Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-01
rEmPERANcE LEarsLAT1ox.

of various kinds sweeping over the country
and bearing down all opposition. The In
dianapolis Sentinel SAYS "The temperance
movement which has just ended-or Just
begun in this State sy the passage of the
bill in the Legislature-seems to be part
Of tidal wave, SO to speak, that ct present
is surging through the Mississippi Valley.
In the House of the Minnesota Legislature
a bill has passed, and is now hanging
tremblingly around the doors Of the Sen
ate, TO become law, which in effect is
similar TO yesterdays bill. 1t puts the
power of license in the hands of the COM
munity; puts the cost of the license from
$50 to $500; provides that every seller of
liquors shall give a bond in the sum
of $1,000 to $1,000, with two or more
sureties not to sell liquor on
Sunday, nor to sell to any minor
or habitual drunkard; and to pay all dam
ages that may result"
We give below the pith of the bill passed
by the Indiana Legislature, to which the
Sentinel refers:
"In order to secure license to sell liquor,
the applicant must obtain the consent of
a majority of the legal votes Of the precinct
or township in which he proposes TO sell.
If majority of the voters grant him the
privilege, he must go before the County
Commissioner and give heavy bond be-
fore the license is issued; said bond slpu
lating that said saloon-keeper, or liquor
seller, is responsible for any damage that
may result from the sale of liquors by
him.
"The dealer, under the law, is liable for
damages to the person or property Of the
party to whom he sells. The family of the
drunkard may bring suit against the dealer
for damages they may have sustained by
the husbands intemperance, caused by the
liquor which he may have procured of such
dealer. .F-
"The owner of building where intoxi-
eating liquors are SOLD is also liable for
damages that may result from the sale of
liquors.
This bill was not passed as party meas
ure, about an equal number of Democrats
and Republicans having voted for it. The
Indiana law is copied from that of Ohio,
QlIino.s has similar law, y and one ofthe in
ferior courts ofthat State has pronounced
it unconstitutional, and the case has been
taken by appeal to the Supreme Court.
Another case was tried few days ago in
the Superior Court of Cincinnati, in which
woman brought suit to recover $4,000
damages for injuries in her means of sup
port by the sale CT liquor by the defendant
to her husband, he having died of delirium
tremens. The case was tried before Judge
Yaple and jury, and verdict was rem
dered for the defendant. The Gazette gives
the following synopsis of the charge to the
jury:
''Ths right of action depends upon the
selling of the liquor criminally in violation
of the statute of 1870. If death be caused
by intoxication, resulting from the Illegal
sale of liquor, no recovery can be had for
the wrongful cause of such death, the wife,
child, ETC., being only entitled to the labor
Of the husband as means of support while
he lives, death under the common law,
which this statute has not changed, being
considered as an act of God. Under the
liquor law wife can maintain an action
for injury to her means of support, even af-
ter the death of her husband; if brought
within four years thereafter. She has an
interest in her husbands capacity to per-
form labor as means of support, and she
may recover damages, though she does not
show that she has been at any time, in
whole or in part, without any means OF sup
port. 1t is enough that the means
of her future support have been
cut off or diminished. And
the injury TO the means of support is not
confined to cases of injury resulting from
drunkenness, immediate and direct. 1t is
continuous, and extends to cases where
the injury results from insecurity, sickness,
or inability, induced by intoxica-
ton. Nor where she sues the seller
only is she barred from recovery against
him on account OF any substantial injury
he may have occasioned TO her means of
support, if others have, by selling during
the same period, also injured her in this
respect. And when the husband dies in
consequence of such intoxication, she will
be entitled to recover for all injury to her
means Of support on account Of the loss of
his labor during his sickness, and while he
lives, and the expenses of his sickness and
funeral. She can recover where she sues
alone for injury to her means of support; not
for the support of the minor children of the
marriage. They have their right of action,
and may sue for themselves.
GAS the foundation Of an action under
tbic 60 tut ie u. Of ko
statute by the seller, exemplary damages
may be awarded, though no actual malice
or other circumstances of aggravation be
proven"
A bill to enact q law somewhat similar
to that of Ohio is pending before our Leg
islature