The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-04-23
What the Courts Say.

FDroes CJARIoN-lbe last issue o.
the State Ledger contains an artclt
headed The Liquor Question, wh'cl
does some Democrats injustice, aud, at
the same time is misleading / wish
simply to call attention to two state
ments: ]. ave have seen IN MIssisSlp
pi some of the staunchest Do mocrats en-
ieavoring TO engraft thls-thc iiguoi
question into Democratic Statepollcy.
I Judge that the Democrats referred 70
are fTohibitionists, as well. l think
this Is an entire mistake Prohibition
lists have never wanted the question eL-
GRATED into either of the parties STAT
policy. Prohibitionists have not asketo
that a Constitutional amendment be
submitted yet. All that has been, or i
desired of the Democratic party III TIM
State is local option law giving eacl
county the privilege of passing upon
the ''vexed question for ltseii' Ger
tainly this is reasonable, ana just
respectfully submit that it Is IN order
for the Ledger to set about proving It's
charge. | deny it most emphatlcally'
I'd. at is curious to the student OF
constitutional history to note the pecu
liar effect of our dual government upon
the subject. The matter of Interstate
relation plays as prominent a part here,
as il does upon the subject of railroad
superyision. For instance, no state hes
full control of the liquor question, and
there can be no such thing as genuine
and complete prohibition, unless the
Constitution of the United States i.
altered" The Ledger should have
promulgated this, if it be "a fact
long before this. For some twenty
eight years Maine has perpetually viola
ted the Constitution of the United
States. Kansas is to-day, and has been,
for some years, maintaining statutes
violative OF the Constitution of the
United States. Iowa is about to enter
upon the role Of disloyalty to the Fed
eral Constitution-accor to the state
Ledger - that, too, after the liquor
dealers have tested every inch OF the
ground. / respectfully recommend for
the entertainment and instruction of the
Ledger the following and all other Su-
preme Court decisions on the liquor
question: Chief Justice fancy says, "If
any State deems the retail and internal
traffic in ardent spirits injurious to its
citizens, and calculated to produce idle.
ness. vice or debauchery, | see nothing
in the Constitution of the United states
to prevent it from regulating or restrain
ing the traffic, or prohibiting it altogeth-
er, il it thinks proper. 5 Howard, 5i7
Justice Mclean says: A license to sell
an article, foreign or domestic, as a
merchant, innkeeper or vietualler Is a
matter Of police and revenue, icitltn tht
poscer Of the State.5 Howard, 587; and
again, ait is the settled construction Of
every regulation of commerce that IN
der the sanction of its general laws, no
person can introduce into community
malignants, diseases, or any thing which
contaminates its morals or endangers its
safety. Ibid .If the foreign articles
be injurious to the health or morals 81
the community, State may, In the ex-
ercise of that great and comprehensive
police power which lies at the fonnda-
tion Of its prosperity, prohibit he sdle Of
Ibid, 592. No one can claim 4
license to retail spirits Al a matter of
right Ibid. might qnote Daniels
Woodbury., Grier and others, but the
authorities cited are quite sufficient I
imagine.
Does the Ledger undertake. n the
face Of these authorities, to say that Il
q majority Of the voters IN Missfsa;,,,;
declare against whisky that the Conft;.
tuition Of the United States gives a fl,a
minority the right to carry On business
anyway Does the Ledger believe fhas
the many acts Of the last Lerislafisre
prohibiting the sale Of liquors IL towns
supervisors districts, and counties ~
2 violation Of the Constitution 81 tie
United States2 II the counties have - !
constitutional right to prohibit. hasn't
kne state the same right
Let the Ledger deal with The Iaroa
ann increasing prohibition element fair-
IL hope II was not the desire n nv
Ledger ID the editorial referred Is arS
quoted from. to misrepreaent ssefenn ~.
est democrats : nor 70 niislaad tie nnh
.,e mind touching she power 81 tie
state g utterly destroy of prohibits ene
business that eofrupis morals. aaa -.
dangers RE saletg of communities
DEMocn