The Laundry War: When Seattle Tried to License Away the Chinese
A historic court battle reveals how the City Council once used 'discretionary' licensing to target Chinese-owned laundries, prompting a landmark defense of property rights and constitutional liberty.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
The case of the city vs. Howard, for carrying on the laundry business after the revocation of his license, was argued before Justice Lyon yesterday. Judge Jacobs and Richard Osborne represented the defendant. The position taken by the defendant’s counsel was this: Under our Constitution and system of government, no rights of person or property and no right to carry on or exercise any lawful or innocent trade, occupation, business, profession or employment could be validly or constitutionally made to depend on the discretion of any man or set of men.
The defense utterly denied that the legislature of this Territory had ever granted to the municipality of the city of Seattle the right to demand of persons wishing to carry on the laundry business a license or permit therefor. They asserted that this business stood on the same basis as that of a blacksmith or furniture manufacturer. They maintained that if the inception of the business could be made to depend on the discretion of the Common Council, so could the business of the merchant, tailor, or printer. While it was desirable to rid ourselves of the Chinamen and to discourage their employment by every legitimate means, we could not afford to sacrifice every guarantee of personal liberty and break down all of the safeguards to property rights. The defendant in this action got the certificates of the Fire Board and the Health Officer, yet the Council revoked its consent and refused to assign any reason. The decision of his Honor sustained the position of defendant’s counsel.
“No man and no body of men can be validly clothed with the discretionary power to say that 'A' shall or shall not carry on the trade of a shoemaker in the city of Seattle.”
This 1886 case mirrors modern debates over zoning and discretionary permitting in Seattle. Just as the city then used 'nuisance' and 'licensing' as a pretext to target specific groups and businesses, contemporary arguments over land use continue to struggle with the tension between administrative discretion and the right to conduct business.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.