Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1859-03-09

TAG IAeihSi IAt
Gentlemen ~ the House Of Rsp,ssenfefiresf
have received. for my approval. bal
which has passed both HoHses Of the General
Assembly entitled An act e. lieehce. regulate
and restrain the acts of srrituons vinerS
malt and intoxicating liquors. - prevent
drunkennsss aud cfime--to Tspeal all iarpel
laws conflicting with the provisions of thi-
act, aud pfeserlbing penalties for vieiation'
theFenf"
There hes been. and still l.. An earnest Dc.
ere emong the people OF The State, that the
Law should regulate and control the trade ~
srirtrns, vinou~. malt and intoxicating Il
quors. What that l.w shoall ba has been the
subject oi discussion for seyefal yeArs. The
iuq airy. has lceb Instituted 10 learn 10 ~hai
exieht the Legislature has The power 10 pro.
hibii or regulate The tfs.7. he oupfsnie
Court, the highest tribunal sstaU.,fbed 90 To-
diana. 10 consirue ihe Constitution, has dfci
ded that he Legislature cannot prohibit 10
trnde, but they have the power. IN my opin
ion. ~ establish rules AID regulations bV
whicb those Engaged in IL shail 10 goverrsd
| aa, confident that the people Of the state are
desroas that Il should be- regulated by law.
ard ! regret that am unable To approve the
hill presented for my consideration. There
are provisions ia il v hieh cauuot be executed
under orr existing Consii. utlon, aud regard
II as useless and injurious 10 enacl laws which
cahn"t be sustained Every such las creates
q fiieultIes and subjects citizens 10 great *
pence The bill provides bat the Commis
soners Of each county shall require OF every
y bite male inhabitant before be- engages In The
trade, 60 pay annually not less than twenty
nor more than one thousand dollars.
Section ~ Of article 4 Of the Constitution
declares that the General Assembly shall not
pass local or special laws ia relation TO fees Or
salaries. or for supporting common schools
and section % of the same article. that "a sli
cases where a general law can be made epPii-
cable. all laws shall be genera! aud ofunifofm
operation throughout the State.
Cana law bc snstsned which would enable
the Legislator, 10 designate the Individuals IN
each county who should be authorized TO en-
gage in a alegal traffic and require one Of those
individuals To pay for the privilege thus grant
cd a higher price than is demanded oi auoth-
erg l. there poxer 10 compel by law ous
farmer to pay for the privilege Of cultivating
his Own soil one price, and require of another
who oulliyaics his, higher price Can I
merchant, physician, 'nechaaic or lawyer b
charged for the privilege OF cisposing ofprop
eity, engaging in bis labor-, or practising h''
p o.essiosr more than any individual engage'
IN similar business il required 10 Tay >
| And if the Legislature could lot te authorized
to ihns discriminate between tbD-e who ar'
tengaged IN trade or business which canno
be prohibited by law can such power be con
| f.rred upon the Commissioners of the county
/ But even If the Legislature the County
Commissioners had this power 10 decide wht
should and who should not pursue legal oc
cupat:on IN any one eoaniy, would they have
the right to say that the cilizens of one coun
~ should be required to pay more than ihs
citizens of another for carrying on 4 lagiti
mate busincsss am satisfied there is uolh
| ing which aaihoriz' the Leg stature 10 max,
such discrimination, and that 90 power xist.
. confer upon the Commissioners Of the va
rioas counties such suihoritv.
The bill declares the amount demanded FOL
a license fse If 10, the I'D section before al
iuded 10 requires that every man who desire.
the privilege Of engaging in The liquor tsaf,i,
should pay the same. II The amount paid j. I,
4 be regarded IA the nature OF a tax, then At mus
be uniform No such uniformity can exis
where one individual IS taxed more than an
other for the privilege % engaging in par
licuiar business Bat II can be made uniform
Whenever All those engaged in the same EN-
ploym yment hall he required TO pay proportion
ably upon either the amount of labor done
capital employed. or profits derived.
/ he money derived from this fee or tax l. /,
\ be applied 10 the supp.rt of common school :
lu Las beeu held AID think fightfully, tha
all taxes lev!ed Tor the support Of commol
schools should o. uniform.
4 The people Of the State have adopted th'
Coz stiirliou They have hitherto mainlaine,
and supported II II there are trrors in 1t
proyi, ons they are alone authorized TO amen'
~ corre,t them But - long a. they contin
ue H. a the ohsri To guide the course OF ihos
who are entrusted With the care OF its execu
ition. II should be regarded ~ al conirollin,
and a. the highest law They created lt a.
lsh ield 10 protect them against encroachmeut
upon their rights and liberties | hold Il
Therefore TO be the duty of every public off
Ger 10 hold il rp until they themselves ar
"a ding 10 take ID down.
! r,tusn the Ill with these my objection
fof vour cocsideqs'ion. I shall mos; cheerful
" unite with ,ou in he enactment o. any la'
which eau Legally be enforced coniro.iim
and regulating The trade.
ASHBEL 2 WILLARD