Savannah morning news. [volume] (Savannah) 1868-1887, 1885-07-19
A constitutional Question.


/ tive liquor law is constitutional has been
] raised in New York. The way the ques-
| tion was suggested was this; A few
( weeks ago the Court OF Appeals OF that
State, in what is now known as the Ia
nous oIeomargarine case, decided that 1t
was unconstitutional to prohibit the
/ manufacture OF oleomargarine.
The fourteenth amendment to the con-
( stitution Of the United States provides
/ that mo State shall make or enforce any
/ law which shall abridge tue privileges or
immunlties If citizens of the United
States, nor shall any State deprive any
/ person OF life, liberty or property without
I due process OF law, nor deny TO any per-
son within its jurisdiction the equal pro-
lection of the laws" The New YORK. court
said. These constitutional safeguards
have been so thoroughly discussed in re-
cent cases that it would be superhuOus to
do more than to refer to the conclusions
which have been reached bearing upon
the question now under consideration.
Among these no proposition is now more
firmly settled than that it is one Of the
fundamental rights and privileges OF every
American citizen to adopt and follow such
lawful industrial pursuit, not injurious
to the community, as he may see tit.
! The term liberty, as protected by the
constitution, is not cramped into mere
freedom from physical restraint OF the
| person of the citizen, as by Incarceration,
/ but is deemed to embrace the right OF man
| to be free in the enjoyment OF the faculties
with which he has been endowed by his
/ Creator, subject only 10 such restraints
as are necessary for the common welfare.
/ The right to liberty embraces the right Of
man toeXercse his faculties and to follow
| a lawful avocatiOn for the support of life.
| one may be deprived of his liberty, and
his constitutional right thereto violated,
without the actual restraint Of his person.
Liberty, III it's 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 liveli-
hood in any lawful calling, and to pursue
any lawful trade or ayOcation.'
The police power Of State is very great,
but, according to the above decision, it
is not sufficient to break up business
that is not shown to be hostile to the pub
! lie welfare. The oleomargarine manufac-
| turer, in whose favor the above decision
was rendered, said that he produced an
article of food that was cheap and whole
some, and insisted that the Legislature
| had no power to prohibit his business.
III ,,ft 81.
The question is: How far is the liquor
! business and the oleomargarine business
analogous2 Under the common law the
| liquor business is lawful. Has the State
| the right to say that it is unlaw-
| full? If it has, it is on the ground that it
/ is injurious. In the ole0margarine case
it was not shown, it seems, that the manu-
! facture of oleomargarine did society any
/ injury, but there would not be much dit
! fculty, perhaps. in showing thatthe liquor
| business is detrimental tobhe public good
While, therefore, the courts have decided
the law against the manufacture Of cleo
margarine unconstitutional, il Is hardly
probable that they would so decide with
regard to a law prohibiting the manufac-
ture and sale of intoxicating liquors.
There has never been decision of the
question Of the constitutionalitY of pro-
hibitive liquor law, although the oppor-
/ tunity for decision has once been pre-
scented to the United States Supreme
/ Court. AS rule State courts have sus-
tanned the prOhibitive liquor laws on the
| ground that the manufacture aud sale
of intoxicating liquor was injurious to
/ society, but the impression prevails among
the best lawyers OF the country that no
State has authority to prevent the impor-
tation of wines and liquors into its terri.
tory IN original packages, but may have
the right to prevent the packages from
being broken, and their contents sold al
retail.
The question is an interesting one, and
may be presented TO the highest court for
settlement if the temperance movement
continues to increase in strength.