Nebraska advertiser. [volume] (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, 1881-08-18
The slocumb Liquor Law.

after hearing exhaustive arguments
from competent attorneys for and
against the constitutionality of the
liquor law passed by the legislature
last winter, decided 10y an unanimous
bench that the law is constitutional,
and that saloon keepers and others who
have been retailing under the old law
since June LIST, have done so in viola
ton Of law, and are subject to its pen
alties for each and every glass of liquor
sold or given away over their bars, since
that time; license from the city
council in accordance with the old law
being no protection. such license or
permit could not be allowed III evil
dence. The case carried to the SUI
preme court upon which the decision
under consideration was elected was
precisely upon that pont--the unlaw-
full license of the Omaha city council
being ruled out of the testimony.
We would have been glad to publish
the text of the decision as 1t fell from
the lips of the presiding Justice, but
have failed to receive it,and must gath
er the gist of the decision from city
contemporaries. An Omaha RepubH-
can reporter furnishes the following:
The following is the substance of n
conversation which representative of
the Republican had with Judge George
b, Dake yesterday in relation to the
decision of the supreme court of the
State, affirming the constitutiOnality of
the Slocumb high license law:
Ques: Has the court come to con-
clusion with reference 10 the liquor
| law?
Ans; 1t has. The decision was rem
dered to-day.
Q-Was there any special point
which the court had considered
A.-No; the whole law, in all its
fulness, and in every point that could
he raised for determination had been
before the court and the conclusion of
the judges is that the law is constitu-
tional, and its provisions within the
competency of the legislature.
q. But this matter of the old Ii
censes, where men had paid money and
the term not expired-hOw about that 7
An the opinion of the court the
license is not a contract. Money is
paid for the privilege of selling certain
articles. the sale of which the law con-
trolls. The licenses are granted, sub
ject to further legislation, and those
who take them hold them under this
proviso. Therefore, in the opinion of
the court, Judge Savage had properly
refused to admit one of these old Ii
censes in evidence. Ii might be, sale
Judge Lake, that some measure of in
justice might arise to individuals, ant
il might be that this could have beer
obviated by legislative provision fo
compensation. The matter, however
WAS solely within the provision of tn,
legislature, and the courts had no RICH
to interfere
AS we understand Judge Lake, tn
decision of the supreme court cover
the whole ground of controversy, leav
ing nothing for further litigation.
Editorially the Republican says:
The decision Of the supreme cour
puts the Slocumb license beyond con
troversy. 1t is the duty Of the either
to obey the law, as the law stands OF
the statue book, and AS Interpreted,
by the judges. II any one in matte
, not Of primal Obligations-not mala Il
se-fnds it in his conscience to disObc
the law. then good citizenship demand
that ne shall stand prepared to suffe
the penalty. The suprem
court has practically decided that Their
is local option in this stats-thdt If
municipality refuse to pass a licensin
ordinance that Is equioaidnr to pro
hibition Dithin the confines of III
, municipality. Should our council
remain passive, that surely is equival
ent to refusal TO act. There will be II
licenses in the city. Those who foI
low the trade will he engaged in a pro
: hibited business, and it will not requir
q the assent Of the city council to eI
p force pains and penalties.
| The above is a correct view Of tn
e matter and is equally applicable I
q Biownville 40 to Omaha.
The State Journal Of the 18th. say,
The supreme court of this state d,
cided yesterday that the Slocumb hig
license law is constitutional and thu
8 city and county authorities may refus
J to grant license il they see nit. Ais
that license taken under the old la
Is no protection to an indictment Il
selling liquor without license since tn
first Of June. According to this d.
a cision every saloon keeper in this cit
n and Omaha is selling without authorit
!, of law, unless they have taken ne,
\ license since the first of June. since tn
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