Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-01-03

IN this case The legislature has overstepped IL,
and Invaded the constitutional right Of the cit
Izeii. Tins II all we can now be required la
do. The judicial mind must place each case a.
II arises, upon the proper side of the boundary
admitted 10 exist This viii he its duty, and
no more. such has been the practice.
We have said that We should treat the oues.
ton Of the right Of he Court to Judge Of The
grounds OF a law ailedged 10 infringe c~onstitu
tional restrictions, as one of authority. We will,
however, add the remark that the Court knows.
aud Is capable Of Judieially asserting The fact.
that the use Of beer. DC, as a beverage = moi
necessarily huuiul, any more than the ure OF
lemonade Or ice-cream. II j. the abuse. and not
the use Of all these beverages, that j. huuful.
But The Legislature enacted the law ia question.
upon the assumption ulat the manufacture aud
sale ot beer. dc were necessarily destructive
To tie community; aud, IN acting upon that as
sumption, has, IA our Judgment. unwarraAtabiy
invaded the right - private property. and H.
use ~ a beverage and article Of traffic.
What harm. NC ask, does the mere manulae-
turc, or sale, or temperate use, Of beer do L.
any Oney And The manufacturer or seller does
NOT necessarily know what use Is 10 be made.
by The purchaser, q the article. II may be
a proper one. And II an improper one. Il IA not
the fault Of the manufacturer OF seller. hutitiS
thus Appropriated by the voluntary act Of An
other person, and by Ii own wrong And will
the general principle be asserted that. 10 prevent
uhe abuse of useful things. government shall az
suine The dispensation of them 10 all The ciu
ens-put them all under guardianship
FIRE arms and gun powder are not m~anufac-
iured aud sold to shoot innocen. persons with,
but are often - rnisapplied. Axes are not made
ami sold 10 break heads with, hut are Often used
Tor that purpose IN the hands 1t murderer.
Bread - MOI made IL make glutioas with. but j.
r perverted Ia that use. Razors are not made 10
cut thrOats With, bat are applied IN that way Ny
the suicide. The Almighty did not create lists
l 10 knock people down with. but they are often
. pul Ia thai use, aud Sill he permits men 10 be
born with fists. Yet who. for all tbs. has ever
; cOnIcisded that the manufacture and sale. - far
as they are susceptible Of II, II those articles
j should be prohibited as being nuisancesz Or lie
4 monopolized by the governmenfS The nsanE
2 laciure and sale and use Of liquors are not ne
: c~essarily huuful. aud this the court has n right
! 10 iudicially inquire infO and act upon In de
q Gliding upon the validity Of the law IA question
in deciding, a. was done in Bronson o. Nc.
u kinzie. supra. whether ia - an indirect inva-
. sion OF a right secured 10 the citizen by the con
a %stitution. This question the count mus. decide.
e and 1t must. therefore. IN some manner satisfy
is Judgment and conscience upon IL. 5 Hill
~. y l2l. and cases cited.
u The act Is not one TO prohibit or punish drunk.
enness. or any abuse 81 liquors. Were IL. q
different question might I've presentd-oHe
, however. ON which vo here intimate no opinion
= AS il is not before us. When a case shall sriss
u calling for q decision as to the extent OF the
power OF the Legislators TO regulate without pro
! hibiting, We shall be prepared 10 make that
decision according 90 the best Of our judgment
Il The restrictions which We have examined
= upon the Legislative power OF the State were al
% ssTied IN the constitution to protect the minority
d from the oppression Of the nai0rity-and al
: from the usurpstion Of the Legislature. the mem
bers of which. under our plurality system Of
elections, may be returned by y minority Of ths
people. They should. therefore, be faithfully
= maintained. They are the main safe guards &c
: the persons aud property Of the State They
; will DO maintained ia go far "a depends upor
, as, Notwithstanding the intimstiOn al the srgu
. ment that whatsoever interpOsed an obstruction
: 10 the free course Of this law was To be swepl
away by an overwhelming torrent. We shall
4 he deferred by Do such III timed threat from
what we believe to be the discharge Of a solemn
n duty.
ltis easy 90 see that when the people ar
smsrting under losses from deprecated bani
" paper, feeling might be aroused that would
8 under our plurality system, return a majority &
{ the Legislature, which would declare all bank
a nuisance, confscsie their paper add tn
buildings from which az issues.
So with Railroads. when repeated wholesale
n murders are pcrpetrated by some Of them. And
I" in Grest Britain and France. we have examples
0f the cOniiscation of the property Of tn
: churches even; which. here. the same eonsttu
= ton that protects the dealer in beer. woul,
render safe from invasion by the Legislative
power.
Ina our opinisn. for the reasons above given
the liquor act Of le55 - VOID. We express M
: opinion upon a single seeion cf the act. a.
ia the view We have taken Of rs general scope
: u is unnecessary. We think the Judgment iselov
" should be reversed aud the prisoner DIS
: charged.