Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-01-03
op,,,ox~or yUDcE p.nNrNs.

RoderIck Beebe sued out, from the Marion
Common Pleas, a witt of hateas pTPus to obtain
deliverance from Imprisonment in the county
iall. The sheriff, being jailor, made return 20
the writ that he held said Beebe in custody by
virtue of mitimuses to him directed by the Mayor
of Indianapolis, reciting that said Beebe had
been committed aud fined under the provisions
of the act TO prohibit the manufacture and sale,
except, dc, of intoxicating liquors, passed by
the Legislature Of 1855. approved on the 10th of
February, and published in all the counties of
the State on the nth of May, and appointed to
take effect on the 18th OF June, Of that year. and
had not paid or Tepleyied the fine, DC.
The alleged offences were shown To have been
committed after The 18th Of June.
Upon tins return Beebe moved the Court to
discharge him from custody, but the colrt over
ruled the motion. The ground Of theAmotion,
as stated. was that the liquor act Of 1855 was
unconstitutional and therefore void that a
conviction under it was. consequently invalid;
and that. "a the facts OF The case appeared upon
the face of the return. it showed that Beebe was
illegally restrained OF his liberty.
Counsel on both sides, concede ia argument
thar The record presents the question OF the va
lidity &C, at least, what is alleged To be the pro-
hibitory portion of said liquor act. and that
question will. therefore. without inquiry upon
the point. be considered.
We approach X with THE c.uiinn and so
licitnde it, nature is calculated 10 inspire. and
that intention of careful investigator its i'm
~portance demands. feeling that the Cs1sPqurnccs
of the principles we are about TO assert, will
not be confined, in their operation. To this case
alone. Preliminary TO the discussion of the
main questions involved. however, the course of
argument OF counsel requires that we should
say a word by way of fairly setting forth the
duty this court has 10 perform in the premises,
viz: the simply declaring the constitntionality
nr nafif nf lnuu ali .I the laW with an -
signment OF the reasons upon which the decla-
ration Is based.
IL will not be for us To enquire whether il be
a good or bad law. in the abstract. unless the
fact. as il might turn out to be, should become
of some consequence ia determining a doubtful
point on the main question. Ii not unire-
quently becomes the duty of courts Ia enforce
inludicious acts of the Legislature because they
are constitutional, and Ia strike down such as,
at first view, appear To be ludicious, because
they are in conflict with the constitution.
With these remarks. we proceed 10 the ex
animation of the feature of the liquor act OF
1855 now more especially presented 10 the
court. We shall not spend time upon the en-
quiry whether, on the day it came into force,
there were existing unsold manufactured pro
ducts in the hands of the d~istillers and brew
era upon which it operated, rendering them
yalneless. or whether such lroducts had all
Ot'h hloIONtd VI NhG o 1900
taking effect of the law. We shall direct our
investigation to the character of its operation
upon the future manufacture, sale and con
sumption of intoxicating liquors. And,
LIST. Is il prohibitory
The first section enacts that no person shall
manufacture, keep for sale, ar sell any "ale.
porter, malt beer, lager beer, cider" wine, dc,
The second section permits the manufacture
aud sale of cider and wine under certain re
| Sfrirfinuc Ia any and all at The citizens al the
State.
Other sections permit the manufacture OF
whisky, ale, dc. by persons licensed for the
purpose. so far as may be necessary to supply
whatever demand certain persons, called county
agents. may make upon them. These agents
are authorized 10 sell for medicinal, mechanical.
chemical and sacramental uses, and no Other, and
may procure their liquors of the licensed man
ufacturers, but are not required tn do SO, and,
as matter of fact. do not, but Obtain them. in
most cases, from abroad. They constitute no
part OF the people engaged III business on Their
own account, but are appointed under the law
by the County Commissioners supplied with
funds from the county treasury; paid a com
pensation Tor their services by the county: sell
at prices fixed fOr them, and make the profits
and losses Of the business for the public treas
ury and not for themselves. We say they are
furnished with public funds. They are 80 in
all eases. for when they, i'm the FIRST instance,
invest their own, 1t is by way of loan 10 the
county at n fixed rate of interest. and the
amount Is refunded by the eoapsr -~-t1fr-rcst
These selling agents, then. are, aud TOT con-
venienee, may be denominated government
agents: for it Is all one in principle whether
the government creates and furnishes them with
funds through the medium of the counties, or
appoints them directly by statute and supplies
them with funds from the State treasury. To
express, then, the substance of the main pro-
visions of the law, they may be pasaphrased
thus:
Be it enacted; LIST That the trade and bust
ness OF manufacturing whisky, all. porter. aud
beer, now anil heretofore carried on ,n:his State,
shall cease; except that any person speoially
licensed to manufacture for medicine. &c. for
the government, may do 40, and sell "a that ex-
tent, hthe government should eonclade to buy
OF such person, but not Otherwise.
!. That no person IN this State sh5iIfei any
whisky, beer. ale or porter, unless the ale be
to an agent OF the government or by such agent
foI medicine, dc.
3. That no person in this State shalI drink
any whisky, beer, ale or porter. as a Der erage. I
and IN no instance except as a medicine.
il thus appears that the law absolutely for
bids the people Of The State 10 manu(aetnfe and
sell whisky. ale. porter. and beer for use as a
OF, at all, except for the govesnpent. To
sold by it for medicine, dc: aud il pphibits
absolutely the use Of those articles bSde pee
pie as a beverage.
The exception as to the admission n Foreign
liquors under the constitution and laws of the
onited States, Will not be noticed. for ihe rra.
son that they ATE admitted simply hecanse they
cannot be prohibited and not ia accordance 18th
the spirit and policy of the State statute: and
which foreign liquors may or may notbe Oh
tanned here according 10 the contingent action
Of OTHER powers; and for the further reason. that
heir adInlsson. If claimed to be a part Of the
object and policy of the State liqnor law. in or
der to supply the people with liquor as a bev-
erage' renders the law doubly objectionable. for,
while, according to such a view. the waesigss
10 permit the use-of liquors "a a beverage, il
the people from manufacturing for
heir own use. 1t is az il the Law we're { at the