The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1892-05-05

| VOL. Xxx.
al use OF intoxicating liquors as a serious cvi
he was the owner Of Il tract OF land, which
INFER. from the case. he purposed to have forlne
into village, by the sale OF lots to individuals
VINO should build upon them. This would Civ
price resulting from such Improvement.
1t was his opinion as we may infer from hi
restrictive coneueyonccs, that intenperance wa
hims II and his family. We may infer. in tn
| same manner. (trom his restrictive convey
ahceS.J that he considered his remaining pro
| ty where nOliqu was sold as beverage, Ihal
where its use was permitted. These views can
not be pronounced unreasonable or absurd. III
had the right to hold them. and he had the rgh
I tnrn TRe as Mtud of e.,
gram, or is, that the only way to prevent exces,
his purpose OF preventing intemperance, whici
he tears may reach his own family; which he
apprehcnds may increase taxation; which HI
thinks will! decrease the value OF his remaining
property he determines to adopt method thai
must certainly be effective. He imposes a con
dlton that no no iMtoXi,catng liquors sha
plan be vie or unwise, 1t is not for US to say
No man il bound to by law to be wise He has
the legal right to be wise, or otherwise, in his
own Judgment. oras his own caprice may de
The relation that the saloon or tipplng shop
bears to the community in which either exists,
and TO the individual members Of the comm uni
ty. has been. repeatedly, declared by the courts
The drinking OF Intoxicating LIQUORS in a
lence, lhe men who are congregated there, il
they are under the excitement OF an election
day, or any otner excitement. Such sales are
productive Of danger to the public peace
"A tipping shop, i'll any particular locality in
village. may affect, injUriu,,Sly, the health or
disturb The peace of the community. The power
fNh oNl.lE Thar
be established at such given locality, lis essential
to the very life OF city'.'
1T is The settled policy Of the state, that while
it. does not interfere wi tie CONNER cial sale
Of liquors, it does intervene at the p lint where
the traffic directly affects society; that is in
small Quantities to consumers"
This interference Is for the protection Of the
pubic health and morals
lit is atraiflc that all civilized communities
deem 1t necessary 10 Place under special police
''lt is a business in the same category with
many others, in that thy may be prohiDited, by
law, from being carried OIL in any specific To-
1T is a legitimate exercise of power to con.
fine the tranc to given localities, and therefore
to prohibit it in any specific locality"
the traffic to given ioc,l les. and therefore, to
prohibit it in any specific locality
And the violation Of The law so confining the
sale to given localities, is more than mere VIC
lation OF the statute; the act is contra bonus
mores."
lie, to decide in what localities OF a city. the
business OF selling intoxicating liquors may be
casrIeJ on. ~. :A9 And if they aeem that the good
cudtd any spece i the poWer So to do
is undoubttd.'
Nor can it be doubted by any observing and
lqHo's i, the fruitful source of many OF the
evils That affect society Pauperism, vice and
ime, are the usual concomitants OF the unre-
strained indulgence of the appetite for s.rong
drink. lmpoveri>hmeDt of families, the i'm
position OF public burdens, insecurity ef life and
property, are conseqne.t upon the evils OF III.
only regulate, but it may prohibit"
"iti, not necessary, in order TO justify the
exercise OF tins power, to array the
wilicn have heir origin in lhs traffic, =
Not only may the State prohibit, but the powe,
IS law Of nature, and is Possessed by man IN
which does him harm, whether he be assailed
by al assassin, or app. cached by poison.''
1t VIII be Sc ; ~ that the courts , have borne nc
Judges who wrote these opinions did not forge,
the procession o: the thousands who daily maj cl
! from the saloons 10 the drunhard's grave. II
statutes, fixing limits within which liquors
| snoud not be sold. were merely nominal ard
evinced no intention on the part OF the Ia"
makers OF any actual anu substantial benefit te
| the community.
Sales OF liquor as a beverage, means sales o.
liquor to be drunk for the mere pleasure o.
1t is tie "habi'uar' doing of this. on these
premises, when the liquor, 50 sod, Is to be drunk
on the premises, that IS forbidden. 1t Is The
traffic in lis most objcctionab e features thai
| il Forbidden
1t is a traffic, that when it's accompaniment:
and its results are considered does o!'enu ,l!t
| lofty moral sense" Of all persons, whether inui
vihutlo or whether "cUrl'OratiOnS,' except only
th;'>e who are engaged in it euhcr as proprietor!
| . the bu nrss or us customers of the business
We submit that The condition is not. on it,
face, merely nrlninal, and that 1t does not, o.
its face evilce, (sllOw clearly and obviously, ant
beyond reasonable doubt, that there was no
any intention Of any actual and substantial
benefit, in the minds OF the parties.
1t is not needed that the plaintiff be the
owner OF other property in the village wh.n thi
| did not. in fact, own other property in the vii
| lage, but we claim that it is immaterial, one
way or the other.
There are such conditions recorded in the
| books that al plainly nominal, yet they have
| been enforced III the absence OF Il statute like
estate shall be forfeited unless the grantee pay
| three cars OF red corn to the grantor e;.cl
New Years day; or unless the gi antee pay three
! fat fowls on each Christmas day; or unless the
grantee rencr two days service, each year, Will
a car r;age and horses, 10 the granlOr. etc. sue!
conditions are, on their face, merely nominal
there was no intention on the part of ei.hel
! grantOr or grantee that any actual and substan
| tial benefit should result from the fuliillnent o
the condition, to any one. We can see that nj
| tached to the performance of such conditions
| and 1t is difficult to conceive of what benefit
coul ID confer, ant more difficult yet to conceiv.
| how any substantial benefit of any kind couiC
! flow from the perfect performance OF the con
ditOnS.
But the condition here is quite different
While it is easy see that the gran tor may have
intended to receive money value from the full
the 6enet is that one might ire: reasoaSy 81 % inend
receive All the "beneiit' that one may receive
| In this world is not wrapped up in tie increased
| which his wife and children were buried, an,
| he should sell it with the condition in the deed
that the enclosure around these graves shoult
estate, and tile grantor should riow up the ell
| closure and plant the ground or erect his sta.
| bic or hog pen over the spot it would be diff.
cult to find court who would declare that s,,cl
| and evinced no intention on the part OF the
grantor OF any actual and substantial benefit t
court to enquire whether the grantor owned
| any land in that locality, and whether it woul,
| be increased in value by the performance o
This action is brought to enforce the forfeiturt
| as to twenty-f0ur feet only Of the two lots tina
we're originally sold to Hiyhley The other One
are covered by the same condition. The plain
| tiff only can enforce the condition. AS is vel
| said Gray Is Blanchard. supra, the othe1
owners of these lots are entitled to have thi:
condition observed. and justice to them require,
| that the grantor exact the performance OF thu
condition BY Singer, Of his twenty-f0ur feet Of
| these lots.
The fact that this railroad company owned
and operated a railroad through Mobiles county
and from St. James to the state line. is part o
the public hist ory of this county and state. anG
| is embalmed in numerous decisions of this
| court 1t has become rs much part of the
| geography OF the state as the Mississippi. OF
world knows. that railroads employ great
| number of men; that it is essential that these
temptation of the saloon and the tippling shop
be removed, as much as possible, from these
men. II it be said that is part OF the common
this railroad company no longer operates
this road itself. but that.anOher railway com
pany does 1t, we answer, that the plaintiff, be
the moral and legal right so to do, and it is its
duty so to do: to protect the company that now
runs the road.
the record shows, it is true today, intoxicating