The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1890-12-20
THE COURT OF AppE.,.
Aliens Cannot Sell Llo,,or :.
omore City. "'
" the s, n' Flied by rrar.s.s,
r,s s.s OF OF the Court Of Common Il" u"mps'
c.. 'ue Liquor Ii.
eense Denied

Issue a Liquor =,
'hSe Denied.
Of Appeals handed down The Court
A. Trass s""'y y: BY Judge Bryan~Joh :"
&C.. :, Nc. The act of 1891 o os o.. clerk.
s,F, .Ss ne. system for the D r. ,rS pre-,
Of the ", Sale of Intoxicating iono So ia
, CITY o. Baltimore, A board wa, s., RE
i'sNe"' consisting Of three o,mm n ss's"
ers invested with the povs, ' W
licenses lice n" t" Sell liquors by r,,s granting rs"1s
to NE Ills petition with the board ss,,son
iol'n number of statements ,ep5ins s'1 t.
show that lie was a II, 's 70
liotnse"' 1t wa. required to ss va 10 Dc
oy n'S ""n 'fidavit, and also to hs .,.
tanned " certificate Of at least Tan ~,
Spe0 persons, declaring that ,bs,
were aequalnt,d with the ps ,,,,.er n.y.,
that they had good reason 90 b.brv.,h,,
all the Statements OF Tia p.ti,;or ,nra
true "Du That they therefore raysd tina,
the ilceuse should be issued IN hin, u
Visio' was made for giving extended
notinca'ion of the petition, I, w,.
further provided that LICENSES to sell h,
re'"'i '"'u'o De grauted only To CT, z.ns
Of the Uuited States of ,euner.. ,.,,.
anu e'o' moral Character. All the r.yu.
lations show extreme and aux;o,s .,,,a,
tude on the part of the legislature to
diminish the evils arising from the .,
cesslVe usa OF ardent spirits. Iftbe com.
mlssloners should grant til. license the
applicant was required to pay $3.50 and
therefore 1t became the duty Of ,bs .o;d
clerk To Issue it.
lfas'essor' a native of Prussia, and
not natural'zed citizen OF tn. United
States, instituted this proceeding for the
purpose OF testing the validity of this
law. He contends the law IL mil and
void, and that he is entitled to lieepse
under the law, therefore, he applied to
John I. Gray. the cieik Of The Court of
Common fleas, for a license To Sc spirit
uous liquors by retail. The clerk re.
fused to issued the Incense. All, Il ere
fore, Tragresser filed "A petition for writ
OF maudamus to compel H. issue. the
City Court dismissed his petition. The
case is brought to this curt by p.tition
in the nature of writ Of error. and the
sole question presented is. whether the
salute Is valid and constitutional en-.
actmept. Under every system Of gov.
eminent there must be power in some Of
its departments to provide for the regula
tion of the internal affairs of the state
Public morals, public health, public
order, peace aud tranquility are object,
of cardinal Importance TO the well beinl
OF society. Without the power to pro
tect these interests, civilized govern
ment could not exist.
The limits and ext It OF this pows
are somewhat vag1 and underlined
Private interests are frequently found il
opposition to the public good, aud csse
may doubtless occur id which it will b.
a matter Of great difficulty and delicac.
to settle with justice these conflicting
pretensiops. But it is not necessary t.
decide such questions until they arise
The merits Of the present controvsrs
will be ascertsned by the application o
sound principles, under the guidance o
authoritative Authorizations. The habi
OF drunkenness. aud the evils attenGan
upon it. have always received consider
able degree of attention from the law
making power. And when we conside
the poverty. misery. ruin and wretched
ness which intoxicatirn Entails upon II
unhappy victims and the unspeaknti
woes which must be endured by innoceu
beings Dependent, upon them, End ais
the frequent crimes aud disorders pre-
duced by the same cause. We ma
measure, 10 some degree, the u-cesslt
for a legislative remedy, Il one can b
found.
1t is duty which ths legislature Cal
not evade. Their power over the who
subject, under the Cos stltutiou OF III
state, caunol be questioned. THIS law "
are considering was an effort 10 rsNtrl'
the licenses t, such persons as would NJ
abuse the privilege, and the commission
ers had the power torefuse the license
an unfit person and if the business WI
unnecessary for the accommodation
the public.
1t Was thought proper to comm
the licenses to citizens OF the Unlte
States, OF temperate habits aud GOO
moral character. II seemed wise t" IL
legislature to confer it only on tho
It who. being natives OF the country mig
reasonably be supposed to have rega
Tor its welfare, or who, not being native
had, as required by the Natural'zsti'
law, proven, by credible testimony oeio
court of justice. that they were
d tached to the principles Of the oni''
States and were well disposed to INT
good order and happiness. IL was oe
tainly the function of the law-maKi'
department to exercise its judgment
! this question, and the court has 10 ris
to criticise it's conclusion. We do Ii
think that this law is, IN any way
manner, in COL tiict with the Constitu'i
of this state.
In Kidd VS.. Pearson, 12S U. 5. p. l. I
supreme Court decided that q s'"'o l.
the right to prohibit or restrict tne lnA'
facture of iutox icating liquors Witnan
limits, to prohibit all sale ahu ''"A'
them, and to infict penalties on su
manufacture and sale. 1t is contenu
by the appellant that this Is III con'
+ with the fourteenth amendment u
: Constitution of the United States ~
priving Trayeser Of his rights ~ "
not be said," says the Court Of app"
that any man, alien or cl'lzen' ''
fatural right to retail tut ~ ,
&. liquor" Bartemver VS.. Iowa, Is " ",''s
Migler VS.. K .nsas, 1873 L. 5. h'da
Pessou, 1873 U. s., l. luxurious oo''1 :
tiohs may be prohibited ai'os''' .
dividual Interests must yield "n'n ="
d are IN opposition to the public s'ou' -
the legislature is to determine
measure will best promote '''
good in dealing with these N '''''s' :,
MiQler va II r.s said that III -"