Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1855-11-21

ori.,s. II ysaes Laws. /.

The stAis u Ic~s District cosss ersssns'ef
$500. TINA, 1854. i<e cos io~a.
sesra, wsrr1n, 10 seins
tirorAs sasso. ssai Liquors, &c.
The f~acSsdspxs IN this cess sss founded up
ca the pfh end 1ffh sertjpus ~ the iate set fof
tAx suppression " in,emyrrsncs. snd rome up ON
= sps~al from The Mayors csurt q ths Cry -
k~Osak. atsa fsssss
Thee cissscs Al objections ste bdtrrrp~sd BY
counsel ios the Siefendsnis ~ The proceedings
Tie let. deriving The jsfisslisiien OF The mayor
over 0dsnsss o! dis description.
Ths 2sd, founded upon cersain alleged irregn-
lsftlies in the psoceediags;
Ara fhe sd ,hss the law authorizing the pro
eeeA;ass il unconstitutional snd imperative.
VIII reference 10 the frat OF these objections,
Il was Claimed thxs although the city charter corr
frfcd 1por The Mayer the powers and Jurisdiction
Of justices Of the peace syes of7c,ses committed
under the criiHinai laws Of this STATE, yet that
this proceeding was ost IN rem, rnder the 9Th
and loah sections of the iigaor law, which was
claimed 10 be distinct from aud unlike 10 any
form Of proceeding under the criminal ia~ 81 the
Eaaie, Which latter deals with persons and not
shingr, and thas therefore the Mayor could not
entertain Jurisdiction from any power derived
from the city charter.
THIS Court understood this objection TO be bas-
ed upon the idea shst tiris proceeding II one
strictly In rew. This IL conceived 10 be \ mis-
take and the objection must fall 10 The ground.
Tie Legislature has not been guilty of the folly
Of declaring by enactment tina, property or things
can be tried and punished for criminal of!cHses.
proceeding under the 9Th section Of the act
IN question connot be inssitu;ed without charging
some person by name With the oi'ense intended
TO be punished. and when the prohibited article
Il seized and PVT under the custody Of The law, II
cannot be further dealt with dill the person chsrg-
ed ~ well NJ all other persons interested are
summoned and notified 10 appear on day de-
signatcd for trial. n they appear. they may
plead and have trial. aud Il found guilty aas
charged, they are punished by forfeiture Of the
goods seized and The costs Of the prosecution. II
they do not appcars trial Is nevertheless TO be
had, and sons~ one must be found guilty Of VI
olAiion OF the law, before the property can be ad-
judged forfeited. SO that il Is trial Of persons;
and II the ofIenscs described In the 5th. 9Th and
It'll sections ri the act could be tried before the
Mayor, (which seemed TO be conceded, and pro.
perry 10, because the proceeding would be against
personsl then II must equally follow that the
Mayor should have Jurisdiction over the oGTcnse
intended 10 be punished by this proceeding.
Again. The ~nnt of Jurisdiction was urged in
another form. II was claimed that it was de-
rived from the complaint duly made according 10
law, and that ipssmucli ne one ofthc persons ma.
king this complaint was a constable, it should
hare been rejected under the l75th section of
the Code L il quite obvious 20 tie mind
Of the conrt, that this section Of the code
can have no application 10 information made un-
der oath 70 magistrates, that an offense has been
committed against the criminal laws of the State,
but on the other hand 1t Is made the duty Of all
persona having knowledge OF the fact TO give in
formation Of crime aud in the manner prescribed
by law as the basis Of prosecution.
The irregularities complained of are severally
oscrraled. It's not deemed necessary TO rcca-
pitulate these objections and to state the several
grounds upon which they were overrnled It may
answer 10 state generally that some relied upon
IN argument, we're not assigned AS error in the
affidavit bringing the cause up some were
gronndless; others were cured by the verdict Of
tho jury aud Others again were technical, and
did not effect the substantial rights Of the defend
ants.
Some seventeen objections are taken against
the validity rconstituionaty Of the late liquor
law under which those proceedings were institu.
ted. Many Of these however are directed against
tho wisdom and expediency of the law, with
which the Court can have nothing to do, ind
therefore will not be noticed. Those mainly re-
lied upon as affecting the constitutionalty of the
law are:
LIST. That the act in question is in conrayen-
ton ofthe 10Th section Of the Sd article of the
constitution. which says that ''Eeery iaW shall
embrace bm one object, whieh shall be erpresscdia
the htie,"
II Is claimed that this law possesses two or more
ohj.cts-one for the suppression Contemporaries;
smother regulating the sale Of intoxicating H.
quors by county agents; and yet still another
for holding an election by the people; and that
the first Of these objects alone is expressed in
the title. $500
This provision Of the constitution was intended
chiefly to guard against two evils LIST. An UNI
fair expression Of the Legislative arrising from
the common practice of passing bills hastily by
their title only, without requiring them to be
read at large, aud which not unfrequenty en-
brnced objects entirely foreign TO that expressed
in the title; aud, indy To prevent surreptitious
legislation by linking together two or more dis
tinct subjects of Legislation in act and there
fore by giving nh united strength which they
could not command singly for adoption
To pass laws which shall contain certain limi-
tations aud exceptions to the enacting clauses
thereof ia a necessary and just mode of legis-
lation, often Indispensable, and long practiced
without complaint, and is not an evil against
which the provision of tho constitution alluded
to was directed. Now the act under considera-
ton prohibits under clearly defined penalties
-
ereeps as therein proriaea This exception per-
mits the use Of the same for mechanical medici-
nal and sacramental purposes and to guard
against its abuse for these Objects makes provis-
ion for the sale thereof under certain regulations
through agents appointed BY the County Judge.
is It not apparent that this exception is german
to the whole subject Of intempcrance and the Ii.
qaor traffic, and Is fairly suggested by and in
claded In the title Of the actg
Again; 1t is quite true that the last section Of
this act provides that It shall take effect at a
given time, provided majority of the electors
of the State shall signify their acceptance of 1t,
through the balot-box, at the April election fol-
lowing Its passage. This in effect does not differ
from section Of Law providing for its taking ef.
feet after Its publication in one or more newspa.
pers, except that there is coupled with it con.
dition making the time when the law shall take
effect to turn upon contingency In neither
case can II Justly be said, In tho sense of the
constitution, that such temporary provisions for
CARRYING into effect at specified time the main
act contain objects distinct in their nature and
not Indicated by the title of the law
Another objection to the validity Of the law is
prcdicatcd upon the LIST section Of the LIST article
Of the constitution, which secures the fright Of
aeg*'rsHg, possessing, aad protecting property,
and psrs,siag and obtaining SAFETY and 6appi-
Ress," The argument ia that intoxicating LIQUORS
possess In fact all the elements of property, and
that this clause Of the constitution carries with il
a. = necessary implication or Incident, the right
10 cell and eaey, and that the legislature cannot
ngntt0lly prohibit the one, or take away the 9th.
or, by ordaining its destruction, when the right
itself is asserted. Concedng liquors TO be prop
erty, yet il must be remembered that the right 10
acquire and enjoy property is after all, subordi-
natc TO she greater interest involved in the cons
r.. 4 A.