Harlan F. Stone

“ Defendant answered, traversing the allegation of citizenship, and asserting that billiard and pool rooms in the city of Cincinnati are meeting places of idle and vicious persons; that they are frequented by lawbreakers and other undesirable persons, and contribute to juvenile delinquency; that numerous crimes and offenses have been committed in them and consequently they require strict police surveillance; that noncitizens as a class are less familiar with the laws and customs of this country than native-born and naturalized citizens ”

“ Lloyds (C. C. A.) 10 F. (2d) 730, 734. It would be an extravagant application of the language quoted to say that it could be extended to include the owner of a place of amusement who does not necessarily buy, sell or exchange merchandise or otherwise participate in commerce.
Asakura v. Seattle, 265 U.S. 332, 44 S.C.t. 515, 68 L. Ed. 1041, relied on by plaintiff, does not support his contention. It was there held that the treaty with Japan of February 21, 1911, 37 Stat. 1504, was violated by a municipal ordinance prohibiting the granting of pawnbrokers' licenses to noncitizens. ”