Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-12-19


happen by a multiplicity ofpnblic houses
shall in future keep any public inn or
tavern, ale house or dram shop, or pub
lie house of entertainment in any
county, town or place, within this terri
tory, unless such person or persons
shall first obtain permission or license
from the Court of Common Pleas, |
which shall continue for one year and |
no longer"
1t was provided that no person II
censed as aforesaid shall knowingly suf. |
fer any disorder, as drunkenness, or un-
lawful games, under the penalty of FIVE |
dollars for the first offence, to be sup
pressed by the judges of the several
courts.
A bond was required to be given to
the Governor of the territory, that the
person so receiving license would al
ways be Of good behavior, and observe
all laws, ordinances, &c. By the sixth
section of the act it was declared, "That
no person or persons, other than such, 4
as are, or shall be, qualified go TO do by.
the law, shall presume, under any color
or pretence. to sell, barter with, or de-
liver any wine, rum, brandy, or other
spirits, or strong water, beer, cider, or
any mixed, or strong liquors, to be used,
or within his, her or their houses, yards
or sheds, or to be with his, her or their
knowledge, privity or consent, used or
drank in any shelters, places or woods
near or adjacent to them, by companies
of servants, slaves or others, nor to re75
Z fas rol 10
any rum, brandy, or other spirits, or
strong water, by less quantity or meas
ure than one quart, nor any beer, ale,
or cider by any quantity less than two
gallons, the same liquors being respec-
lively delivered to one person, and at
one time, and without any collision or
fraud, contrary to the true interest and
meaning of this Law every person Of.
Tending therein, shall pay fine Of
twelve dollars, on conviction By indiet-
ment, to the use of the proper county"
Laws of Indiana Territory, 1907, page
81. ri fAs}sA~)
An act was passed by the State Legis-
lature in the year 1918, prohibiting the
sale in less quantity than a quart at a
time, or at retail to be drank about the
premises of any spirituous or strong
liquors without license there lore. A
license was to be granted on application
by the Board of County Commissioners
provided the person SO applying shall
produce the certificate of twelve respect
able householders that such person was
of good moral character, and that it
would be for the benefit and convenience
Of travellers for such persons to be
licensed as aforesaid; provided, also,
that such person shall frat enter into
bond, with sufficient securities, Ito be
approved by the Com missioners,) in the
sum of $500, "a payable to the county
treasurer, that be or she would not per.
nit any gambling, rioting or disorderly
conduct in his or her house. No spiri-
tuous liquors could be sold &c minors,
apprentices or fservantsi without the
consent Of the parent or master. A sale
upon credit to an amount exceeding five
dollars in value could not beie0llected.
Laws of 1917, p. 296, .fgarfI
In the law passed in the year 1925,
the certificate Of good moral character
required of the applicant for license was
to be signed by twenty-four respectable
freeholders, inhabitants of the town or
, |
al aVerment that the granting of the
license "would be conducive to the
public good"
Thisasame spirit continued to pervade
our legislation, and in 1853 an act was
passed requiring the consent Of ma.
Ejority of the legal voters of the township
before a license to sell Intoxicating
liquors could be issued.
A bond was also required with secu
rites, and upon such bond suit could be
instituted BY the wife, child parent, OF
guardian, employe, or other person who
should be injured in person, property, Oh
means of support by any intoxicated
person, when the principal in the bond
has produced such intoxication. All
contracts entered into by any person
while in state of intoxication were de
clared voidable. A- Z A--.. w
Laws have also been passed prohibit
ing the sale of such liquors as bever
age in this State, In the. language Of
Perkins, Justice, in Beebee VS.. Thu
State, 6 Ind $40, "The Legislature en-.
acted the law in questions upon the as
sumption that the manufacture and sale
f of beer, etc., were necessarily destruc-
tive to the community.
The acts of 1853 and of 1855 were
held Unconstitutional by this Court, but
{ are nevertheless to be considered as in
dicating the policy of the law-makins
power in regard to the traffic in intoxi
eating liquors. In 1859 an act was
passed by the Legislature requiring g
license for the sale of intoxicating
liquor, and only to be issued to the ap
plicant upon his showing to the satisfac.
ton of the board of commissioners OIL
the county that he was a man of good
, moral character, and fit to be trusted
: with such license, and upon his giving
bond. This act prohibited the sale tC
minors and to persons in a state of in.
toxication, or to any person who was in
the habit of being intoxicated.
1t will be seen from this rapid review,
that it has not been the policy, either in
England, or in this country,gto encour
age the traffic in Intoxicating liquors
but that in this country the whole action
of the legislative power has been uni
formly to limit, restrict or absolutely
prohibit the traffic. With us from the
( time almost of our earliest territorial
, existence, to the present moment, tina
, policy has been pursued, and in the
opinion of the former Judges of this
| Court; the utmost verge of Legislative
+ power, was passed, in the vain attempt
, to prohibit the sale, In the light of such
a record, and, with the legislative enact
ment still standing unrepealed, and its
power unquestioned in this Court, would
! | it become US to declare that it was the
aattled noliev of this State To ennouraoe
, the traffic in Intoxicating liquors, and
protect it, that it might add to the wealth
of the State, or serve the convenience
/ of the public2 We are not placed here
, by the people to dictate policy to the
. Legislature, but to declare aud give
effect to the policy they may adopt, if
that policy does not clearly contravene
, the provisions of the Constitution.
The effect of the entire legislation
J upon the liquor traffic has been, not to
encourage persons to embark in the bust
) ness, bnt to hedge it,about, with restric-
lions and qualifications and overshadow
, il with pains and penalties. The whole
course of legislation on this subjec;
prevents any presumption being INDUCED
! that this traffic, ike other employments,
adds to the wealth Of the nation, or to
, the convenience of the public The act
? of 1881, Supra, clearly indicates that
the traffic was regarded as not eontrib-
uting to the good Of the public, for by
the terms Of the law, the business was
prohibited, and no license could be
, granted unlassithe applicant produced
"the certificate : of twelve respectable
householders, that such person was oi