The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1872-01-23

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these two qualifications viii DC our su'u''
but IL cannot be expected mat withlh 'he
li,ri,s Of a newspaper article, we should
e,,,i.b an argument which would cover
all the points embraced in the act under
review-larger space and more time would
be required TO do full Justice to the sub.
ject
This law is entitled "An act TO pro-
vide against the evils resulting from the
sale of intoxicating liquors in the state of
Illinois" and contains ten sections.
The first section provides for licensing
groceries to sell in any quantity or to give
away liquors, under bond, in the penal
sum Of three thousand dollars, with the
conditions, that all damages which may
be inflicted in person, property or means Of
support, by the selling or giving away
intoxicating liquors, may be recovered for
the use Of any person or persons who may
be injured by means Of the selling Of in
tox cating liquors by the person or
agent so obtaining the license. To this
section we see no particular objection, as
it only confirms, by statute, a principle
which has ever obtained under the COM
mon law, tina, every man is responsible for
the consequences Of his acts.
Section second prohibits: the sale to min
ors or to persons in the habit Of getting
intoxicated Perhaps there may arise
some difficulty in interpreting the latter
clause Of this section, as the legislature
makes no distinction between habit
which i. confirmed and one which is inter-
mittent-at least it is open TO legal inter-
probation.
Section third provides that all places
where liquor is sold without license are
common nuisances and shall be shut up,
but not until after the conviction of the
keeper.
Section four makes every person who
sells enough liquor to produce intorication
liable to pay any one who takes care of
such intoxicated party two dollars q day
for every day he is drunk, besides a reason
able compensation. Our objection to this
section i. that it is uncertain and indefinite,
and for this very cause will be produc.
tive of endless litigation and expense.
Section FIVE provides that every husband
and wife, child, parent, guardian, employ
er or other person who shall be injured
in person, property or means of support
by any intoxicated person, or in conse-
quence Of intoxicstion, shall have right
of action against the party selling as well
as the party owning or renting the build.
ing where the liquor is sold, giving mar
ried woman the same right TO sue as q
feme sole and to control the amount recov.
cred making such sales or gifts of liquor
TO work forfeiture Of all the rights of
lessee or tenant under any contract
of lease for rent upon such
premises. Under this section it will be
observed, rights are conferred in deroga.
tion Of decision OF our supreme court,
which has declared, that, under what i
usually termed the womaus act" the
husband o! feSis cCrert must Join in the
act Of the wife, and it presents the legal
anomaly Of one taking advantage Of his
own wrong, while he at the same time
reaps a benefit from the wrongful act Of
another. 1t does more than this, it makes
what our court, have repeatedly declared
is common fund, private property,
while it strikes at the root of all law recog-
nizing the invio!ability Of contracts, by
holding out premium to violate SOL
emn engagement.
The sixth section fixes the penalties for
the violation Of the first, second and third
sections, which are fine and imprison-
ment, twenty dollars being the minimum
and one hundred the maximum OF the
fines, and ten to ffty days the limi, of i'm.
prisonment with an abatement of the
place where the liquor was sold, as IA nui-
sancc, until bond in one thousand dol
lars is given to keep house under the
law. Section eight makes the real and
personal property of keepers of groceries,
etc" as well as owners thereof liable for
all fines and penalties imposed under the
fifth section, and especially the property
in which the liquor is sold but, if the
property should belong to n minor, idiot
or insane person, then the property of the
guardian Of such persons shall be held
liable instead
Without wasting many words on this
section, twill only be necessary to observe
that it at once brings up a very grave con.
'titutional question and upon which, in our
opinion, the whole act rests. 1t is, whether
there is II limit to the legislative functions
OF state, and whore that limit il. If the
Legislature can. by such II law, make one
party liable for the acts Of another, who is
neither partner nor agent, or in any way
implicated or concerned, the courts Of
last resort must decide.
The ninth section is contradictory Of
itself in as much as it declares that Justice,
'' the peace shall not have jurisdiction as
70 Vines and penalties arising out Of the
'Vu,'" and fifth sections, and in the con-
hs f'y,, it provides that they shaH
"a,' jurisdiction over all actions arising
uhuef 'hcse seeNeps to an amount not er,
ceea'ng Two hnndrA dollars. II fnrtbor
gives them power to sVaao, :. N',"e'
"HD 'a'e' rear estate, Spo~Nr hitherto nm.