The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-04

Debate ON the Liquor Bill In the Michigan
House OF Representatives.

kW pr0vlue8 LlaL no p6fbOu buh4t 10 uoohAou nevu
II acquire any legal property in such liquors intead
I'd to be sold in violation OF law, or In any casks, or
vessels containing them; but the same shall be
deemed a public nuisance, and the person Keeping
Ina sams may bs proceeded against as in other
oases OF nuisance; ADD, IN addition to his liability
"a for A nuisance, sueh person shall be held liable 10
forfeit. snd pay ths sum of twenty i've dollars, with
costs OF prosecution, for every such offence, aud
such liquors 80 kept for sale, and any casks or yes
sells containing the same, shall be forfeited. The
forfeiture under this section shall be recovered In
be same manner as tnoss under sections 3 aud 4 OF
his act, provided thai the same shall have been
leized under 8 warr ant for the purpose, aud pro-
hded. further, that NO person shall be punished as
or O nuisance, and also proceeded against for such
~orfsiture for the same offence.
Mr.. PARSONS moved to strike out the 9Th section.
hr. P. said he would cons der i! eatirely iaeffe ,tual
for the purpose contemplated. L. dec aced spirit
nous -iquoxs q nuisance. Bat did II do IL? We cannot
(said Mr. P) make any 9hing 10 Law wat IL Is no,
in fact. Spirituo Is liquors are not IN themselves a
nuisance, aud are not 30 considered in other parts
OF the bill: for instance, druggists are all owed to
sell them for MEDICAL aud mechanical purposes. We
can only say, Ia fact, that the abuse Of spirituous
fiquoss - q nuisance, and it IL tue remedy for the
abuse which ! suppose II is sne object OF t1is bill to
effect. !.
Mr.. LtrrLEJoHN said he desired the privilege Of
assigning the reasons Ehicn influenced him Ia sup
porting the motion 20 strike on, the sixth section
Of the bill. BY other sections OF the bill persons
are allowed to manutactur re the alcohol of com nerce,
and sell is to druggists within tue STATE, giviag
bonds, &c. Duggls 8 are allowed ID sell t1e same
for vanoas purposss-for medicines an for sacred
uses; and yet by this seciio b)tl manufacture r
and seller are declared inc spable of acquiring any
legal property or ownership in the same, If it be
intended for sale in violation Of Law. That Ia to
the present intent decides tie question Of
ownership, however proper the motive for manu-.
featuring or purchasing in the first instance. Bat
again, the very article allowed TO be kept,
sold and distributed for mechanical, medicinal, aad
scientific purposes, yea, for the most sacred our
p0aes, is here pronounced q nuisance-a public
nuisance-as though the simple change Of name
by legislative act could convers a Hseful agent int,
o public nuisance! And how is the nature Of the
article 80 suddenly changed? Simply By the intent
Of the owner TO sell II in violation of the Law. By
some mysterious analysis or combination In the
chemistry OF intent and motive, the pure alcohol Of
commerce becomes a loatns0me, Presidential mass OF
corruption public nuisance! The bare PROPOSE
ZION involves q gross aosurdity. Characterize the
intent to violate the law q n-uisance-proclaim t 70
abuse of the article o nuisance-yea, the use of .
single drop as a beverage, o nuisance, 10 view of
the desolation and ruin that may result, and / shall
be content. Touch not, taste NOT, handle not the
win be suddenly aSated. The exercise Of plain
common sense seems quite desirable Ia legislating
upon this importan. subje3s.
Mr.. Parsons motion to strike oct was lost.
Mr.. STRAEG moved to strike out Of line five, sec
ton 8, the words, son she part Of the people" Mr..
s. said he believed It was the rule Of the conssitu-
ton that all men should be equal before the Law;
and IL we ore to make aLl men equal, we are to give
the man accused the asme right we do the accuse YER.
II would bs attended with great regret if in this bill
measures OF an uncoE ssitutional character were re-
taiIed. There we're certain rights given to one party
in this session that we're NOT given o the ether,
which he proposed 20 remedy by the amendment.
The amendment was adopted.
Mr., LrTTLEJoHN moved 70 strike out section Ii.
Mr. GREGORY hoped the friends OF the bill would
not consent to have that section struck out.
Mr.. CHAPEL moved 60 strike out of the section
tha wcrla ttfha InrA'a Snnnar - end ;naort ufha
Fourth ct july Mr.. G. sad: ] offer this amend.
ment, Mr.. Speaker, because this House have refused
to strike cut section elk, and have also refused to
strike out that clause which describes liqu Ora Of all
descriptions as q nuissn3e and bold idto be Sac
tilege to retain Q nuisance at the celebration OF
'the Lends Supper l hope the good sense of the
House viii zee the Improperly OF allowing an ar.
acaea which they designate in 9 preceding, section
as q nuisance, TO be used az the table of the Lord.
For myself, l do not believe IL - be a nuisance. /
believe VINE to be as harmless as water; but IL IL il
q Iuissnce, / hsve too much respect FOR religion TO
believe in its use ia one of cur most sacred or
dibaI ces-N IL Ia . nuisance, IL should bs|prolibited
in the eaorament Of "tke Lords supper" II this
House refuse 70 strike out, 1t will be another proof
ofthe iasanity OF the age. !.
The motion did not prevail.
Mr.. BTRANa moved 60 strike out the words "for
TIE ceit brstion OF the Lords Supper aud inser!
"f0r EscreEDental PURPOSES" which was adopted.
TIE question recurring on the motion TO strike out
be section,
MT LIrTLEJoHN said, Mr.. Spesker-Upon the
motion TO strike out section Is OF the bill, i desire
to be heard by the House for q few moments. | sm
aware that by q certain circle OF gentlemen wno
claim TO have tNis measure in their especial keeping.
l may be deemed an intruder. Still, as ] am not
aware Of their ability TO re GIVE me from the re.
spcnsibilty OF a vote upon the measure, ] must chal-
lenge the right Of being heard whilst simply
assigning the leasons which inducsd me to make
the motion. The constitution, art. 4, ssc. Al, pro.
vides that " The Legislature shal! not lass any act
autntrizibg the grant o~llieenss fo- the sale Of ardent
spirits or OF. or intoxicating liqaors.' Under the
existing law every. person may sell. BY the pre-
cecii Q sections Of this bill, no pefson shall manu-
factufe or sell. Vendors Of drugs and medicines,
upon executing a boEd with %sureties, aud upon Ger.
tain conditions therein expressed, are permitted to
sell in sny quantity, TO the ex3lnsi n OF all other
persons, BY tie provisions Of the section now uuder
consideration. Much as ] mag regret the inhibition
of any license under the sc ton OF the constitution
to which / have alluded, stu, whilst that c~onstitu-
tiors inhibition exists, ] am bGund to respect
it, and as ! regard tie provisions Of section Ii OF
the bill as constituting a i~s.nse, | must vote sysips.
IL. Il, can be REGARDED IL no other light than as
granting an exclusive p iviisge TO q Ger an class,
not eIjoyed by others. 10 has sli the foecs aud
eHe ct Of a license under The old system, only dit.
ferent IN not requiring fees, and thus becoming a
souIce Of Of reven1e. Here you allow the druggist,
without respec, to bis rapaciry, integrity, honesty,
or mo al purity, to execute a bond with %sureties, TO
sell amost broadcast what you hsye previously de.
clared to bea nuisance, and when arraigued, to plead
the bond in Justification. Gentlemen may BE- a,tiny
from the best of m ot'ves ia endeavoring 10 arrest a
growing evil in the land; but they will find that
neither evasion nor subterfuge can overc 1me the
COZ ~stitution. We can neisser overlap, undermine,
nor cu,6ank the provisions OF that instrumsDt.
While II stands, we must legislats in a;cordau %
with its N quirements. Although may bs thrust
aside, and stand outside Of the circle OF those who
claim TO be the specil friec de Of q prohibitory liquor
law, stirl they viii find ms Wiling 10 advances with
them step by step, Ia any AID every legitimate mea.
sure for arresiing and ultimately excluding the evils
Of intemperance from the 5tste.
Mr.. 6rRAsa-I aish TO call the a.ts1tion OF the
House for q few moments. j; IL with the utmost
reluctance ! diffe: from my friend from Aliegan.
Were | not supported In my opinion by meu far
above me--fsrther than | expec. to resch-f should
not pitch my opinion against a gentleman 40 well
informed Ia law. There Is q diff ,rense bstvesn tbs
provisions Of this section and a le0a! construction
OF q license under the c institution. There Is q
wide difference. Ss,tion IL does not a1tb rise the
granting Of LICENSES. The provision Of the const'-