, 1900-05-28
A VERY WET" STATE
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statutes regulating the issuance of Ii
quor license, remain just as they were
originally or the statute books. with
the confirmatory effect of II consti-
tuition and subsequent legislation in
their relation to our WI and villages
and along our railroad limits as well as
outside the railroad limits.
1T had become the settled law and
it is now only necessary to find the in.
tent of the Legislature and the statute
i]nterprets itself" The court referre
to a former decision to the effect thai
the clerk has discretion in the issuance
of liquor license, but said that discre,
.tion is limited, that is, he has discre-
ton to the extent that the place where
liquor is to be sold must be plainly
stated in the application for license.
Beyond that the clerk has no discretion
in the matter. 80 the court is not al
together running ]rencounter to its for
mer decision, but only modifying it.
Now, under our law" said Judge
Bramel,-'I'm sorry to say it, but it is
the law, ~derogatory to the well being
of mankind, yet with all its blighting
curse and touch, with which our legis-
latOrs never saw fit to interfere except
to extend a certain degree of police
power owe the traffic-under our law
anybody can obtain a liquor license
who pays the money required for it.
In this wide state no qualification is
required. In other states it is differ
.ent; the authorities are clothed with
more discretion, there may be petit
lions and remonstrances, the moral
character of the applicant for license
must be ascertained. etc. All the
states have thrown around mankind
greater safeguards than ours.
Il was struck by the argument of
counsel for the petitioners wherein he
spoke of the ability brought together
by the trainers of our constitution.
among whom were men of widely diff.
fering views on the temperance ques.
ton. Much wisdom was displayed, and
it is said We have a constitution equal
to if not better than any other consti.
tuition known.
Yet. in the teeth of the very law
you seek to declare unconstitutional,
all that wisdom saw fit to let it remain
as it was. What is the result? To
leave the liquor traffic open to all, even
the red handed murderer just dis
charged from the peniten. iary, with
his hands still reeking with the blood
of the victim slain in his own saloon;
because our law requires no qualifi-
cation on the part of the applicant.
The court cannot declare legisla.
ton void because it does not agree
with our views of public policy An ap-
peal can only be taken to the repre-
sentatives of the people and, finally,
to he people themselves. 1t is diff
cult to limit the o~mnipotence of SOW
ereign legislative power by judicial in
~tervention, except where it Is clearly
in conflict with constitutional provis-
ions. | can find no authority to repeal a
law solely on the ground that it is in
lmical to the public warfare. Our legis-
lature having passed this law prior to
the enactment Of the constitution. the
notwithstanding authorities had It
before them in framing that instru.
ment and left it in full force: subse-
quent legislation having been confir.
matory, the law, however repugnant,
remains on the statute book in full
force.
ut is strange hal our lawmakers
should think more of cattle and sheep
than of humanity, but it is nevertheless
true that the most careful and pains
taking legislation has been for cattle
and sheep, while poor, miserable hui
manity is left with rights u%nrecogniz-
ed, can go to the bow-wows. 1t
is provided that a man must not run
a disorderly house, and there are GER
tam ponce regulations, but that is all.
Gentlemen for the state" said the
court in conclusion, you are without
any remedy, in my estimation, on this
question. The demurrer is sustained
and the former decision is modified as
to the extent of decretion to be exer-
cised by the clerk"
Colonel Downey said he would have
to confer with the county commission
ers before decided what other action
would be attempted in the matter. His
exceptions to the ruling Of the court
were noted and he has three days in
which to perfect an appeal. 1t is not
believed that the county board will
carry the case to the supreme court.