The miners' express. (Dubuque, Iowa) 1849-1854, 1854-07-26
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THE .NAINE i.lOrIOR LAW

THE aAlNE LIQUOR Law
We complete to day the publication IF III.
Maine Liquor Law and woala ask from orr
readers careful prusal Of its provisions. A
v'ry ctr n. eff,rt is being made at this tire by
the wing party, To elect men to the Legislature
who will advocate the passage Of similar act:
and therefore it is highly important for every
man who has vote TO give, to examine carefully
and minulely its provisions. We propose in
this article, to point out briefly is defects and
presume we shall be able to satisfy all, who can
be reached by reason, that it is not the law for
the people Of this state.
IN IN" first place, we hold that il is bad policy
and deuteronomy to pass any law attempting to
interfere with the natural rights Of the
citizen, s" stringent in its requirements, az
not tn command general respect md ob-di.
ence to its provisions. Public opnioa in this
| state, we do not believe, is rive for prohbtnry
| liquor INV, Of q, milder character even that the
"maine law and therefore, that TIE adoption
OF such law. would only excite dscord and
hatred IN s"clety; unnecessary and expensive
| litigation and as it would fail to command res
poet, would fail to be observed generally and
would be dead letter OIL the statute book. All
must concede, that the eff CT Of adopting laws,
which fail to command obedience, is highly
deliteri"us to any community or state and that
the less laws of this description we have the
better for the people.
| But let us glance al the provisions OF this
law.
/ The 6ih Section of the bill provides, that
where party has been convicted for a viola
ton of the law, he shall have but t,osnty four
hours I" determine, whether he will take an up.
peal to the higher courts. What is the effect
Of this provision II is evidently and unques
tionably to prevent men from appealing their
cases. 1t Precludes the possibility of appeal
at least ninety nine cases oui Of every hundred
because, tsenty four hours is an insufficient
time to give The erea majority Of eases such an
examination, as to be able 1, determine, the
propristy or improperly If carrying them up to
the higher courts ltis palpabh- tina, this pro
vision is an Infringement upon the rights Of the
CITIZEN and must operate oppressivey upon him.
Section Of This law, provid. S, that no man
shall be competent jurymen arising
under the provisions Of this act, who is engog.
IN the traffic Of ardent spirits.
This conflicts with provision of our funda.
mental law, because every male person, who is
a cit gen and has arrv. at the age of twenty
one and Is tainted with no crime, is recognized
as competent juryman, while the party on Trial
is by the Constitution guaranteed an impartial
trial The above named section denies this TO
the party.
Section II of the Bill provides that upon the
complaint or affidavit of any person, tina, said
person believes, spurious liquors are deposited
i'll any store, house or other tenement, contrary
to the sp'r; Of the law, such premises may be
fnrcibly entered and searched and if spirits are
found upon the said premises, they may BE- con.
fiscated for the benefit Of the poor This pro
vision, is in direct conflict with that provision
OF the constitution, projecting the citizen az ainst
unreasonable seaIches and seizures; and il
violates another provision OF the constitution,
which says, that .'excessve bail shall not be
required, nor excessive fines imposed, nor cruel
and unusual pnnishm ,nts inflicted" all OF
which this bill clearly contempla'es.
1t is ia every respect an Liberal, harsh and
Oppressive law, destructive of the natural rights
Ut the citizen; necessarily partial in its opera
ton and admirably adapted To produce great
deal Of hahn and but liz lie good
i We would like to examine The subject more
in deiIil it We had the space at our command
but must defer until another time, what seems
appropriate at this time.