The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1890-11-11
IMPORTANT LIQUOR DECISION.
States May Issue Licenses to
Whom They Please.
justice Field Pron,algates Modff.eE
'''ght Theory-The hsintion Of
the "hieky Habit to Society and tho
state-Liherty is Gully Freedom from
Restraint Under &c rsasn Condi..oas.

Restraint Endcr &c r.asn Copdi,.o.s
!" AsnINdroS, d. C.. Nov lo.-{spc-
ciaiI-The Supreme Cou5tof the Ua;ted
states, in an opinion re 1dered bv ms
.ioe fleid to-day, in tho case of p.
Nro"iey, chief of police of San Fran
cNseo' CAL appellant, VS.. Henry Christi
'eus'n' reversed an order Of, the United
states Circuit Court for the Nertberu
district OF California discharginr Chris-
Jensen on writ of habeas corpus. This
IS Il liquor license case, and iNits opin-
ION tho court broadly lays down certain
fundamental principles AFFECTING tho
re re which this business and laws
OIL the country stand to each other.
Christensen for several wears CON
Quoted retail liquor store, but in lsso
ms Application for renewal of his
ilcensc was refused by the police com
mlssloners of San Francisco. in whom a.
munlclpai' ordinance vested discrnt;on
TO grant or refuse licenses for saloons
the refusal being based on tho rrounI
Oh the BAD repute in which his place
stood. ihcreupon Christensen did bust
ness without license and was arrested
Wv Il VIII OF habeaS corpus,
ana the United States Circuit Court ar,
dcrcd his discharge from custody IN the
ground that the ordinance made Chris-
tensehs business depend upon the arbi-
tray VIII OF others, and in that respect,
uenlcu MIN equal protection of law.
In It's OPINION, Ivy Justice Field. the
court says: ut is undoubtedly true that
1t is the right OF every citizen to pursue
any lawful business. subject only to such
restrictions as are imposed upon all per
sons oil the same age, sex or condition.
nuI ohe possession and enjoyment of
'his right' ana indeed of all rights, are
suplecI TO such restrictions rs may be-
deemed by the governing authority of
the country essential to safety. health
peace and good order and morals of :,
community. Even liberty itself is NOT
an unrestricted license to act ACCORDING
10 ones own Will. 1t is only Freedom
from restraint under conditions essen
tial to the equal enjoyment of the same
right 10y others. 1t is then liberty rc-
gulatcd by the law"
inc position Is often taken saws tho
court, that there is something wrong in
Inc principle OF applying restrictions to
inc business OF selling by retail intoxi-
eating liquors. IT is agreed that ne
liquors are used rs beverage and that
INJURY following them if taken in ex-
cess, is voluntarily inflicted and is con
lined to the party offending, then thcir
sale should he without restrictions. it,
being commended that what man shall
drink-cqually with what he shall eat
is not properly matter for legislation.
There is in this nosition an assumption
OF TACT which does not exist: That when
liquors are taken i'll excess injuries arc
confined tn the party Offending.
tAD yt,tt,
him in his hcalti,, which the habit un-
d"rmincs; in his morals. which II
weakcnS, and in sclf-abasemcnt, which
1t creates. But their use leads to ne
glect of business and waste Of property
ana =, neral demoralizat ton; it affects
those who arc Immediately connected
with and dependent upon hin
l'y general concurrence of opinion
OF every civilized and Christian commu-
nifty, there are few sources of crime and
misery To society equal to tho dram shop
where Intoxicating liqvors in small
qantitics to be drunk at tho time arc
soid lhdlscriminatcly to all parties ap-
plying.
Statistics of every State show that
there Is IL, greater amount of crime at
trihutablc To this than any other source.
The sale of snch liquors in this way
mas therefore, been 1T all times consid-
cred proper subject Of legislative re-
gulatlon. For that matter, thcir sale
10y the glass may be prohibited 1t is IL
question OF public expedience and
public morality, and not OF Federal
law; thoce is no Inherent right of Il
citizen to- sell Intoxicating liquors
by retail; IT Is not privilege OF tho
citizens Ola State. or of the citizens of
the United States. In tho prohibition
or regulation OF this traffic, discretion
may be vested in an officer to decide to
whom to grant and to whom refuse
liquor licenses. Officers may not ALWAYS
exercise the power conferred upon them
with wisdom or justice to tho parties
affected, but this is n matter which does
not affect tho uthority OF a State, or
one which can be brought under tho
cognizance of the United States courts
The court says. that it does not per-
ceivc that the ordinance under which
the prisoner was arrested violates any
provision of tho Federal Constitution or
laws, and that as to the state canstitu-
ton and laws, it is bound by the decis-,
ion of the State supreme court that the
ordinance does not violate them.
The order discharging the prisoner
from custody is therefore reversed, and
the case remanded, with directions to-
take further proceedings in conformity
with this opinion of the court.
Preparing to Count in Iowa.
DIES MONIES, Iowa, Nov. lO.-ISpe-
Cial l-Chairmau Eul1ar IF thn Daror