Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1846-02-05

generally, would not the language in sec. 13 have
oeen ''the said commissioners may license specially
IN those towns in the county where there are no gen
eral censes" BY providing for limited licenses IN e.
cry tom IN The county, it appears that the Legislature
entertained the idea that no general licenses might be
granted.
By applying the usual rules Of construction to this
statute e. by looking at the cold law" "the
mischief" and the remedy" it appears that the
legislature could not have intended to compel the
county commissioners to grant general licenses. The
mischief complained of was that there were too ma
ny licenses granted. The complaint came from tenn
peance men, In listening to the prayer of these pc
titioners, can it be for moment believed that the
legislature intended to pass law to compel the grant
ing Of icenSeS" 1t would have been an insult to the
petitioners. They complained of the evil of licensing
grogshops Did the legislature, in listening to their
humble petition to remedy this evil, act so meanly as
to pass law to compel its existence? 1t cannot be-
There is evidence Of it in the language of the act
and would require very strong evidence to convict
the Legislature of such dishonesty. There is no evil
dence that they did not inendt remedy the mischief"
and it seems clear that they have done it.
Upon the question of consttutionality the commit
tee have time to say but word. If laws which au-
thorize discrimination in granting licenses to the
kinds of licenses to be granted, to be considered
unconstitutional because they prevent some persons
from selling, it would perhaps be difficult to perceive
the constitutionalty of any license law because,
the law to be carried out by granting general licenses
STILL large portion of the people are prevented from
selling. Many persons seem to confound the law
with laws of the class which are prohbtory. 1t is by
no means settled that even probbtory laws would be
unconstitutional and it seems to be conceded by ALL
the States may pass police aCs. These have relation
to the peace, security and happiness of the community,
and by its police laws, says Chief Justice Parker,
State may provide for the prevention and punishment
of offences, the prevention of paupersm and idle and
dssoluto habits, the preservation and promotion of in
dustry and economy, health and morals. The right Of
the State to pass such laws is explicitly admitted in
Judge Storys Commentaries on the Constitution; and
indeed, it is right that has rested on debatable
ground. This right is among the rights of the States
never delegated to the General Government
"A
writer in the Federalist says that law which tends to
diminish the consumption Of sprit,ous liquors. is "high
ly favorable to the economy to the morals--and to
the health of society,"" No one can look around in the
community and observe RUNS doings, without being
satisfied that it tends to disturb public order-that it
causes breaches of the peacethat it destroys indus
It y-cconomy and health. What other agent of evil
is there, that so strongly calls for the controlling po-
lice power Of the State as Rum? This law, then,
which seeks to control and restrict the sale of lntox-
cating liquors. is law to promote the economy health
and morals of society-it is police a,c-therefore the
States hare right 10 pass such latGS!
Nor does such law interfere with the rights of the
importer. Allowing that the payment of duties Sc
to him the privilege of sale only for useful and
not for injurious purposes because it is settled prin-
cipeof law as well as of common sense that we may
not so use our own rights as to inure the tights of
others. 1t is laid down in Chapman Government, as
condition attached to eraymiUiiege enjoyed by per-
son entering society "that he does not any way abuse
it to the prejudice Of other men," 1t has been found
that the ndiscrimnate sale of intoxicating drinks is
preudlcia to other men, and injurious to their peace,
happiness and prosperity. The friends of temperance
will ask for no law against the Rum-sellereXcept such
as prevent him from "prejudcing other men,"
If we have successfully maintained that tie law in
question is police law and that the sale of intoXca-
ting liquors for general use Infringement of Ie-
gitimate police State regulations, made in the exer-
else of powers not delegated to the general govern
ment, it follows necessarily that every Importation of
such liquors must be made subject to the rights of the
States to make such regulations. 1t is to be regarded
as mere permission to do, what however the importer
must do, at the peril Of encountering State police,
which would render his importaons valueless except
so far as they may be sold for purposes consistent with
the peace, prosperity and good morals of the com
munty,
H. w. DRUEY,