The Republican. [volume] (Oakland, Md.) 1877-current, 1890-12-26
THE RIGHT TO SELL DRINK.
Decision of the Supreme Court Regarding
the Sale of Liquor.

THE RIGHT TO SELL DRINK.
Decision of the Supreme Court Regarding
the Sale of Liquor.
The Supreme Court of the United
States has rendered decision in
liquor case that goes down to the roots
of the question. A California dram
seller was denied renewal of his Ii
cense, for keeping disorderly house.
He persisted in selling without Ii
cense, and found himself in durance
vile for his contumacy Adistrict Judge
released him on habeas corpus, holding
that the license law of California was a
denial of the citizens right to choose
his own occupation and freely pursue it.
The case went to the Supreme Court,
which, through Justice Field, declares
that no man has an inherent right to
retail intoxicating liquors, but that the
business has been regarded by all civil
lied nations as one that involves great
risks to society, and is therefore subject
to strict limitations and special safe
guards. There is no question of the
right of State to limit the number
that may engage in it, and to restrict
the business by such guards against
abuse as the welfare of society may
seem to require.
The language of the court is we'll
worth reading. 1t says:
sit is urged that as the liquors are
used as beverage, and the injury fol-
lowing them, if taken in excess, is vol
UNFAIRLY inflicted and is confined to the
party offending, their sale should be
without restrictions, the contention be-
ing that what man shall drink, equal
ly with what he shall eat, is not properly
a matter for legislation.
'"There is in this position an assump-
ton of fact which doeS not exist, that
when the liquors are taken in excess
the injuries are confined to the party
offending. The injury. it is true, falls
first upon him in his health, which the
habit undermincs; in his morals, which
it weakens; and in his establishment,
which it creates. But as it leads to
erty and general decentralization, it
affects those who are Immediately con-
nected with and dependent upon him.
by the general concurrence of opin-
ion 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 drunk at the
time, are sold indiscriminately to all
parties applying. The statistics of
every State show greater amount of
| crime and misery attributable to the
use of ardent spirits obtained at these
retail liquor saloons than to any other
| source.
1.-The sale of such liquors in this way
has, therefore. been, at all times, by the
courts of every State, considered as the
proper subject of legislative regulation.
| Not only may license be eXacted from
| the keeper of the saloon before glass
of his liquor can thus be disposed Of
but restrictions may be imposed as to
the class Of persons to whom they may
be sold, and the hours of the day, and
| the days of the week on which the sa-
| loon may be opened. Their sale in that
form may be absolutely prohibited. 1t
is question of public expediency, and
PuDAAS uho NV VI L OuOl o. la W.
The police power of the State is fully
competent to regulate the business, to
mitigate its evil, or suppress it entirely.
There is no inherent right in a citi-
zen to sell Intoxicating liquors by re-
tail; it is not privilege of citizen OF
q State, or of q citizen of the United
| States. As it is business attended
with danger to the community, it may,
as already said, be entirely prohibited,
or be permitted under such conditions
as will limit to the utmost its evils.
The manner and extent of the regula-
ton rest in the discretion of the gov
erning authority.
THAT authority may vest in such
officers as it may deem proper the power
of passing upon applications for permits
! sion to carry it on and to issue licenses
for that purpose. 1t is matter of leg
islative will only. AS in many other
cases, the officers may not always exer-
else the power conferred upon them
with wisdom or justice to the parties af-
fected. But that is matter which does
not affect the authority of the State, or
one which can be brought under the
coguizance of the courts of the Unite
States. limited Presby terrain.