The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-12-16

81
Edward Cassidy, Appellant.
SYLLABUS Chapter ~, General Laws OF 1873,
entitled can act to establish fund Tor the
foundation and maintenance OF an a-y lum ior
inebrtates," sustained as a legitimate exercise
of the notice power OF the State, not prohibited
nv section l. article 8, nor repugnant, as re-
spects its title, to section 81, article OF the
cOnStl utlon
Judgment affirmed.
supreme curt, April Term, 1873.
TIE State of Minnesota, Respondent, VS.. Ed
ward Cassidy, Appellant.
The sole question presented for ,nsld-
Grafton in this case relates to the constltu-
tionali,y Of chapter 10 Of the general
laws OF 1873, entitled IAN act to estab'
lish a fund for the foundation and mainte'
nance Of an asy Ism for inc briates.
Its unconstitntionality is rested on the
ground that it imposes specific tax upon
class Of persons engaged IN particular
business. and IS tbel elore IN conflict with
section |, article 9 of the constitution
which requires .'that all taxes to be rails
ed in this State shall be as nearly equai
as may be, and all property OH which
taxes are to be levied shall have cash
valuation and pe cquallzed and UNIFORM
throughout the State.
It is admitted that the State, through
the exercise OF its police power, has an
undoub.ed right to prescribe al needtui
rules and regulations in respect to the
traffic in spirituous liquors, and that IT
the act in question is proper and lesiti-
mate exercise of tina power 1t IS not
violation of the constitutional require
ments of equality and uniformity II the
imposition Of taxes.
it is strenuously denied by the appel
liant however. that the law under consld-
Grafton is enc OF TINS character.
1t is argued that its object is, as lndl
Gated by its title, the creation OF a iund
for specific purpose, and that therefore
it is not an act to regulate the sale Oh m
toxicating liquors and cannot be held TO
be an exci else of the police power.
TT. however, such Is not It's purport
and meaning, then It's title is mlsnomer
and the law must fall because OF ITS re-
nupnaucy to art. 4, sec. - OF the constl-
tuition which provides that mo laW stla.i
embrace more than one subject which
shall be EXPRESSED III its title. mat a.
the title indicates one thing and the body
of The act auo her and different thing, the
law Itself is nuility This, III brlet, i
is believed, is far statement oil the ar
qumcnt and grounds upon which the IN
Validity of the act is rested.
Section one Of the act provides
That all keepers o. saloons
groceries, restaurants, drug stores
wholesale or retail liquor stores. hotels
brewreies or other places where spirltuouS
vinous or malt liquors are sold or KEEP
Cor sale within the State, shall beior
they shall be permitted to sell or a'spos
OF such sprtuols vlnouS or malt liquor
take out or cause To be taken out
special license i'll addition to any or othe
license or licenses which they are or ma
be required by any law, ordinance or mt
nicipal regulation To take out, pawn
therefor the sum II ten dollars TO III
County Treasurer of the proper count.
and it further provides the issuing
such license by the County Auditor
county wherein the business so license
transacted which shall be good Tor OF
wear. The next three provide for se;tsr
apart in the State Treasury all none,
received from the issuing OF such licens
as a separate fund to be know
as the state lnebriate Asylu
Fund" and devoting the san
exclusively to the establishme'
and maintenance OF State asylum for
ebriates. Section makes 1t msd
meanor for any one to sell or otherwi
dispose OF any such liquors without
cense and prescrihcs punishment
fine for every such otsense.
II is very apparent from these prov
ions that the law in effect Is one tIrth
regulating the traffic in intoNjcau
w If n = &
jectS and its principal features and p
visions accord with this idea.
II requires of those desiring to pro
cute the business the procuring oil s.
cial license as condition precedent
the exercise and enjoyment oil such rig
1t regards the traffic as one tending
produce in;emperance and as iikeiy
reason thereof to entail upon the 81
the expense and burthen OF providing
class Of persons rendered 'ncapaoie
self-support. the evil influence
whose presence and example upon soci
is necessarily injurious to the pu'
welfare and prosperity. and there'
calls for such legislative intcrpos,tion
will operate as restraint upon the o
ness and protect the community from
mischiefs, evils and pecuniary hurth
: flowing from Its prosecution. ID
end the special license is required
the business restricted to such peri
as are willing to indemnify the ;
in part against such. its probable res
and consequences,h contributing TOYS
a fund that shall be devoted excius''
to that purpose in the manner indic
in the act. That these provisions un
takably partase of the nature OF p
regulations. and are strictly oil thse
acter there can be no doubt. Nor
II be denied that
expea,ency or necessity Is solely
latlye and not judicial question.
CITY of ST. Paul V. Coulter, /. MINI
l6 Wis. 5Ql and l42.
Regarding the law as = precaato
measure. intended to operate As
sale restraint upon the traffic, and
~r.snr-;nn tn Society against its c