The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-13
RICHMOND, WAYNE COUNTY. IND. DECEMBER la, 1855.

vate" as synonomous. He SAYS special and
private acts are rather exceptions than rules.
being those which operate upon particular
persons and private concerns. ] Blacks. Sc.
l. is true that in our State, the phrases '.local
laws and Especial laws" have been used
Econyertabiy And this may be their mean
! ing in the constitution. But whichever of
these definitions is right. is imnaterial to our
argument. Either OF them suits our purpose.
And since the objection that the statute under
investigation IS in some of its parts local and
special. IS mere assertion, we might content
ourselves with the counter assertion that no
part of the act is, in any Constitutional sense,
either local or special.
But the counsel for the appellant say that
under this act, there may, In some counties.
be agents TO sell intoxicating liquors, and
none in other counties; thatIn some counties.
consequently, man may be aDle 10 buy these
liquors. bui not in those otlef counTies; and
that therefore the law is not . daiform oper
alton throughout the Safe But the statute
contem mplates no such want Of uniformity
No such thing should be presumed. Rather,
It should be resumed that ali the County
Boards will do their duty; and We bave seen
that the appointment Of agefas Is imperative,
or at least a judicial duty. But suppose some
of these County Boards fail s do their du.y;
can that render the law VOID? Ii 50, every
breach Of law would annnl the law. Our
law provides for the election Ct divers officers;
but the people may fail TO elect some of those
officers; would that destroy the law? Upon
the reasoning of the appellants counsel, if in
some county nobody should ever commit a
crime our criminal laws never could operate
there; consequently the Criminal Code would
not be of uniform operation throughout the
State; and so the set concerning felonies and
misdemeanors would be unconstitutional
According to their reasoning, citizens land
especially officers) might render almost any
law unconstitutional by refusing TO obey and
enforce 1t IN particular localities. But the
constltutlonalltv Of law can never depend
on the obedience Of the people. Indeed, with
out disobedience there would be use in law;
for ssthe law was not made for righteous
man, but for the lawless and disobedient.'
1t is worthy of remark in this place, that
most of the hardships which the counsel for
appellant imagine must arise from the act for
the suppression of intemperance, can only be
the result of the misinterprctation of the law.
For example. they say that under this act
there might be no agent near from whom liq-
uor could be bough; III pressing case Of sick
ness; that the sale Of it, in such case, by any
other person. would violate the statute; and
that man might be dving.of cholera in tav-
ern, or other pubic house, and the owner
thereof could neither sell nor give him spirit
uous liquor without Liability to the penalties
of the law. The statute jvstihes no such con
ampns 1t ourht 10 be construed in view
OF It's Intent 10 suppress iftemperance. The
acts Of 1913, p. 919, forbade the retail of spi-
rits without license, and annexed no excop-
ton. Yet the Supreme Court held that the
sale of pint of spirits for medical use was
not in the intent and spirit of the law, and
therefore not forbidden by it. Donnel v.
The State, 2 Ind, r. 658.
6. The counsel for the appellant argue that
those portions of the act III question which
provide for the search, seizure, and destruc-
ton Of intoxicating liquors, are in violation of
the II .h section OF the FIRST article of our CON
stiJalion That section IS IS follows: The
right of the people to be secure in their per-
sons, houses, papers, and effects. -ainst IN
reaso enable search and seizure. shall not be
violated; and no warrant shallissue. but upon
probable case. supported by oath or af1irma-
ion, and particularly describing the place to
be searched, and the person or thing TO be
seized"
Upon this section, we observe Ia. '.slsrea-
scna5le search and seizure" are prohibited;
and that n all Q aees whera ws1r-a ; issue
commanding search or seizure, tkey must be
on oath or affirmation. and must particularly
describe the place 10 BE- searched, ard the
person or thing to be seized. Tie s4ction
las 10 reference a. all 10 the case OF seizure
by an officer ''on view" This has always
been allowed to peace officers without any
warrant or affidavit. For .hiriy-nine years,
,:le law of Indiana has required peace
officers. who happened 10 De present when
II, h,..o =, .f VIA Il.
offender without affidavit or warrant No,
body has ever complained Of tIla. law AaI
YET the person OF a nI.a is, II the eve Of the
law, as sacred as any proPary--eyen intoxica.
tin. liquor-can be. 1t is only, therefore,
where warrant issues tharthe person place,
or thing must be particularly described, and
that an affidayi; is required
II this view of the quesiin, let Ils now pro-
eeed to inquire whether thers is anything in
the Law for the suppression OF intemperance
counienancing an ..1EareGs0r r06fe search and
seizure or directing the isuinr OF war
rant without being ''supporrd by an oath Of
affirmation" or without .paticul4rlv desert
bing the place to BE- searcrer, and the person
or thing to be seized
So far as the issuing Of tht warrant without
oath or affirmation is concerted, it Is not pre-
tended that the statute authorizes any such
thing. Bat i. IS very remarkable that the op-
posing counsel, finding tht the statute re-
quires an affidavit in all ca=s where warrants
are directed to be issued, .ctuaIly obicct 10
the statute because it forbiS the warrant un-
less upon the affidavit of 'three persons Of
good moral character, resiants Of the coun-
typ This provision, mad to avoid The most
unreasonable and fiimsy objections to the law,
they torture into design O the part of the
Legislature TO authorize eospiraeies against
innocent liquor sellers, ii ..three persons
Of good moral character, residents Of the
county, would be nloEe likely to commit
perjury than one person wcsld be- This OBJ
lection we suppose the learled counsel for the
: u IL