The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-04-30


[" blood-letting,n as crime. Under this sta
tuie physician was indicted for blood-leiting
in his practice. The terms Of the law, If taken
in literal sense, were certainly broad enough
to condemn him, but the Court, as q matter Of
course, held that the law meant malicious
and not the letting Of blood for
good purposes, The remedy will not be sup.
posed to be broader than the evil. What then
was the evil in the old law in regard to liquor
license, which the clause in the new Constitu-
ton was designed 10 obyiato The old law
gave license to traffic in Intoxicating liquors as
a beverage This was the evil to be remedied
and nothing else, more nor less. The traffic in
such liquors for mechanical and medicinal
purposes was never discountenanced BY the
Law In any sense. No license for such traffic
was everrequired. The terms, I" license to sell
liquor then BY the usage Of our laws and the
common understanding Of the whole commun.
ity, at the time the new Constitution was adop.
ted, meant @libsrty Of lao to sell iatOricating
liquors as beverage; and no license" there
fore. as used in the Constitution, must, on eve
, rule Of sound Interpretation, he construed to
mean no liberty Cf lap ID traffic IN liliorieatiae
liquors as beverage" On this construction
the remedy will correspond with the evil and
the words Of the Constitution be used in their
acquired legal sense. Now the law Of Maine,
solar from conflicting with this provision of the
Constitution, is in exact accordance with it.
The Constitution puts the seal Of condemns
ton upon the beverage traffic in intoxicating
LIQUORS. No license for it shall be granted.
The shield of the law shall not be thrown over
it 10 protect it. The State shall not presume to
derive a revenue from traffic so fTaught with
evil, mischief and woe to its people. This is
the import of this clause Of the Constin-
ton. The agent constituted by the Maine
law has no license to traffic in intoxicating Ii
quors in the sense, that license is prohibited in
the Constitution. He can sell such liquors only
for mechanical and medicinal purposes, and
that not as trafficker. He receives no profit
from the business, but receives fixed salary
from the public treasury, for his time and scr.
vices. He is merely ministerial officer o.
the law, appointed for the purpose of guarding
more efectually against an unlawful com.
merce. AS well might you call custom-house
officer, trafficker, and licensed trafficker in
! foreign goods, because all such goods coming
to the country, must pass through his hands
and under his inspection, as to call this agen
a traificker in liquors, The one has Just as
much interest in the goods that pass through
his hands as the other, and no more. He hai
not liberty to sell that, license to sell whicl
is forbidden, So this objection falls out of tn,
case. There is nothing in it.
Let us now 60 on to the second clause, whicl
} is as follows; shut the General Assembly may
, by law, provide against evils resulting there
| fron1." This clause, it is said, recognizes tn
, traffic in liquor as lawinl business and i'm
pliedly takes from the Legislature the power I
5 destroy it. 1t certainly does recognize the e1
e istence Of the traffic as fact, but it Just Z
{ surely does not recognize il as right, goc
: to be protected. 1t recognizes-it as fruit ar
s necessary source Of evil, against which the L
e gislature is admonished to guard. This clause
n not restricting clause-it does not in al
J. sense limit and could not have been intend
l. to limit the power Of the Legislature over the
Is quoT traffic, but is in its very terms directo
s, and advisory. 1t does not confer any addition
e power on the Legislature. 1t was not nece
le sary for such purpose, because that power e
4ad ..yitl it s,,Ia
Q, it, 1t must therefore be viewed as an affirI
a ance Of fundamental principle of legislati
OF duty; as imposing an obligation OH the leg
he lature, by law, to guard the public against c.
It's tain evils. In what manner the legislatu
C. shall do this is not prescribed. The manr
ss, is left to the discretion and wisdom of the leg
he lature provided it shall not adopt the inefectr
he and mischievous system of licensing the bev
'e- age traffic, as heretofore adopted If the to
ts, prohibition Of the sale Oi intoxicating liau,
II as a beverage, is necessary, and the only med
nd Of protecting society from the evils OF inte
he perance, the Legislature not only may,
Ice is absolutely bound to prohibit it. We m
)s- construe the Constitution in such a way as
les make its several provisions consistent with eG
ol other, if possible. A right is not certainly,
be implied against positive denial of the sal
ne right in the same instrument But to say Il
ne the latter clause Of the section quoted rect
sh nizes the beverage traffic in intoxicating
~ ~ quors, as a right TO be guarded and protect
:" Such construction can never be admit
We must seek such construction as will
- vance the remedy and suppress the evil ain
,;s at Since writing what has been written
u decision of one of our Common Pleas judi
= has come to hand, which fully confirms
n view taken of this section of the Constitut,
i. The case was decided in Springfield on
/. oath ult, and is this. John A. Hall, of Cll
= county, was indicted under the first section
= the act to restrain the sale of spirituous liquo
&c, passed March 18th, 1851. The def
=. dant's counsel, moved the Court to quash
:. indictment on the following grounds. lst,
of cause the act on which said indictment
cb founded is unconstitutional. 2nd, Because
Court of Common Pleas, has not by the G.
n stitution and laws of Ohio, jurisdiction of
On offence, &c. Judge Haines decided the
IN question in the following language, as repor
!. in the Springfield Republic:
g; s. The constitution provides that no Lice
RS, to traffic in intoxicating liquors shall herea
ut be granted in this State; but the General
de sembly may, by law, provide against evils
is sulting therelrom.' Although the Legislat
zes has no power under the constitution, as h,
nd tofore, to provide for granting License to tru
cal in intoxicating liquors, yet that body, in
ng Judgment, may eonstittstionally enact laws
nld straining the evils of intemperance result