The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-04-28
The General Power of State Leslsla'
T1nres 10 Prohibit the ManufactuT'
and sale of Intoxicating Drinks q

The General Power of State Legtslas
1nres 10 Prohibit the Manufacture
and sale of Intoxicating DRINKS as
Beverage EEuFE E.E,EL, HISS
Editors OF the 1utelligeneer:
Ry request herewith submit q nrleI
o+otement of the. law of this country
upon the above question. .
And Idoso, more cheerfully, because,
while the temperance cause ls pseS peIs 81
| snccessf llv Impressed upon the mnds anu
hearts of tho people, it will ASSIST inc
ceIIse to have them. informed upon II III
/ ali its relations. And this miormauon
seems to be needed in some oegIee ~
least, for we quite often hear II lenoLanS essar
10 Claimed by some unfriendly to temper
cnce that ali prohibitory liquor laws are
IN Collation. Of their fundamental srights
A members of society and OF government
The power of State Legislatures IN re-
s,,ect 't6 Intoxicating drinks as a beverage
bae heen raised in the courts In Two
classes Of cases. One where they had en-
acted laws to regulate the sale OF sucn
II drinks. and the other where they hao en-
| acted laws prohibiting their manufacture
I, anS sale Statutes of the tirst class nave
Haver been seriously questioned: Ihey
have heeIl considered dbut the Ordinary
nolice regulations, such as may pc enscteq
In respect to all classes OF trade OF gu;
nioyment." But those of the secono clsss
a which prohibited altogether tne .i9Es Man% y.
fsctrre and sale OF 1ntoxlcaung IfnS ~ IN =
n a heyeraee, have been assalled IN tns
!. biohest Courts, OF ct least nine OF th'
"a States. and also in the Supreme Court Q
- the United States, "as violating express
y lrrovisiors of the national constitution am
Il aIso as sr1bversive of fundamental rlgnts
10 ond therefore not within the grant or leg
- :aIot;vesy,nvrern iss2s-t sSs FS'sSs ~
r. That such prohibitory laws were not Il
"a conflict with any provision OF theNstaou
10 Al Constitution, when they will NOT ~
lteriere with the importation OF iotelg
q LIQUORS, or the sale of such by the lmpo!
! ter in the original packages as Imports ;.
lis or when they would not interIsas 4!Gn1G-o. WI
,r ne z1ai9bt ai enact, between citiz1s on tfez9!
th States. when they werlich she; battefs
he the State when ms sol9doors and destroys s.,
all United States 1s4 s4her, When her Sclu
pi the "License cas66 strikes at the glass
Oh Howard's 8. q. IDS. and has MANNED b
he And that sue her moments OF deli
les not in violation UNASSIGNED appeals
nd nrinciples, or of f1eiatine. in words
oss natural rights of ifsST eloouent, the mi
its were to be enforced caused heriby I
ion the well established pT4sl .,... =,
ION tion which surround tnS95i65F tnS9,t.,fnT6ET =
.Us :re. dwellings, a Of individuals. has Z $: :;
ar Nv the highest courts Of number OF !
an. States; and believe in every cas- case
ide I which the question has been raised. 3D..
lies might here refer to the courts s,,ca ana cas-
al and do not because am not writing
dea M the the information OF the legal profession
the These laws have been sustained uE
az the principle, "that they were puphc I
St hes Nations Ma for the prevention OF intemp
the ance, pauperism, and crime, and lot ios
= 3he = 1ice MOWERS of Legislatures isextens
'klS KY enE en;IS has always been conceded by
ind ind Who Who have M inteiligently written upor
ting adiudicated the question y. Rsdas,a Oh.
uAol ,11t;. ~ T S,oI;ce mower OF the State exte
,bRsI @ 70 the the projection Of the sltysg, liz s1ipp
! as IA and and I the protettieni Of vii