The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1855-11-12
0Ay The article below was written Satur-

Or The article below was written Satur-
day morning with the idea that the Supreme
Court, through Judge Perkins, had decided the !
Prohibitory Liquor Law unconstitutional. 1t i
appears, however, by intelligence we had not
then received, that this was not decision of
the Supreme Court, but of Judge Perkins out
side of Court, in an isolated case, somewhat
similar to that Of Judge Davidson, Of the Su-
preme Court, in the jail liquor case here. The
Supreme Court is not in session now, but will
give its decision on the constitutionality of
this law during the fourth week of this month.
The decision of Judge Perkins, however, tells
plainly that which we all knew what this
decision will be. Our article below will
read just as well as if the event had hap
pened, which is as sure to happen as that the
Supreme Court will give decision at all.
Judge Perkins decision, will prove indeed, so
far as all but legal effects are concerned very
much as if it were the decision of the Supreme
Court ITSELF The State Sentinel, in fact de-
clares that this decision virtually nuIlifies the
Prohibitory Liquor Law of Indiana"
Decision on the Liquor Law.
AS had been confidently predicted by the
Old Liners, and just as confidently expected
by all parties, the Supreme Court has declared
the Prohibitory Liquor Law unconstitutional
This was not predicted nor expected on the
ground that there really vas anything uncon
stitutional in the law, but simply because the
Old Line party being bitterly opposed to the
law, and the Supreme Court being representa-
tive of the party that placed the members of
this court in their places, it was well known
they would support the views of their party by
declaring the law unconstitutional. There is
no moral force whatsoever in the decision, al
though it may be considered legal fnality.
The effects of this decision will give free
license to liquor sellers. In many parts of
the State, they had already taken this license
and were openly selling liquor. In our own
city, so well assured were the old liquor retail
ers of what this decision would be- that many
of them opened their houses publicly. Even
one of our highest city civil officers has been
openly selling liquor at his old saloon, the last
two weeks! 1t is needless to say, he is an Old
Liner, and was elected to Office as SUCH
Others have been selling secretly almost ever
since the law went into operation. Some to-
be-sure, have suffered in the flesh" for it, but
this did not stop them. On the whole, as the
law has recently been of but little consequence
SO general were the violations, and SO deter
mined was the spirit of the Old Line party to
bring it into disrepute, and SO ready and will
ing to assist or sustain those who violated
it-this decision will not materially alter
things. That the law agas of great benefit
even during the limited time it has been in eff
fectual operation, cannot be truthfully denied.
of vice in which poisonous liquors were re-
tailed. 1t restored to position and character
men who had been curses to themselves to
their families and to communities, or at least
placed them in the good road for soon affecting
such restoration. 1t has lessened vice in
every form throughout the State. In many
places, it has depopulated jails and poor houses
by lessening crime and increasing individual
prosperity. 1t has indeed worked a thousand
great and good influences, with but few CORES.
ponding i'll effects.
As this law has been declared unconstitu-
tional by Judge Perkins, even in the face of the
decisions of other judges and against thejudg-
ment of some Of the best judicial talent in the
State, to whom the Bill was submitted before
it became law, we presume it is now dead
letter. But if its foes imagine for moment
that they have killed Prohibition-if they be-
lieve the mass of the people Of Indiana are op-
posed to Prohibitory Law-they viii find
themselves greatly mistaken. A Prohibitory
Lawef some kind, the people of Indiana s0i1
haze. If there really were Objectionable fea-
lures in this Law, but few will be found to
insist upon their re-enactment-yet that the
friends Of Temperance will give up the battle,
or that they will be found weaker in the State
than they were last year, when they placed
the material in our Legislature to pass the pre-
sent law--we do not believe. Old Lineism
has gained nothing If after being forced to
succumb for a time to Temperance Law, they
now fly to the opposite extreme, and make In
diana, what they seem determined to make
Evansville, an immense groggery, they will
do more to secure the enactment Of another
Prohihitory Law, than all the dedunciations of
Temperance men might affect.
The legal effects of this decision we look
to with painful solicitude. But we shall re-
serve that for future consideration and discus
sion. In this article, we have written upon
the presumption that Judge Perkins decision