The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-05-16

There are great many who never seem
able to sepaI ate the strict letter and the
spirit of the law The spirit of the liquor
law as we understand it is to prevent
dram-drinking and tipping, which does not
and cannot apply to cases where men 10
good faith buy liquor for purposes purely
mechanical or medicinal; nor does it in
tend to punish every technical breach
where there was no disposition to violate
the law, and the party selling exercised
reasonable prudence, If this is not the
proper construction of the law then we sub
NIT the question whether the enactments
are within the legitimate scope of legisla-
tion.-Keaoanee Independent.
And this prompts us to say word or
two about two indictments found by our
grand jury at its late session:
The very severe law passed by the legis-
lature in 1872, provides, among other
things, as follows
q 1t shall be unlawful for any person or persons
by agent or otherwise, to sell intoxicating liquors
| 10 MINORS unless upon the written order of their
parents, guardian, or family physicians; or TO per
sons intoxicated or who are in the habit of getting
8. For every violation of the provisions of of
TINS act every person so offending shall forfeit aad
/
and be imprisoned in the Jail of the county not less
than 10 days nor more than 30 days. and pay the
cost of the prosecution.
Under this act Mr. H. E. West, of the
Harper House Billiard Rooms, was indict-
ed, in three counts-for glass of ale to
Ralph Slaymaker, Richard Eggleston and
Mason Bulkley. Mr.. West keeps one of
most respectable places of the kind to be
found in any city. We are informed that
he has, since the passage of the law, given
strict and often repeated orders to his en-
ployes never to sell ale, wines or intoxica-
ting drink to any minor, and as far as he
knows and believes, his orders have been
carefully obeyed 1t is possible that
Ralph Slaymaker may, sometime, have
got glass Of ale there, though he is not a
trequenter of saloons and is very rarely
seen in them. No one would ever have
thought of questioning him as to his age,
for no one would suppose that he was q
minor; he is the superintendent, here, of
the Western Union Telegraph Office, does
a mans work and gets mans pay; but
he lacks some three or four months Of be-
ing of age As to the other cases, no one
connected with Vests thinks that they
got any Intoxicating drink there 1t is pos.
sible they may, but those in charge at
Vests think there must be some mistake
about this.
Now, we don't suppose there is single
individual in the city, who knows anything
about this case, that believes Mr.. West in.
tended to Violate the law or who does not
believe that he has honestly endeavored tC
conform to its provisions, or who believes
that anybody has been injured if Ralph
Slaymaker did, on some occasion, get 9
glass of ale. As the Independent Ia no-li
cense paper, by the way very Justly says
The law does not intend to punish every
technical breach when there was no dispo
sition to violate the law and when the par
ty exercised reasonable prudence. The
object of the law is good. 1t is to deter sa
loon keepers from allowing boys to fire.
quent their places, and contracting habit:
of dissipation. Any saloon keeper who
does that ought to be punished. But i:
that the case with Mr. West? By nc
means. On the contrary he has used every
reasonable care and precaution to prevent
minors from obtaining intoxicating drink
at his place. Under these circumstances
we doubt if - men can be found who viii
say that he has not used due diligence il
the conduct of his business, or that he in
tended to violate the law, or that he has
not done all in his power to conform to it,
provisions. In such case he cannot BIZ
convicted.
The other case is that of Helm 4 Kelly
indicted for selling without license No
body in the world supposes that Helm 4
Kelly intended to violate the law in that
respect They have been in the business
for many years-are old and well known
and respectable citizens always pay theil
license, their taxes and their debts. Fol
many years it has been the rule to give
dealers the month of April to make W
their bonds and pay their license money
and there was no reason to suppose that ;
different rule would be practiced this year
If they were a new firm, never in the bust
ness here before, and opened out without
license, the case would be different. Tha
would look like an intention to violate tn,
law. But they are and have been in tn,
business in the same place for years, ant
intend to continue. Does any one suppos,
they expected to avoid paying license? o
course not Nor would the license be an,
less by delay, for 800 is exacted even i
the year has one half or more expired
and all licenses expire the first Tuesday il
April.
The penalty under the State law, fo
selling without license, is fine of not les
than 800 nor more than 800, for each of
tense, and imprisonment not less than II
nor more than 80 days. No u men cal
be found who will say that Helm & Kelle
intended to avoid paying license.
AS to those who are indicted for sellin
on Sunday, the Revised Statutes, page 395
section l27, provide that IF any perso
shall keep open tipping house o
the Sabbath day or night, ey
cry such person shall, on conviction, b
fined not exceeding 500, or imprisone
not exceeding six months" We presum
it will not be contended by people who sol