Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1878-11-17
TIE LIQUOR TRAFFIC.
Important BecisIOn by The Tennessee
SnprtIns Court.

Important Decision 10y The tennessee
Snprs Court.
4 correspondent writes US regarding
the recent decision of the Supreme
Court in this city regarding the sale oil
Intoxicating liquors near an educa-
tional institution, an abstract OF which
we published. The case in point was
that of the 5 ate w. Elizabeth Rau-
scher, who keeps a saloon at the east
eru limits Of the city, just outside the
corporate limits. and who was Indicted
under the act regulating the sale OF
LIQUORS, etc, near educational ins'itu-
lions. She gained her point In the
Criminal Court, and the State took IL
up.
Our correspondent thinks the pub
LEGATION of the decision in full would
be of interest to most, if not all, OF
our readers, adding that lit is need
less to say how sharply the good peo-
ME of our State look TO every act or
/ decision If the Supreme Court looking
/ towards the restricting of the fell
DESTROYER of our race, iutemperaDce."
Hence in response to his request We
publish in full the opinion in the case,
delivered by Associate Justice w. F.
/ Cooper, at our Supreme Court, Octo =
Der 26.h:
State Us. E i-aJeth RdUSchcr.-The
first section OF the act of 1877, makes
II unlawful to sell or tipple any intoX-
icating beverage within four miles OF
an Incorporated institution of learning
in this State. The second section
provides that the act shall not apply 10
the sale of such liquors within The
limits of any incorporated town. The
defendant was indicted, under this
act. for selling whisky within four
miles of East Tennessee University,a and
within the limits of al incorporated
town. aud demurTed TO the indictment
The demurrer was sustained and the
State appealed.
The ground of demurrer il that,
while the first section OF the statute
il a general law, the second section
by its exemption of persons selling
Within the limits of an incorporated
town deprives the act of its general
character, and makes IL partial la"
; within the prohibitions OF the Constl'
tuition. Art. l, sec, and Art. xi, sec
s. But "an act which extends to and
embraces all persons who are, or may
T come into the like situation and cir
cumstancss," is a law Of the land
within the section OF the bill OfTights
cited: Mayor, etc, of Alexandria VS.
r Dearman, = Snted, 12l. Anl
the Constitution, act Nj, section 8
while declaring that the Legislature
shall have no power to suspend an!
d general law for the benefit OF partlcu
- lar individuals expressly authorize
: the Legislature to create corporations
, or the Increase or diminish the power
by general Laws, thereby showing Ihs
municipal privileges originated IN I'M
way shall not be held TO fail wlthll
the prohibition of the section. In
act under consideration is strictl.
Analogous to one which has been oil
l our statute book since 1924, and
j brought into the Code, section 4oo4
: That section makes IL misdemeanO
4 to expose to sale or gift any spirituou
or other liquors within one mile from
the place where any assembly OF per
sons collected together for religion
( worship, and at his usual place
Y business.
= The exemption from the penaitle
of the act of persons who may sell
! their usual place OF business, ma
q never been suffered to deprive th
Y statute of its character as general la"
= West VS.. the State, 9 Hum. 66.
The judgment will be reserved an
the cause Temanded.