Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-04-30
ABOLITION OF THE LIQUOR TRAFFIC..
BY LuorAN MINOR.
J. TO THE PEOPLE OF svIRGIN1A.s

IL any OF you Keep OF eAnlOlt Certain Sorts OF
gaming tables Though it be in his own private
dwelling, orparlor, or dining. room, for the mere
amusement OF his, family or guests. l-or permit
them TO be kept or exhibited on any premises that
you occupy-or act as door. keeper, or watch, for
such faro-bank or tahle-or hinder the lawful ar
rest OF the keeper or exhibitor or the seizure of
The table, bank or money;--the penalty may be
imprisonment for a year, and fine of 81, 000.-
Up. 743, l, 2, 81 -. -
The table or faro bank, and all money staket
or exhibited to allure persons to bet, may be seized
by order of court warrant of justice; the money
shall be forfeited and The table and faro bank burnt
'-[742, 81.
If one o. you play at such table or faro hank;
OF play, in tavern or other public place, at any
game whatever except four privileged games or n
licensed one, Though he bets nothiag;l he may be
fined $50, and held TO give surity for his good be-
months. [743, Sal
You are forbidden by your laws to do numberless
other things thatt would seem your clear, natural
right to do,--because your doing them would, or
might interfere, or lead to interference, with the
rights OF enjoyments of others, or with morals
good policy or the decencies of life.
You are forbidden
Tolend your money, or other thing, at more than
SIX per cent. interest; pain OF forielng Gouble
the value lent: 1877, fill
10 beat cruelty, or torture any horse other
beast--epen your o,on: TAO, 14.]
10 labor on the Sabbath, or employ your ser
wants, &c, except in household other work OF
neceS sity or charity: [741, 16.
10 curse or swear profanely; TAO, 10.
Knowingly to sell diseased or unt1holesome pro-
visions, t0hether meat or drink without making it
known to the buyer: t741, ST..
10 lend money, or sell or hire any thing else, on
credit, to college-student. without his parents
or guardians written permission: 1878, s l, and
74S, 81.
To kill deer any where east of tie Blue Ridge,
during seven months OF the year; your
land; unless il be your own deer, tanned, and en-
closed in park: 1850, $1.l
To haul seine below the mouth of any river
between the first of June and FIRST of September:
[451, SAL
To take oyesters with any instrument but COM
mon oysters tongs, with a bar OF head not longer
than % inches: [452, 1871 Fine 800.
To take oysters at all for the purpose of making
lime: lib. II.
To export oysters, not picked or planted, from
the waters of this State, between the LIST of May
and September: [452, s ID.
To shoot or kill wild fowl during the night,
cept from the lands TO do so from skit, in
three named counties: 1853, IA.
10 do many other things about fish, fowl, and
other game, too numerous TO specify. See the Code.
pages $50, u, ~, '3.-Hgh penalties, raging from
SO to 500 dollars, attend these prohibitions. Parts
of the proceeding are an arrest Of the offender,
md seizure aud sale of his boat, skif, vessel,
with its tackle and appurtenances, to pay the fine
a nd cost.
One of you cannot make mill dam his
o,cn land, though the stream rise in that land,
without leave of court, after verdict of n jury
expressly seying that certain injuries 10 neigbbors
will not result Up. 1923 &c.
Nor, when he has built his mill, can he refuse
to grind any grain brought to be ground in its due
turn; nor take above one eight as toll; Up. $50, s
l2.1
One of you must not inoculate himself, or another,
or suffer himself to be inoculated. with the sma /
poX, unless at a lawful hospital 1886, l.. Fine
not exceeding $500.
If he is knowingly infected with any dangerous
infectious disease. or has lately had it but has not
hail his person and clothes perfectly ceansed; he
must not go into the company of any ether ,cho is
liable to be infected; aud must retire from public
Rad or street a passengers approach, or warn
him Of his danger: 1897, s 81
What have been here cited, are but few of
our Codes enactments that restrain individual
freedom, for the public good, in fulflment of the
States duty, to be the guardian of her peoples
lives, interests and happiness. No m0re are cited,
for fear needesSly tyring you.
It's remarkable, that most of penal laws, thus
restraining us all, level their prohibitions and
penalties exclusively at "free persons.'' They
commonly begin with 'No free person shall'-or
elf any free person" do so and SO; # in de-
riSion OF those who fancy freedom 10 consist in the
right of doing wrong without check or punisl-
ment.
There are two enactments, that have partic-
ulaly close resemblance to that section of the pro
posed Law, which will cause the offending liquor
to be searched for and destroyed. Both of these
Virginia enactments provide for seatch-warrants;
and the second of them searct-warrant for Ii
quor unlawfully kept for sale.
/. BY p. I39, $50 of the Virginia Code, 2, 3,
and A.
A Justice upon complaint on oath, shall issue a
search warrant for [l.) counterfeit coin, forged
bank notes, or instruments or materials for ma
king them: e. Obscene books, pictu1es, &C., for
hidden by 8 II, of p. TAO: (3.) Lottery tickets,
materials unlawfully provided for drawing lotte-
ny: (4.) Any gaming apparatus, or implements
used, or provided for use, in any place resorted
to for unlawful gamn The things when seized,
shall be safely kept by direction o. the justice
court, to be used in evidence: and as soon as may
be afterwards, be burnt or otherwise destroyed,
under such direction.
any but manufacturer Offer for sale any vi
nous CT spirituous liquor, without first paying ot
and obtaining license as required by law; any
Justice, OH information given him by any pc son
lit needs not be al oath!l shall issue an attach
ment directed TO any sheriff or constable in his
county, commanding im 10 search for and diStrain
the articles offered, enough of it TO pay the tax
and COSTS and the officer shall sell, after rea-
Sona6le notice OF time and place.
The last act (Which was passed some two
months before the famous Maine Liquor Law re-
quires no summons to the unlawful seller, and
gives him no means or opp rtunity for defending
himself, as the Maine Law does, and as our propo-
sed Law will do. And. less beneficent than these
Laws, il continues to circulate the liquor instead
of destroying 1t. 1874 ~
Laws here quoted, and the proposal Law against
the Liquor Traffic, settle the question, ESQ far as
numerous plecedents settle it) to the right
full power ofthe Legislature to pass such Law.
But the never doubted and constantly exetcise
power of that Body TO restrain and regulate the
Traffic by the License-system, proves the right to
prohibit the Traffic. ror if our law-givefs can
for bid all except dozen persons in large county
to sell; or all but those who pay a tax and obtain
q courts approval; they may forbid the sale en-
tirey. - & ..I-,- st
There is however, still higher reason for saying
they have that power. Three of the United States
wing passed laws that forbade the sale of ntoxi-
eating liquor except in large quantities, and on IL
censes granted by public authorities many retail
ers denied the constitutionaIity ofthose laws: and
the cases Called The License Cases. came before
the Supreme Court at Washington. [See How
ARDS reports. ?. 5o4-6ss. Six OF the judges