The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-01-01
What is the True Construction
ofthe New License Law?

The object of the law is, either to PROVIDE
for the granting of licenses, to sell spurious
liquors or TO prohibit their sale. 1.-THE Legs
Iainre intended 10 frame law TO prohibit the
sale of spirits. except for medicinal, chemi-
cal and mechanical purposes" they would
have framed the Idw so as directly and ex-
rrcsslv 10 effect that result. But this they
have not done, but on he otE-i hand, nave
made provisions for granting AcerStS lGr Tie
sale Of liquors for other purposes than The one
above mentioned; and have consequently,
made the law, what it purpcrts TO be IL
cense law, instead of an drii-LcenSe law. How
can this law be carried into effect! How
can it be executed Can it be done by null
llying its provisions and saying that no llcen-
ses shall be granted How absurd!
Agdin-the power given TO the Commits
sioners whose appointment is provided foi by
the law, is, ir these words ";key (the Comis
sioners) shall haze The sole pol5erot granting
licenses under the provisions Of this Gct.'-
What is the power here conferred! The
nuIfiers say. it is a power 10 'cihhotd all IL
ceases. That is, that The Commissioners
whose pow er it is TO grant licenses. can exc
cute hat power By arbitrarily re fusing to grant
licenses without any reference 10 the man who
ASKS for the license and the place where he is
To exercise the privilege conferred by the IL
cense. This construction results III the man
ifest absurdity Of saying that pOsrer TO do a
thing, is a pover to prcreRt its icing done
that a power 10 grant licenses, is T. power
not to grant licenses. Ii must be Obvious to
the common sense OF every one that "sole
power of granting licenses" can only ba ex-
ccuted and carried into elect by granting IL
censes. To execute power by refusing 10
execute il. is TOO bald an absurdity 10 be swal
lowed By any sane man,
In accordance with the above view o! the
subject. has been the decision of a Court of
South Carolina, in the case Of the State rs
CkarfcGRd, at the OrGngebHreh Fail Term
1912. The Commissioners Of Roads in that
State, have the sole power in their respective
Districts. of granting licensest 10 retail spirit
Gus liquors. For two years previous to trial
the Commissioners had refused TO grant any
licenses. 1t appeared that the respondent,
ChGr'.cnd. in the above named cause, had
complied with the acquisitions of the law and
was unobiectionable, and when he applied
for license was told by the Commissioners
that they had resolved 10 refuse all applica-
tons, no matter hour unerceptioadJLe The dPPli
cant might be. Upon this he proceeded to
retail without license, and the Commissioners
had him indicted, cOn;ending that they were
authorized not only to exercise discretion IN
granting applications for licenses. but also to
refuse exercising the po,cer at oil. On the
trial BUTLER, Justice, charged the jury.
!. That the Commissioners were bound to
execute in good faith the powers vested in
them AND THAT THEY HAD NO
AUTHORITY TO REJECT ALL AP-
PLICATIONS, thus fully sustaining the first
ground of defence by the respondent; but
Cd. That the refusal ofthe Commissioners
TO act was 30 defence against the charge oire-
iai!ins Without d licenSe-that the defendant
had violated the law aud was guilty. TheJu-
nv after deliberaIiuls OF several hours re-
turned verdict Of NOT GUILTY.
Now here is judicial decision on the very
point in contest between us and our oppo-
nents, as to whit is the true construction of
our new law. and that decision fully main
tsins the ground which we have assumed;
aud we put ii TO the good sense Of the COM
muniiy. whether this legal adjudication is not
entitled to as much weight as the mere Opin-
ion of Governor or a Doctor OF Divinity.
On what ground do the SETS OF Commits
sioners stand! The Multiplying ticket takes
the position that they will grant no licenses
TO retailers, wholesale dealers or tavern keep
crs. They have decided all questions of that
kind even before they have heard them and OF
coursec annot listen to any applications oflhat
character. They are in the same condition
that juror would be IN who goes on to the
jury 10 try cause in which he has formed
and oppressed his opiRioni How is it with
thr Liberal tick ef for Commissioners They
stand entirely misunderstanding are pledged
TO no man aud no class Of men-they are
committed only to the exercise of their best
judgment and discretion, in the discharge of
the duty which the law imposes on them
but they hold thai the law is TO be erecuied
and not nuliifed.
Which of these tickets, Freemen OF Addi-
son County, will YOU support-the Lac break
ing ticket or the lac abiding ticket Choose
ye. u B.