Savannah morning news. [volume] (Savannah) 1868-1887, 1885-07-26
PRoHlBIroRx LIQUOR LAWS
The United States supreme Court De
cIares the Question Of Their COnstitu-
tionality No Longer Open.

CUMBERLAND ISLAND, july lS.-EQ-
,tor Morning NetcS: Your editorial in
Sundays issue of the News, entitled
constitutional Question:" discusses the
possible effect of the recent decision OF
the New York Court of Appeals in the
oleomargarine cases, UPON the question
Of prohibitory legislation against the
liquor traffic. The court held That the
prohibition against the manufacture and
sale of oleomargarine was in violation Of
the fifteenth amendment OF the Federal
constitution, declaring that mo State
shall make or enforce any laws which
shall abridge the privileges or immuni-
ties of citizens of the United States" The
query suggested is, whether the rulingis
applicable to prohibition against the man.
ufaeture and sale OF intoxicating drinksg
The editorial suggests the distinction be-
tween the two cases, and states the true
principle applicable to the subject, TO wit;
That the LIQUOR traffic is subject to the
police power OF the State, and, therefore,
to prohibition, because OF its detriment TO
public welfare.
Permit me to say that there is another
answer to the question. Lawyers dis
cuss questions of constitutional law until
they have been decided. They do not
question is novel, or important, or doubt
full, il may remain, at least i'll the prOfes-
sional and public mind, an open one, in
spite of an authoritative decision. But
when several decisions have been made,
and when those decisions have been re-
peatedly recOnsidered upon argument,
aud solemnly reafiirmed, and when al last
the highest court in the land, which has
full and final jurisdiction OF the question,
nunnlTn0uHlE the
question Is "no longer open," the lawyers
and all law-abiding men must regard the
| question as finally settled.
This Is precisely what has happened 10
the question Of the prohibition OF the
liquor traffic. | am away from home, on
a short vacation, and cannot cite pages,
but am able from memory 20 cite the
cases and the volumes by which this sub
iect has been conclusively determined.
The last case was that Of Kansas VS..
Foster (1l2 vol. u. S. Reports Foster
! was a Solicitor General in the State OF
| Kansas, and was recalcitrant about In
! dieting violations of the probibitOry law,
whereupon the people indicted Mr.. FOs-
ter, and he was found guilty. He took
| the case to the Supreme Court of the
| United States, and one Of his detenses
was that the liquor laws of Kansas which
rest on a prohibitOry constitutional
ameudment) were void under the fifteenth
amendment to the Federal constitution.
The court, speaking through Chief JUS
tice w ate, and speaking unanimously,
cited the previous decisions holding pro-
hlbitOry liquor laws constitutional, and
| then made the statement, "The question Is
no longer open in this court" All men
who read the decisions of courts will rec
oenze these words, plain as they are, as
| having also q technical meaning. IL is
the set phrase used by the "mandarlns OF
the law when they wish to warn the pro-
fession and the public that long line Of
concurring decisions must be respected
as settled law, and that any further at
tempt to reargue question which has
already been reargued time and again,
aud decided uniformly the same way, is q
contempt of the court and OF the law.
That court has final jurisdiction OF the
question its decisions on this question are
binding upon all other courts. What it
declares settled is settled, verify.
The previous decisions referred 70 are
Beer Company vs.. Massachusetts, (96 U.
8. Reports; Bartemeyer VS.. Iowa, Is Wal
lace Reports; and the first case on the
subject decided by Chief Justice fancy in
5 HoWard's Reports. The court de-
cides squarely that to deal in liquor Is not
one of the "privileges or immunlties" OF
citizens of the United States, and that
the prohibition of such dealing is legit-
innate and proper exercise OF the police
power of the State for the prevention OF
intemperance, pauperism, and crime;
The Kansas case was on CONSTITUTIONAL
prohibition; the othes cases on statutory
prohibition. SO that every phase Of the
subject has been covered.
An electoral commission disclosed the
melancholy spectacle Of high tribunal
dividing in its rulings on party lines,
/ and standing eight against seven. The
decisions referred to were made by courts
on which sat Republican and Democratic
Judges, and they were unanimous.
The courts will never change their de-
, cisiOns or their minds on this subject
Other people may question whether the
police power OF the State should be ap
FLIED to the liquor traffic, but that ques.
ton has been settled with the Judges for
, several centuries. From Lord Hale to
COleridge, every English Judge of emil
hence has declared that liquor 10 the pa
, rent of four-ffths Of all crimes.
The Judges are placed where they are
, obliged to see the truth of this question
The evidence in the cases tried before
them shows the connection b3tween crime
and drinking places, in many instances
where that connection Is not apparent tI
D others. The criminal docket Ia chiefly
the register of the work OF barrOoms. The
e judicial position, therefore, supplies th'
enter into the decision of the question Al
Y 10 the necessity and Importance of apply
( ing the police power to the suppression o
7 the nests of crime.
D read with great interest the speech o
{ Mr.. Gordon, of Chatham, In the recen
8 debate on the local option act--the bes
8 speech made on his side OF the question
I His argument for exempting Chatham
county rested chiefly on the sentiment
and habits of your worthy German pOpu
lauon. There Is no question that pro
hibition does involve some sacrifice 70
p the public good, and these sacrifices th
Z German people have consented 10 max
n wherever they have been convinced tina
b the general welfare required it. tn,
3 Governor of Iowa, in an article in TN
s North american RerielC, stated that "A ma
1 iority OF the German population o
that State voted for the prohibition,
h amendment. The reason was that the
] had come to see that drinking In thi
{ country had different results from drink
e ing I'm the fatherlaud, and as patriotic
/ | citizens they were willing 10 restric
4 indulgences (harmless 20 them, but harm
1 ful 20 others for the general good OF th
a community. Mr.. Roosevelt lately salt
G tue most red-hot prOhibltionist in th
k General Assembly Of New York was
e nauralized German. The Germans o
2 Savannah, deserving the tribute Of Nj
r Gordon, will acquiesce in the require