that the State Board of Equalization shall have the power, 'in its discretion, to deny or revoke any specific liquor license if it shall determine for good cause that the granting or continuance of such license would be contrary to public welfare or morals.' In the Stoumen case, as already pointed out, it was held that this provision did not confer uncontrolled discretion upon the Board, and that before a license could be revoked there must exist good cause, and that in order to establish 'good cause' under the section 'something more must be shown than that many of his patrons were homosexuals and that they used his restaurant and bar as a meeting place.' While this section of the Constitution was later amended, in this respect, the Constitutional language is still as it was in 1951 when the Stoumen case was decided. That case necessarily decided that 'good cause' for revocation of a license must consist of something more than mere patronage; there must be conduct on the premises that indicates that the continuance of the license would be contrary to public welfare of morals. Thus the Stoumen case necessarily decided that the Legislature was without power to provide that mere presence of a prohibited class was sufficient to revoke a license. It was for this reason and in order to preserve the constitutionality of section 24200(e) that it was held that mere presence of homosexuals or of sexual perverts under the section was not enough and that in the absence of improper or illegal conduct on the licensed premises, the license could not be revoked.

The first of the cases so holding was Kershaw v. Dept. Alcoholic Bev. Control, 155 Cal. App. 2d 544, decided in 1957. In that case the enforcement officials contended, as they do here, that the use of the licensed premises as a meeting place for homosexuals was alone sufficient, under section 24200(e), to revoke the license. In refuting this contention, and in holding that improper conduct on the licensed premises was required before a license could be revoked, this court stated (p. 550): "It would seem a fair inference to conclude that in making that amendment (the addition of 24200(e)) the Legislature acted in the light of and consistently with the rule of the Stoumen case, by inference excluding from the coverage of subdivision (e) the type of conduct which the Supreme Court had declared harmless and not inimical to public welfare of morals. The court having so recently and with such clairty said it, why should the Legislature say it again?" There was, however, evidence of illegal and immoral conduct on the part of the patrons to the knowledge of the licensee sufficient to sustain the revocation.

This interpretation of section 24200(e) was reaffirmed in the recent case of Nickola v. Munro, 162 A.C.A. 488, decided in July of 1958. There, as in the Kershaw case, and in the instant case, it was contended that, upon proof that homosexuals used the licensed premises as a meeting place, the license could be revoked. This court stated (p. 493): mattachine REVIEW

New Paperback Titles

FABIAN and SABER books are designed primarily as entertainment reading, but they offer serious commentary on current social attitudes and in most instances the authors challenge long-standing taboos against many types of sexual behavior. Some of the books are well written. All are easy reading. While they are descriptively and conversationally frank and sometimes border on the sensational, their content is not objectionable for adult readers. The books below are offered by mail order for the first time. All are priced at 50c each (35c plus 15c postage and handling. Sales tax is additional in California.

SABER BOOKS

I AM A LESBIAN by Lora Sela. The love story of Melba and Jan with a sympathetic presentation of its theme. 124 p.

THE STRANGE THREE by Louise Sherman. Here the principals are blood relatives. 156 p.

TURBULENT DAUGHTERS by Reese Hayes. Girls who were luscious, sexually benevolent and willing to show a stranger the finest hosp-. itality. 150 p.

FABIAN BOOKS

RENE by Kip Madigan. Mistaken identity leads a girl to believe that her lover is her brother. 135 p.

THE LADY WAS A MAN by Mark Shane. A strange tie between a man and a woman leads to a startling revelation. 156 p.

THE GAY ONES by Eve Linkletter. By no means a great answer to the riddle of "freaks of nature" v. "third sex." 106 p. IMPOSED REBELLION by James Williams. A beautiful woman who knew the code of the South but could not deny her passions. 148 p. NOR FEARS OF HELL by William Bennett. The threat of Chicago's goon squad" doesn't seem to deter the sex-seeking hero a bit. 151 p. SPECIAL PACKAGE DEAL All 8 books postage paid for

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SEX & CENSORSHIP magazine, 1st and 2nd issues, 50c each REPORT ON PORNOGRAPHY, published by Los Angeles Daily Journal, 24-page comprehensive survey of obscene literature, cartoons, photographs and films in Southern California, with reports from attorneys, police, churches, etc. Per copy, 25c plus 10c postage, total 35c.

HOMOPHILE MAGAZINES, current and back issues as available, of ONE, The Ladder (50c each); ONE INSTITUTE QUARTERLY on Homophile Studies, $1.00 per copy. Add 10c postage per order. No sales tax on periodicals.

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