Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1890-12-04
"PERSONAL LIBERTY" DEFINED.

4
Justice Field. Z. S. Supreme Court, in
passing upoh the power of police com.
missioners to restrict the sale of liquors
recently, said:
at is undoubtedly true that it is the
right of every citizen to pursue any law
full business, subject only to such re-
strictions as are imposed on all persons
of the same age, sex or condition. But
the possession and enjoyment of this
right, and, indeed, of all rights, are sub
ject to such restrictions as may be
deemed by the governing authority of
the country essential to the safety,
health, peace, good order and morals of
the community. Even liberty itself is
not unrestricted license to act according
to ones own will. 1t is only freedom
from restraint under conditions essential
to the equal enjoyment of the same
right by others. 1t is, then, liberty reg
ulated by law. The regulations govern
ing all the various pursuits of life are
almost infinite, varying with the nature
of the business, some regulations being
designed to lessen noise, others to protect
health, others to remove odors, and so
on. 1t would hardly be necessary to
mention this, were it not for the position
often taken and protested that there is
something wrong in principle and OBJ
jectionable in similar restrictions when
applied to the business of selling by
retail intoxicating liquors. 1t is urged
that, as the liquors are used as bever-
age, and the injury following them, if
taken in excess, is voluntarily inflicted
and is confined to the party offending,
then sale should be without restrictions,
the contention being that what a man
should drink, equally with what he
shall eat, is not properly matter for
legislation"
Continuing, the opinion says: "There
is in this position an assumption of a
fact which does not exist, that when the
liquors are taken in excess the injuries
are not confined to the party offending.
The injury, it is true, first falls upon
him in his health, which the habit un-
dermines: :ahis morals, which it weakens
and in self -abasement, which it creates
But it leads to neglect of business and
waste of property and general demorali-
zation; it affects those who are immedi-
ately connected and dependent upon
him. By the general concurrence of
opinion of every civilized and Christian
community, there are few sources of
crime and misery to society equal to the
dram shop where intoxicating liquors,
in small quantities to be drank at the
time, are sold indiscriminately to all
parties applying.
The statistics of every State show a
g ie .ter amount of crime attributed to
this than from any other source. The
sale of such liquors in this way has
at all times, been considered
the proper subject of legislative regula-
ton. For that matter, their sale by the
glass may be absolutely prohibited. 1t
is question of public expediency, and
not of Federal law. There is no inher-
ent right of accession to sell intoxicating
liquors by retail; it is not a privilege of
q State or of citizen of the United
States. The prohibition or regulation
of the traffic may be vested in officers to
decide to whom to grant and to whom to
refuse liquor licenses. The officers may
not always exercise the power conferred
upon them with wisdom or Justice to the
parties affected, but that is a matter |
which does not affect the authority of !
The State, or one which can be brought |
under the cognizance of the Courts of
The United States"