Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1851-01-09

pHIS son WHO uemlSeu IL khOWiHS WEI suth SsArh-
shmcnt to be set up or such traffic carr Ted on
ther Elm. shall be subject TO lien, although not pro-
ceed.d against directly, for the purpose hereafter
directed and when an indictment Is found II IS
made the duty oftae court to command the saefin
by proper process to seize the establishment anu
close il AMI keep il closed and keep possession OF
the goo IS therein until the final determination or
the prosecutions.
II. In the cases mentioned in the preceding two
sections the property may be released Ivy any per-
son filing q bond in penal sum not less that hve
hundred dol ars with one or more sufficient tree
hold sureties. which bond and suretes must be APP
proved by the clerk or justice. and the condition
OF which must recite that the principal therein as
sua.es to be the owner keeper Of said establish
ment takes upon himself the liabilities arising
theref, ON. and the condition shall be that the par
ties thereto under take to pay any fines and costs
which may he aijudged against the person or piop-
erty informed against or indicted.
~. Upon the conviction Of any person engaged
in any establishment prohibited in this chapter, the
proper matter b. Ig found, and also upon the con-
viction Of the property the count is required to de-
clare such establishment nuisance, ami the prop
officer shall he commanded 10 ahate the n"i-
sance by taking ,ossrssinn "f the establishment
and destroying all the prohibited liquors therein,
and selling the vessels, furniture and other goods
found Herewith for the payment OF the fine anu
costs.
10. The enactments of this statute in relation I"
the HON 'stead AMI its exemption from execution
modified as follaws: If the establishment here
III ne set up III the u"tihhS "'u"e w w
homestead, the whole homestead will he liable. In
other cases the remainder of the homestead (excu-
sive Of the dwelling house) is made liable.
-. The authority to grant licences to retail the
liquors herein prohibited. contained in the charter
OF any incorporated town or city, is hereby repeal
ed; but existing licences whether granted by towns
counties not affected by these provisions.
And these provisions not to extend TO boats or
vessels usually navigating waters which are NOT
exclusively the waters Of this state, unless the
laws Of the other states having concurrent jurisoic-
ton such waters contain substantially similar
provisions.
The first six sections passed without debate
Upon the 7th, in committee Of the whole, Mr. Glib
son in the chair, an extended debate arose.
Mr. Rabbit moved to strike out the penalty offrom
one to two hundred dollars, and insert not under
ten nor exceeding one hundred dollars.
PR Temple moved an amendment Of Mr. Babbitrs
motion, inserting twenty-five instead Of ten dollars
as the lowest fine. He argued that ten dollars was
too small penalty for each violation.
Mr. Babbitt said it was not his object to defeat the
bill, but not to fix the penalty high, as to defeat
the object in view, since heavy penalty, would
lead person arrested to appeal, to employ the best
legal talent, and would cost the county much for
his trial, aud so Cypress the taxpayers. Besides,
he argued that man might he fined FOR all viola
tons, and all might be issued at once, by entering
judgment separately fer each.
Mr. Temple rejoned in favor Of higher sum.
Mr. Parvin was in favor Of $25, or more as the
minimum, for he had found by experience that JUS
tees and courts seldom went above the lowest
penalty of the law.
Mr. Negus was in favor Of lower penalties. He
illustrate his own opinion and experience from the
law Of assault and battery involving one years
nc lesdiDp n conviction.
He said, give one hundred dollars, and will
warrant that can find some flaw escape for the
accused under this section, as from an excessive
penalty.
MIR Gamble differed from the last speaker, and
thought fine OF s25, and even imprisonment none
too much. He held all sellers of liquor as crimi-
nails at law, and deserving punishment.
Mr. Allender was very strenuous for severe pen
allies and high fines. 'sI hold (sad he) that liquor
selling IS as ung,dly and unrighteous business as
that has soul can prosecute. Traiickers in
liquors sell for gain, aud there is other way to
stop the evil. They an idle naiine set OF men,
thai srH pinch fre csni piece til the rog'e screams
upon it. They would pay ten dollars, and go on to
sell and make money STILL nay in some places, ray
twenty-five dollars.and make good business Oft.
Mr. Temple reminded the house and speakers be-
always detected at once-the sober class not fire.
qaenting such places liquors sold in; and
hence the need of round penalty when con, icted.
Mr. Wilson, OF Henry, wished $50 inserted, and
could not vote for ten nor twenty-five.
AMI here he NOV ed reference to the select COM
mittee, which was lost.
Mr. Wilson then moved to strike ont the clause
authorizing Imprisonment in addition to fines.
~r
clause touching imprisonment, as it tclo' g"d 10
barbarous age, and degrading the man, and only
making him lit to 60 on and sell liquor.
Mr. Allender was surprised at Mr. H,rhour's
grount-as imprisonment often the only way
to reach this loafug, worthless set Of men-who
will 60 to camp meeting, and every where else and
set up their si"qoiogy,' in any corner. and fines
would not reach them, as they are worth nothing,
and have nothing to pay.
Mr. Harbour wished to so vote as to effect some
thing by the law, considering it matter Of bad pol
icy to impr,son. If the public mind is prepared,
any law which we may PASS will effect the end, but
il not, no law will he sustained.
Samuel Riggs urged Imprisonment upon second
offence; and the clause as it now stands is better
than the substitutes or amendments.
Mr. Eaton oppose the imprisonment clause, and
thought fines far we could now 60. If
the people want another year. SO ordain, Civ
ing the law by parts and pieces.
Mr. Goodenow supported the section as it stands
in the Revised Cole. And il the people, tas Mr.
Eaton says,> will demand by and byc,the section
as it now stands is all that they will ask for.
Mr. Babbitt opposed the clause OF Imprisonment
as penalty, as it would summon, at once, all the
retinuc of lawyers, demurrers, allegations and ap
peals, and the county be saddled with costs.
Mr. Wilson, of Henry, spoke against 'simprison-
ing man for the pitiful crime Of selling liquor.-
He could not 60 for it.
Mr. Price opposed giving justice the power OF
imprisonment in any case whatever.
Mr. Temple, said, there is much sympathy here
for the rum seller. There are many doubts about
public opinion as to this matter. But what other
expression OF opinion do gentlemen want, beside
petitions--he multitude Of petitions puring into this
house? If they want more evidence that public
sentiment is right would refer to the law and le-
gal voters, three years ago, when oil the counties
of the Stae except one, voted for the restriction OF
the sale by law. It was submitted to the votes Of
the people-the legal voters, mot women and child
rem, as it will be sneeringly said here.) though
thank God that ,romen and children had much TO do
Nth ii. Who does not know that lotteries are sup
pressed by law9 But who has ever seen the l"tte-
ry-dealers child starving for bread, shivering in