The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-13
IN THE SUPREME COURT.
MAY TERM, 1855.
APPELLEE'S BRIEF.
COSCLCsIoE.

Z
/ Court to the act of 1853, entitled IAN act for
the incorporation of cities / X. ). 1852,
D. 2o3. That act contains SO sections. It's
provisions are very numerous; yet We think
they ali pertain to the incorporation of cities,
or are properly connected herewith. Some
of the most prominent provisions are upon the
following subjects:
Taking the census of q city and dividing
itinto wards The election and duties Of of
ficers a full and complete set Of rules and
regulations for conducting the elections pecu-
liar to cities. and presotiblng the quahHca
/ tons Of voters. &c The power and duties
! Of the Mayor. His court IS established as a
court Of record ) Ehe officers Of the court are
kenumerated. apd tleir duties pointed Out
| His iurisdictionsis defined; and the processes
which he may issue, the rules Of pleading and
practice, and the means OF enforcing judg
ments in his court, are prescribed. A sys
tern for the assessment of property, and the
levying of taxes, peculiar sto cities, and for
the sale Of property for delinquent taxes, is
also provided. common council is crea-
ted, with legislative and administrative author
ity. and with extensive powers, clearly defined.
Thirty five subjects are enumerated which
they may regulate by ordinances. to be en-
forced by penalties under proceedings in the
Mayors court. The same statute also pro-
vides for the care and improvement of streets.
bridges and other public improvements, and
for taking prvate-. property Tor public use, and
making ompensation therefor. Numerous
other topics are also contained in the act.
The aot just cited does not present an iso
lated instance The whole system of legisla
ton in the entire revised code is the same
The Legislature which enacted that code have
given an exposition of that provision of the
Constitution, founded in strong sense, calcu-
lated to remedy the abuse at which that pro-
vision is aimed without embarrassing or de
feating fair legislation; and We cannot believe
that this Court will repudiate this sound CON
structlon. and thus sweep away almost The en-
tire code of laws made for the protection of
life, property, reputation, and morals.
2. 1t is urged that certain portions of the
act in question violate the 23d section of the
first article of the constitution, which pro-
vides that The General Assembly shall not
grant to any citizen. or class Of citizens. priv
iieges or imnunl1ies which. upon the same
terms, shall not equally belong TO all citi-
Kens."
We see nothing whatever in this objection.
And if we had not heard it urged in oral argu-
ment, we would find it difficult to guess to
what part of the statute it was intended to ap-
plv. But by that means we learn that the ohjec-
ton is supposed to lie against the 4.h and 5th
sections of the act
The 4th section provides for licenses to
manufacture spirituous and other intoxicating
liquors 1t provides that persons licensed
shall manufacture and sell only at a designated
place, and to designated agents. l: requires
a bond from the person licensed. ltprovides
that persons engaged in such manufacture at
the time of the passage Of the act. or any
other act touching the sale Of intoxicating liq-
uors Certainly, il is difficult to see how
these provisions grant to any citizen, or
class of citizens, privileges or lmulunitieS
which. upon the same terms do mo- equal
lv belong TO all citizens" The terms are
these The applicant must not have violated
the liquor laws-he must give bond-he must
not violate the bond: these are terms alike to
all men But It Is said preference is given TO
those who were manufacturers when the act
passed. We answer that. too, Is one of the
terms. Ii the act gave to some such manu-
facturers the preference and denied the priyi-
lege 10 Others. there would be something IL the
objection when applied to proper case. But
under this section all who Were manufacturers
at the time when the act was passed. share
alike II will not do to say that i. is impossi.
bic for all cilzeas to enjoy the privilege, be-
cause they were not all manufacturers when
the act passed That impossibli,y is created
by their own conduct. Ii law provided,
that whoever would deposit state bonds with
the state auditor to tie amount of 100000
dollars. may establish a free bank it would
be valid law. But il would not be possible for
all men so TO do; for every man coui not raise
the bonds-either because he would be too
poor. or because there would not be bonds
enough in the world to supply SO many men.
Yet every man would be entitled TO the same
privilege "upon the same terms
The 5th section of the act provides for tire
appointment OF agents 10 sell liquors for GER
tain specific purposes 1t torblds the ap-
pointment TO such agency Of the keepers o:
inns. public eating houses. boarding houses.
groceries, oyster shops, fruit stores, bar rooms,
confectionares. museums, theatres, and all
placeSSf public entertainment public re-
sort; nor does il permit such agency 10 any of
fcer or servant of any water craft. The de-
, sign of this provision IS too obvious 10 need
remark, and TOO good for any reasonable OBJ
lection. Yet the exclusion of the persons
above enumerated is said 10 be a grant of a
peculiar privileges to others, and therefore
unconstitutional The terms of Qualification
Tor this agency are that the applicant shall
not follow any of the above named occupa-
tons. BY these terms every citizen in the
State is bound. And on compliance with
1.-The same terms" the privilege equally be.
1 longs TO all citizens"
/ 5, Its objected that portion of this stat
4 ute is in violation of the 25.h section Of the
constitution. which declares that mo law
shall be passed. the taking effect of which
shall BE- made to depend upon any authority,
except provided in this constitution
} This objection is brought to bear on on.
cord. as it occurs twice in the statute. That
word is may. The County Commission
ers may give to sny person" a license e
n,anutacture.-"The County Commissioners
a, any meeting Of their Board, my appoint
agents to sell.