The Maryville times. (Maryville, Tenn.) 1884-1944, 1890-12-31
THE RIGHT TO SELL DRINK.


vocate.
THE RIGHT TO SELL DRINK.
Decision Of tho Supreme 'Court Regarding
the Sale Of Liquor.
The Supreme Court of the United
States has rendered q decision in o
liquor case that goes down to the roots
of the question. A California dram
seller was denied renewal of his II.
cense, for keeping a disorderly house.
He persisted in selling without H.
cense, and found himself in durance
vile for his contumacy. A district 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 1t.
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 10 we'll
worth reading. It says:
N1k 10 urna1 that thu 1;ouoro opo
used as Q beverage, and the injury fol.
lbwing 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
matter for legislation.
"Tbere is in this position an assump-
tion 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 undermines; in his morals, which
it weakens; and in his self-abasement,
which it creates. But as it leads to
neglect Of business and waste Of prop
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 Unfortunately 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 svery 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 te
the class Of persons to whom they ma,
be sold, and the hours Of the day, ant
the days Of the week en- which the So
loon may be opened. Their sale in thai
form may be absolutely prohibited. L
is question Of public expediency, ani
public morality, and not of Federal law
The police power Of the. State is FULLY
competent to regulate the business, II
mitigate its evil, or suppressi it entirely
"There is no inherent right in citi
zen to. sell intoxicating liquors by re
tail; 1t is net privilege Of q citizen o
q State, or Of citizen OF the United
States. As it Is business ATTENDED
with danger to the community, 1t may
as already said, be entirely prohibited
or be permitted under such conditions
IS will limit to the utmost its evils
The manner and extent Of the regula
ton rest in the discretion Of the gov
ernipg authority. : -.ri,a1. Z
"That authority smas vest in sucl
officers as 1t may deem proper the powe
of passing upon applications for permis
sion to carry II on and to issue licenses
for that purpose. 1t is . matter OF ley
is.ative will only. As in many othe
cases, the officers may not always exer
else the power conferred upon then
with wisdom or justice to the parties sf
fected. But that is matter which doe
not affect the authority Of the State, O
one which can be brought under tn,
cognizance of the courts Of the Unittt
States United Presbyterian. -.
RALPH WALDO EMERSON said: TIL,
highest test Of civilization is, not tn,
census, nor the size of the cities, no
the crons no Int the kind of man tn,