The Coconino weekly sun., 1895-07-25

posers of legislation prohibiting the
 manufacture or sale of intoxicants as a
 beverage, that such legislation is de-
 structive of personal liberty and con
 stitutes sumptuary legislation. Now,
 if this claim be true, of course it is an
 unanswerable argument against the
 passage of such laws, and those who
 seek their enactment are subverters of
 the freedom which the constitution
 guarantees to every citizen. But Is
 the claim correct one2 In order to
 answer this query intelligently we must
 first ask, what constitutes personal lib
 erty1
 The Declaration of Independence
 sets forth that men are endowed with
 "certain inalienable rights, and emu
 merates life, liberty and the pursuit of
 happiness as among such rights. And
 yet that men are not entitled to these
 absolutely and unqualifedly is shown
 by the fact that the constitution pro-
 vides that no citizen shall be deprived
 of his life or liberty without due pro-
 cess of law. It follows, then, that
 under certain conditions the State has
 right to deprive its citizens of lib
 erty, or even of life itself, if the above provision of the constitution is ad-
 mitted to be founded upon correct principle. And what are the condi- tions2 That the State must answer
 The general principle can only be laid down that whenever citizen uses his freedom in such manner as to inhict injury upon the community or the State he forfeits the right to such free dom. And whatever institution within the borders of an organized conmu- nity is found to be a detriment should be banished or prohibited It matters not what individual interests may suffer, the good of the community is paramount. This principle is clearly illustrated in the instance of a man who desires to set up powder maga- Zine, we will say, in the heart of city. He may own the land upon which he proposes to erect and main tain the magazine, he may be able to purchase and pay for the material which will enter into its construction, but he will not be permitted to do so, and no plea of interference with per sonal liberty will suffice to obtain per mission for him. Or, again, suppose he proposes to erect within the fire limits of some city structure of wood for whatever purpose upon his own lots, At once he finds his liberty abridged, and he is compelled to abandon his project. And so instances might be multiplied of interference with per sonal liberty, when it is felt by the that its interests demand such interference. And this is true the thing proposed will work an actual damage or be merely a menace to the community. The powder may never explode, the structure of wood may stand until it rots; but men will not take the chances that they will. The argument is that there is danger of the inhiction of in- jury by the erection of these buildings Tn the community, and therefore they | will not be allowed to go up.
 It only remains, therefore, to show that the saloon and the distillery is a foe to the community, and the commu- nity will say to them as well, You. too, must go." So it would seem, but In spite of the fact that the injury which the traffic in intcxi- ,ants works upon the community has been set forth over and over no such sdict against it goes forth. In this col. nm it has been clearly shown, and as exclusively as it is possible to express 1t, that the saloons of our little city Ire not merely menace, but a posi- tive detriment to our best advancement. and this is so plainly evident that there are probably not half a hundred men in the town who would attempt to ;ontrovert it, but they remain, never. ;belsss, and their destructive, blight ng influence is cursing and degrading ,ur youth and young manhood, not to peak of the material injury which is 'esultant therefrom; while the few who 'aise thelr voices in protest against this ,vil are simply branded as ''cranks" We make provision for the protection # our stores and dwellings from de. |. A.. ,,,. l,,n ,,,.