The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-01-07

The casual reader would suppose
from the doubts so frequently express
ed about the Constitutionality Of the
Maine Law, that there was some nov
el principle Of legislation embraced in|
its provisions. The fact is, however,
this great measure does not contain a
single element which isnosto be found
in every statute book Of every State
IN the Union, and Of every other civil
lied community. The application Of
a well-recognized and r-questioned
constitutional principle to as subject
matter Of GqaOr, Is all there is novel in
lhe whole matter.
For exatnple The opinion vas ex-
pressed to us in Connecticut during
our late visit, that the tyrannical fea-
lures of search and seizure upon the
affidavit of three men who might be
reckless enough to make an oath,
would not be submitted TO by freemen.
Yet we find law on the statute book
Of that state, much more odious, and
containing the same elements, and vet
the Indignation Of freemen has heen
slumbering for many years. Read on
the 265th page of revised statutes, we
find the following:
Sec. 189. Upon complaint on oath by
any grand juror, or by any two credi-
bic persons to any Judge of the Su-
preme Court of Errors, or County
Court that he or they suspect, or have
cause to suspect, that any koase or 9TH
er building in the county in which such
Judge resides, is used for the purpose
of printing, binding, depositing, or sell
ling any book, pamphlet, ballad, or
printed sheet, or any painting, print
dressing, ur figure of any kind of an
obscene or licentious character, or as
common gaming house for the pur-
pose of gaming for money or other
property, and that the same is unIaw-
fully used for either of the purposes
aforesaid, or that any idle or dissolute
person resorts to such house or build
ing with that design, whether the name
of such person shall be known to such
complainant or complainants or not,
such judge may issue warrant com.
mandlng any proper officer to enter in.
to any such house or building, and to
arrest all persons who shall be found
there playing for money or other prop
erty, and the keeper or keepers Of said
house or building having therein said
books, prints, or other articles above
described or any of them and also to
take into his custody all the materials
and instruments for gaming as afore-
said, and all such obscene and licen-
tious paintings, prints, drawings and
figures, &C., &c, and keep the said
persons and articles "to be dealt with
according to law.
SEC. 1870. If the person or persons
in whose possession such materials,
books and other articles above de-
scribed are found, shall concede that
such materials and instruments were
used for the purpose of gaming, or
that such books pamphlets, &C., are
of an obscene and licentious character.
such Judge may order the same to be
forthwith destroyed otherwise, such
Judge shall proceed to enquire into the
facts, and on finding this to be the
case, such Judge may order the same
to be forthwith destroyed.
Is not this awful, and yet where is
the civil aOar created by its enactmentl
Where is the fillibuster Court that
has expressed its opinion against the
Constitutionality of the law! Similar
laws may be found in all our statute
books. We invite those editors who
have given currency to the notion that
the Maine Law abridged the rights of
the citizen, to an examination of any
code of laws within their reach, anal
then deny our assertion or acknowl-
edge frankly that we are right. That
we may not be misunderstood. we re-
peat our declaration-there is not
statute book of any state in the Union
that does not contain every principle
of the Maine Law, in substance and
in fact.
Constitutional lasCyers put that in
your pipes and smoke it. Liquor sell
ers and their satellites must find some
other place Of refuge, besides the Con-
sIitutiOn. You must get up some more
specious subterfuge.
or Topper, did you know that the
component parts of alcohol, hydrogen,
and oxygen, when combined, are sixty
times more explosive than gun-pow-