Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-01-25

the right Of an individual may BE-, III
!. .till In The nature Of that right that
II must bear portion Of the public
burdens. and that portion mua b de-
irminsd BY fhs Legislature. This Vi.
sal power may b. abusedl bat tho con.
ssi,usien Of the United States was not
intsndsd 70 furnish Il'e correction Of
every abuse Of power which may be
committed by the State governments.
The intrinsic wisdom and justice OF
tho representative body. and lie rsla'
tons with Ia constituents. furnish tho
only security, when there Is no ex.
press contract against unjust OF OK
cessiye taxation. as well a. against I'M
wise legislation generally" The
Providence Bank y Billings, 4 Pc
fcrs. 5l4. ~ m l4
TO distinguish between q police
power aud q desposic power. u. mos
certainly novelty, Il is mere
dodge; an effort TO escape dilemma
bya play upon words. What !. q
police power? II Is simply such au-
thority Of municipal character. as
provides for the safety. health, and
order Of a community. and the secu-
rity Of the property Of its individual
members. It may be exercised DIES.
politically quite As we'll as any other
kind Of power. Il Is just that species
Of authority, which 10 Iarge cities. is
more generally converted into tyranny
than any other. Don't be deIuded
by words.
And let US give one instance 10
show thasJudge Reid is wrong in his
estimate Of the character Of previous
Legislation Of clearly prohibiiory ma
ture. Let US show that il was not
local merely, and did not pass unno-
ticed. One instance out Of many will
suffice. The Revised Statute Of 1898.
p. 583. after clothing Che county
boards with authority to license per-
sons TO retail spirituous liquors, has
this languages: "Provided, that no H.
cense shall be granted to any person
residing within any town or township.
where majority Of the freeholders
in such town or township. shall re-
monstrate against the granting Of the
same This exclusion was general.
and could have been adopted over
the whole State. had the people in
each township so demonstrated.
Besides. this slow and silent usurp-
alton Of power by the Legislature, did
not pass unnoticed. In November.
1910, when the Supreme Court was
composed of Isaac Blackford. Charles
Dewey, and jeremiah Sullivan, this
very section was brought 10 their no.
tee. in an appeal from this county,
in Woods ct al D. Pratt. 8 Blkfd, ST..
The court declares 1.-THE object Of the
law to protect the public morals. and
preserve the peace and quiet of socie-
ty Being designed for the public
good, il should be so construed as to
promote it." And it was decided
that the law should be enforced,
and thai a remonstrance should be
sustained, which prayed for the sup
preston of retailing for three years.
4 The other gound, that we are in
sisting on kind Of legislation
that knocks the manhood of man" in
the heads rather too much after the
style Of Judge Perkins for us to get
down to. The manhood Of man.
is sometimes very devilish species Of
manhood. and it requires judges, ju-
rors. sheriffs. penal laws, jails, peni-
tentiaries and the hangman's rope. to
keep it in due subsection. 1t WILL GO
about with concealed wea pens, with
obscene books, with counterf mo-
ney;it commits assaults. rapes, arsons,
murders; it goes out on fillibuster ex-
petitions. it pipe-lays, commits PERU
ry, CANDLES, sells lottery tickets, and
steals. What shall we do with it?-
Sad probleml Nothing has been de.
yised so far by the wit Of man better
than to run down this erring man
: hood, catch it, imprison, and, If neet
be, hang it; all which seems to US &c
be sad attack on the manhood o.
) man." While all this is going on
under the forms Of law, to the salts
7 faction Of the Supreme and Common
Pleas Courts of the State Of Indiana
; the filthy wretch who covets his neigh
boris goods, and for the sake of then
furnishes him with the saddest ele
4 ment of physical and moral destruc
ton, is TO be regarded emphaticall.
as contributing his quota towards tn
n manhood Of man" The reprobat
n husband and father, who squander
: everything in his reach, upon drink
; neglects, or worse, beats his family
i outrages society, and either finds hi
: way to the penitentiary or the poo
/ house. is only following out his judi
8 cially recognised instincts, and ful6ll
Il his destiny by attaining the "manhoo'
e Of man." k niil yf-,4y ~
n We disclaim any intention Of injus
:, tice, and do not mean to reflect upo
:: Judge Reid by anything we have wri
re ten; but 1t is to us quite incompreher
le sible how any man of sound sense. az