The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-02-16
The New Charter and License.

In my communication IN yesterdays Jour-
nal, Il noticed one Of tho argu nents used by {
the friends Of the New Charter--tha. In ref u
erence to annexing enlargements.- Tlrerc il
another alleged advantage which the oppo- t
nents Of the Old Charter -eem to think may
be derived from the adoption Of the Now c
Charter, and that Is that 1t coniers the pow
er to tax drinking saloons and grog shops.
and that the revenue derived from this source :
m ay be appropriated to the support Of our
Free SCHOOL,; and they also say that part
Of the one per cent. which the City Council
is authorized to levy for general purposes
may be devoted to maintaine our Schools.
Let us see what force .here IL m these prop
ositions so loudly proclaimed on the street
corners. The Act of 1855, upon which the
Supreme Court has recently passed its decis-
ion, authorized cities in express terms to levy
and collect tax for the support Of common
schools; this act the Supreme Court decided
to be unconstitutional. And the Court also
decided that the common SCHOOL, could only
be supported by taxation levied by the Leg
islature itself, and that the Legislature had |
pO"CI w Lc ClSiCS w lCNy luAcs III |
aid Of common schools. Now even granting |
that tie Council, under the New Charter,
might tax groceries. yet they cannot, after
they have collected the tax. appropriate it to
an illegal purpose; and the Supreme Court
has said that common schools can he sup
ported only by State taxation; consequently
the appropriation of the liquor tax, any
part Of the one per cent. ad valorem, to corf-
mon schools would be without authority OF
law, and nigh be enjoined. In matter Of
such vital importance as tho adoption Of u
new charter, it is the duty OF all honest citi-
zens to acid the ptrrsrsion If facts. Let us
understand the tue bearings of the decision
Of the Court before We advance such unwar-
ranted propositions as are asserted by the
friends of the New Charter.
But is it. certain that tie New Charter gives
the authority to tax or license the retail traf-
, ne in intoxicating liquors9 The only pro-
vision on ;lat subject gives the power Ito
regulate all inns, taverns, or other places
used or kept for public entertainment: also
all shops or other places kept for the sale Of
5 articles to be used in and upon the prem
/. ises." Now the question is, does the power
I to regulate an inn or tavern reasonably i'm
ply power to tax or license il! The word
= regulate is used in several o her places in the
Charter, and its Use IN other places may
throw some light on it's meaning in the above
: quotation. Thus in Specification of Sec
!. ton IS the power is given "to prevent or
regulate he uso of firearms. fireworks, or
other sports. or othe- things or practices
tending N cndanger persons or property "
ould any person pretend that this power
Z TO prevent or regulate" would give the pow
Of err to tar and license the use of firearms and
e frewcrksi Again the power is given to reg
n ulats all 5ridges culrets. serers &c. Doe.
this confer the right To license or tar bridges
: culrerts. and ssrsrsf Again, power is given
x to regu1ats the ealing, ,csiqAinr, and meas
q uring IF hay. ,cocd. and coal and ctSer drsi-
It eles PrAars this gives the power to icens,
=. and tar tie selling of hay. and other articles
:, and perhaps rhisiy would come under thu
phrase etder articles. There is, however. an
y other clause in the New Charter, which seem,
Of to indicate that a power to regulate thns
y does not give power to tar or license it. Tn,
ii power alluded to reads: s'to regulate ant
49, restrain all theatrical and other exhibition,
:. and public shows, for which money is de
manded or received; and, l. deemed expedi
D ent, to prohibit the came without Items
=, being first obtained therefor" Now thi
q clause gives the power to regulate tleatrica
&c exhibitions &C., but it does not atop there; i
in ex3ress terms confers also the power to II
y did not intend that the power to regulat
is should include the power to license.
re But il this power to license the traffic il
n liquor is right aud desirable, can we not oh
. tain this power also, in the manner in yhc!
suggested yesterday by "a general law, con
ferrng the right upon all .he cities IN tn
STATED To say the most i'm favor Of the clans
G. in the New Charter on the subject of licens
r.. ing groceries; it 10 at best doubtful and with
&c Supreme Court; which stands ready, as IL
20 jealous champion of "free whisky" to brea
!, down all the restraints on its uncontrolle,
sale. can We hore for any favor from tl lie
~ no friend of temperance be deceived by sue
III ill-grounded expectations. If we can com
O. bat intcmperanee in no other way, We hav
n one very effective means in the Old Charte
se ny the maintenance Of our system of Ere
Of Schools. Let US not be deceived BY doubtful
advantages and uncertain powers. when W
are in possession of valuable and inestima
bls CHARTERED RIGHTS.