Springfield globe-republic. (Springfield, Ohio) 1884-1887, 1885-07-17
WOULD PKOHiBIrION RY A STATE
BE COksTITVTlONAlo


RE COSsrITUTIONAL?
Recently the New York Court of Ap.
peals, the highest judicial tribunal in that
State, decided unanimously that the law
passed year and half ago 10y the Legis.
lature of that State prohibiting N,e manu-.
tacture and sale Of oleomargarine, was un.
constitutional The ground on which the
decision was based WAS principally that
the law violated provision of the Con
stitution of the United States. which de.
clares that mo State shall make or en-.
force any law which shall abridge the
privileges or mmunities OF citizens of the
United States"
This decision has a much wider appli.
cation than to the particular industries
immediately concerned IN the litigation
which it closed as We see in this interpre-
tation of the term liberty given by the
oo'HV Nouil III lut sdIut uttlSlOn. AID
erty in its broad sense, as understood in
this country, means the right not only OF
freedom from servitude, imprisonment or
restraint, but the right of one to use his
faculties in all lawful ways, to live and
work where he will, to earn his livelihood
in any lawful calling, and to pursue any
lawful trade or vocation.
Some of the ablest Republican and
Democratic journalists OF New York are
convinced that this decision puts 1t beyond
the power of State Legislature to pass
a prohibitory liquor law that would not
conflict with the constitutional provision
here quoted. An amendment to State
constitution, also in their opinion, would
be found equally imperative if test case
were made and submitted to the United
States Supreme Court. In this view of
the matter, nothing would avail except an
amendment to the Constitution Of the
United States, which could be brought
about only by the affirmative vote of the
Legislatures of 80 Of the 80 States of the
Union, or by the vote of constitutional
conventions in 20 States, either Of which
methods is manifestly impossible in the
present state Of public opinion as to the
temperance question.
As prohibition by States appears to be
opposed to the organic law of the land
there is not the slightest excuse for the
movement to elect members of Legisla.
turs or State officers favorable to prohi.
bition, which has begun or is about to be-
gin in several of the States, even if such
election we're possible.
The enactment of laws to restrict the
use Of liquor and to lessen the evils of in
temperance is clearly within the province
of the Legislature. Many laws with this
object in view have been passed by the
Legislature OF Ohio. And the record
shows that the Republicans as a party
always favored such measures. and the
Democrats as party always opposed
them. Every such law was enacted by the
Republican party against the most de-
termined opposition Of the professional
Prohibitionists, the new allies to the Dem
ocratic party
The Republican party is the party of
enlightenment and progress. Its history
forms one Of the brightest chapters in the
annals Of the century And in the future
its policy on all questions of State or Ma
tional interest will also be such as will
commend itself to the thinking, virtuous,
patriotic people of the country, regardless
Of the impotent ISLANDERS and misrepre-
sentation Of its new foes, or the more
powerful and less despicable assaults of its
more ancient enemies.