Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-01-20
A VOTE is THE LAW.
Will a Constitutional Amendment
Find lis Own Enforcement?
GOOD LAWYERS BELIEVE 1T WILL,
Because 1t Will be Law Just as Soon as
1t is Adopted.
LICENSE NO CONTRACT WITH A STATE

The proposed constitutional amendment
to prohibit the manufacture and sale of
ardent spirits and malt liquors in Pennsyl-
vania, grows in interest as the time for.hold-
ing the election draws near. It is a matter
of especial interest to saloon keepers, who
must soon go through the License Court
mill, if they wish to continue business.
An attempt was made yesterday to get
legal opinions on the case, but it was diff
cult matter, as many of the lawyers seemed
to consider the day an off one, and had gone
home, others were up to their eyebrows in
business and not talkative, and others again
said they didn't care to talk at all, as they
had not given the subject any thought what
ever. The question that agitates the liquor
dealers, next to what disposition they shall
make of their stock, in case it becomes un-
saleable in this State, is what encourage
ment is there for them to take out license if
the verdict of the 18th of June is that
thenceforth the State shall 60 dry.
THE STATE is SOVEREIGN.
c. F. McKenna, ESQ.,, was not disposed
to talk much about the matter merely re-
marking, with a shrug of the shoulders, that
the State is sovereign, and that license
could not be held to be contract; but he
supposed that something equitable would
be proposed.
S. NJ. Raymond. ESQ.,, stated that If the
amendment prevailed. the business would
become illegal at once, and that sellers
could be proceeded against at common law
as maintaining a nuisance. There would be
nothing whatever elastic in the result,
should the amendment prevail. License is
not a contract, and is revocable whenever
the people see fit to consider such action
necessary for the public welfare. This is
not Mr.. Raymond's exact language, but it
expresses the idea. 80.
The principle that the State is supreme
and can do as it pleases in cases of this
kind, has been asserted in one judicial de-
cision after another for many years. When
made by Justice Taney, of the United
States Supreme Court, some people said he
was States rights man; but that explain
alton does not apply to later decisions; and
considering the way the oleomargarine
makers were sat down upon in this State.
the vested interest argument becomes
OF SMALL FORCE,
lu0 power UcHtAu ~ Is SGIOHS
enough to make itself felt at the polls, in
the way of prevention.
According to Representative Marland,
some legislative action is likely to be taken
so as to protect people who may be caught
between the upper and neither, milIstones.
Brooks law repression and prohibition.
Some people say that some dealers will
continue to take out United States license
and continue "allee samee," as, in many
neighborhoods, they can make enough
money to pay all expenses and defy the law.
There may be something in this;
but a similar line of policy regard
ing the sale of oleomargarine has not
been great success, though backed by
United States license; for only yesterday
Calvin A. Watson, a convicted bogus but
ter dealer, had to so to Jail for 90 days and
pay 5000 fine. IF all be true, as alleged,
moreover, some oleo sellers make as large
profits as liquor sellers. 1t is true some Of
these people persist in kicking against the
pricks, but great many butter dealers do
not think resistance pays. and, although
they denounce the State law as unjust, they
obey it.