all that is said in the leading opinion. I particularly think that the opinion sanctions too much power in policemen to stop people indiscriminately on a public street and demand their names. And I also think that other expressions in the opinion upon other questions arising in the case are perhaps not sufficiently guarded. I concur in the judgment on the ground stated in the opinion of Mr. Justice Angellotti, which is in substance that under the peculiar facts clearly shown in this case, respondent stands upon the same footing as the occupants of the places of prostitution which are substantially a part of the same premises and within the same inclosure. It will not be contended that the persons there carrying on prostitution could successfully invoke the aid of a court of equity for the remedy here asked by respondent; and, under the facts here appearing, respondent has no greater right than the prostitutes to invoke that remedy. This case is very different from that of a person carrying on a legitimate business in the immediate vicinity of a house of prostitution, but occupying premises entirely different and separate…