The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1884-05-21

There IS much miSapprehension
OF tl,e law 30 prohibit the sale of in
toxieating Iiqnors near institutions
ofIcarning. d II is law justly re-
grrdsd 5Iy all good citizens rs
among tho Most sanitary in the stat
ute hnOk. and has the neral sup
l port af that class throughout the
State. IL Is, has been, aud now Is,
sustained and enforced by the courts
TO the 'extreme verge Of the law. /"
TIE statute absolutely prohibits the
sale, under any aHthority or license
ipriIafovcry except unexpired licenses
on March 20 1871, any intoxicating
beverages within four miles OF an in
ooFbSated institution of learning
and for each and every sale in viO-
lation Of the provision of the act
che punishment is imprisonment net
less than one month, nor more than
six. and IN addition a fine of not
less than one hundred nor mere
than two hundred and ifty dsllars.
Tne -court-has 30 aEaa-Aii~n, a. 40
minimum Punishment Upon con;
victioh the court Il absolutely re-
lqaired, for each sale, to assess fine
oFat least one hundred dollars, and
70 commit the defendant to jail for
at least one month 80 r- -liF
The IDEA has been advanced that
ifan institution be Incorporated for
the express ParPOse Of excluding
the sale Of liquor in particular dis
trict that the case would not come
within tho meaning of the statute,
This is not so. The courts can not
20 behind the charter, and inquire
Into motives, The language Of the
1statRte is IAN Incorporated institu-
ton Of learning" and the only CUES
ti0R. the court can consider is, does
sach an iHsti. stion exist This is q
well settled PriaciPle, applicable to
charters, statutes aud other cases,
familiar TO well informed lawyers.
Any other rule would be legally
-moDstrous and absurd But We APP
Prehspj that there are in fact no in
stitntions Of learning in the country
that has besp incorporated sslely
for this purpose, We have heard it
Suggested that license TO sell is
vested right, and that the suPeryen-
lien OF . corporation can not affect
a. Fhis Is not -. The rule is 9th |
s.er,visor expressly settled The only
exception H. the Que contained in 4
luSs;aia,e, to-wit. that It shall not }
apply 70 ,sales made by persons hay 4
log 6eenscs at thc time Of the pas
sage OF the act, which was0n March
% f977nA sdl naHilgiIi aroa g.
s1e1riS,it BIS statute s has been frequently \
bSsnstEuqL aRPEsd and enforced BY d
abe Supreme C0nrt. 1t has been I
slseld among other things, ms fol- 4
a - 49, -la1drGa 1ei ~ ls.li.ul
-. The grand jury have inqlisl-
ht0rial powers inuease Of selling liq-
awltktf tour miles of an ineor-
Aporsted institution Sflearuing = and
tie day has passed. for escaping
-vrsae on mere teehnicalities, and
Eviri&iors 0f Law had as well accept
the fact and ACT accordingly l3IJsa, I
-grS= w8E Vfrin9 We nrIHLg1ws ma q
~ y ?, This statute is constitutional
IL keAs a6-.qlLad 1ayaH .ssszla Ia
La NhiIeit may be. conceded that
aiIfcensc for n named time % tipple
wifhin > county, secures the right,
the regulation that he shall not do /
ssul within four miles of AN ineDrpnr-
Ated institation Of learning 10 oae 20
which bis right nay BE subiectgd-
- Lea abv- slaE .lE.lub bnrBodI y
A. The corp0raliDn need. not 10 <
endowed. Itsssadsst ifouly che