The times. [volume] (Richmond, Va.) 1890-1903, 1902-07-27
-ocAL OPTION AND THE POLICE
POWER OF STATES.

POWER OF STATES.
The struggle at Louisa Courthouse to
| make it a dry town under the Virginia
local option laws has practically ended
in the decision of Judge Mason, of Or
ange, that Perkins, the defendant in the
case, must close up his saloon at once
regardless of the fact that he purchased
his years license only about thirty days
before the election. which carried the
district dry Judge Sims, of Louisa,
called Judge Mason to sit in the case
because of the bitterness of the Prohi
bitionists. who accused Judge Sims. an
eminently Iegal-minded and honorable
gentleman, of prejudice, impairing his
ability to render decision in keeping
with the law and the evidence. The
Hon r. Lindsay Gordon represented the
Commonwealth and the Hon. A. c.
Braxton, Of Stanton, the defense.
The question was purely a legal one
the defendant raising no issue further
that the construction of the law. and
these conspcuously able lawyers made
the most cf an interesting contention.
Mr.. Braxton made the shortest possible
equity argument in the premises. while
Mr.. Gordon rested upon the Virginia
statutes and an array of decisions from
this and half a dozen other States. There
is no doubt as to the law.
The section of the Code (5S7) directly
applicable to the case provides: IF any
person sell any wine, spirituous or malt
liquors. or any mixture thereof, in any
county, ma sisterial district, or corpora
ton voting as hereinbefore provided
against liquor license therein, he shall
be liable to all the penalties imposed
for the sale OF spirituous liquors or ar
dent spirits without license"
It seems unfair for the State to sell
a privilege to citizen fer one year,
take his money and then, before the
period argeed upon has expired, to re-
woke his license and keep the money he
paid for it; but such is the law OF Vr-
GINA at this writing, and so the court
interpreted it. It is true that Perkins
may apply to the Legislature for relief,
and doubtless obtain the return of the
price of the unused portion of his license;
but he can get no damages for the sum-
mary destruction of his business and
for stocks, rent, deliveries, and so forth,
that he might have made. based upon his
years license from the State, are nee
essarily null and void. There seems to
be no justice in this sort of procedure,
and ones mind travels back to the guar
antees Of the Federal and State Con-
stitutions protecting Americans from the
operation of ex post facto laws and laws
impairihg the obligation of contracts,
to say nothing of the good cid common
law Of fair play; but really the negro liquor
man of Louisa has no ground for COM
plant after all. He took out the license
with full knowledge Of the law; he
took one of the risks peculiar to his
business and he lost. Thus the Virginia
law is harsh only in its seeming.
The local option law is a police regu-
lation, and this case is an excellent
Illustration of the States myriad police
power. The police power is very near
to the sovereign people. 1t is beyond
Federal interference, except when it
comes into direct conflict with the Con-
stitution. 1t comprehends the whole
system OF internal regulation of State,
not only for the preservation Of public
nrTa hut al f-. Stoh CT, 81
good manners and good neighborhcods.
According to the Supreme Court of the
United States the question as to what
are the proper limits of the police power
OF the States is a judicial one, depending
in each case upon the relation of the
act in question to the situation of the
people and the condition of the Federal
legislation. In a long and fuctuating
line Of decisions it has been held to- in
clude quarantine laws, fire and build
ing laws, laws for draining marshes.
licensing slaughter houses, excluding
paupers and immigrants, caring for the
poor. regulating highways, bridges, car
riers. peddlers, etc, within the limits
OIL the State $50 far. as not interfering
with interstate commercel. laws prohib-
ting and abating nuisances, prohibiting,
lotteries. the sale of adulterated and sim
ulated food products and the manufac-
ture and sale of intoxicating liquors. but
not. however, the sale in the original
package of articles of interstate COM
merce.
The police power is a sovereign attri-
butte of the State, under which it can
be as arbitrary as its people will allow;
but as in condemnation proceeding I'M
der its right of eminent domain the
State ought, in equity, to allow for res
titutions or for damages in such cases
as this one at Louisa Courthouse.