The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1855-12-27
on the Temperance Law. Prepared BY Him.

>c.f.
BEpzE =. Tae SrArr.-Appeal Ma,iou
Common Pleas
Tie appellant Wa committed bs TIE Mavor
Of indianapolis or charges u making aad
selling intoAica.jnL liquors in yia, zion of fhe
aet ct February -. 1885. entitled AN a.,
To- prohibit the manufacture and sale OF Spri-
tuuu~ and intoxicating hqHpr~ tNcept IN c4~ss
therein named. aud IA repeal all lornup act>
inconsistent there nh. and Tor the suppression
Of incompetence" Tie Cd aimed :. wiz OF
hqjsas corpus from the Common Pleas. an1
claimed io be discharged on he ground thai
the act was uncon>tltu ional On beng fe-
mandel lie appealed 70 the Supreme Court.
The first posi- ion he assumes j., tl.sl ghc
&C. transcends tie power Of the Legislature:
that the Constitution l. grant OF powers In
the nature Of power OF attorney, and that
consequently the az: Is unauthorized.
The Act prohibits the manufacture and sale
except in certain cases. The exceptions are
cider aud domestic wines, which NAV be sold
in quantities no; less than three gallons;
liquors, imported under the laws of the United
States, while remaining in the riLinal casks
or packages. liquors manufactured under au
thority from the Board of Commissioners OF
the several counties, which can BE- sold only
to agents appointed by she Board; and liquors
sold BY such agents for mechanical and scien-
tuc purposes, and wine for religious ordinan-
ces Drugs. medical compounds and other
articles, composed in whole or IN part Of alec
hol If not adapted 10 use as beNera res, are
also excepted. All other manufacturing and
selling are declared unlawful and liquors
KEEP: far unlawful sale. with the actual sale Of
q portion thereof, are declared nui~anccs. and
liable to be destroyed as such. on being 50
adiudged in formal trial, for which the act
provides,
The lst section Of the 4th article of the
Constitution is As follows: The legislative
authority Of thi~ SAFE shall be vested in the
General Assembly, which shall CONSIST Of a
Senate and House Of Representatives, =
Whether viewed a grant or limitation it
includes all proper subjects of legislation
TIE instrument specifies but few suble, Is Of
legislation, and if We've as 4 grant, mpiying
a denial q All powers not enumerated, the
gIea; body Of our laws must fall for the want
ofa foundation on which To- rest. The legis-
la,i,e power Of the Sac is supreme. unless
restricted bv the C>n>li uuon." i Blackf.
299, 6 ID. 10.
The State is sovereign. as declared in tie
Decla, alton of Independence. the articles of
Confedera ion of 1913, art. ?. and tie Const-
tuiiun Of tie United S.a'eS, amendments art.
Q. Sac sovereignty has not Its origin in these
Instruments III II = american 'ON tfHIItutS IL
pre- exists viii all powers necessary to secure
the common good.
The act i Said to violate those provisions
of tie bill of nights, which -ecure Tie people
in he right Of properly AMI the pursuit Of
happiness, that the Sac has invaded tie rights
Of lie people BY engaging in trade and manu-
fscture, and creating monopoly,
Til, j. p mistaken view of the tenor and
cbi"c.s Of tie law l. proceeds upon tie
ground TIA, ia.cmperance evil lhat ought
10 be- .en.cjicd, that the general prohibition Of
the manufacture ard sale are proper means Of
attaining ihat end. ]; comedies, however,
that for certain purposes liquors are necessary.
or at least convenient. and 1t eadeavors Ia sup
ply fhat necessity or convenience, through
agents who are ua' interested III and derive
ne profit from the business.
The main inquirv l.. can commerce in in
toxicaiiny beverages be out-lawed? And Incl
den,alIv. to wfaJ department or tie govern
nent does il appertan 10 declare whether iEe,5
may may not be?
Drunkenness is admitted 10 be an evil to
the individual and to the State. destructive to
the mind AID body. productive Of the mos. Of
the crime that is committed Il i, supported
BIZ the taxation of lie people: it destroys tie
peace. safe Y AMI happiness Of tie people,
which the first article IN the bill Of rights de-
c}ares all free Governments are instituted to Sc
cure. and these effects are alleged 10 result
chiefly from commerce in tie prohibited
articles The Legislature haS suFed these
evils to exist and II does not ceNoive upon
this Court To declare tina they DO not The
enquiry : not open Ia Us. We cam ot legally
or consti,utiouailv assume tia: know more
Of the effects of this traffic than the Legis
IA ure To provide for the peace, safe-r, and
= Fl -.srsrrla No i o
ii j COURT is tevolved upon the Legisla
tu4e. Our powers are as clearly limited and
defined as those Of TIE Legi,la-uTe An al
tempted infringement by ills Court upon the
powers If the Legislature woul be itself un-
constitutional ard subversive u free govern
ment II a tribunal Of last resort overleaps
It's constitutional barriers, and invaies the pro
vince OF the legislature. there being no com
mon arbi;er. and the ballo, box being power
less. there i no remedy but revelation.
Il Is said liquors are property; that they are
projected - such BIZ the Cons! u;Ion: that tbe y
afe not per Sc nui<aHces, and that the Legs
laiure has power 70 declare them so.
TITS is only stai,ag the objection in another
form. Who Is to Judge whether liquors a.
used in commerce are nuisances or uots \
nuisance i defined to be anything that work
eth hurt. Inconvenience or damage TO the pub
be-" Disorteily inns, gaming houses. q c
are nui>anees. b. cause hey encourage iaie
ness and corrup, the public morals 6 Blackf
474: b. Com els: Bac. Ab. l44' !
Blackf SEQ. 4 Ind. e64- In tie latter cas-
this Court deeIred that it was competent io'
the legislature to declare any prsctce deemed
injurioss TO the public a nuisance. aud 20 pun
ISL il accordingly. The legislation Of ;hi'
: SAFE since 1897 has out -hwei tie traffic II