The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-15
A PROHIBITION RAILROAD MAN
UPHELD BY THE COURTS.

| UPHELD BY The COURTS.
The most powerful temperance lecturer
abroad today is the head of great bust
ness enterprise. Hardly without excop-
| ton the great business interests make it
| a rule not to employ men who drink
This is particularly true of railroads
where a clear eye and a steady hand are
necessary for the protection of life and
the safety of commerce.
The Louisiana Supreme court has re-
Gently rendered a decision UNFOLDING a
contract in the interest of temperance
made by the most practical temperance
man in America. Some years ago-about
| 1S9O-Mr. ]. B. Watkins built railroad
| one hundred miles long from Lake
Charles, La, to Alexandria, La, named
the St Louis, Watkins and Gulf railroad
Upon putting town lots for sale on the
line Of his railroad, Mr.. Watkins would
not make a sale to any purchaser who
would not accept a deed containing the
following clause:
THAT the said purchaser, his heirs or
assigns, shall not at any time manufac-
ture or sell intoxicating liquors upon said
premises, except for medicinal, mechani-
cal or scientific purposes; and should this
condition be broken, this deed shall I'M
mediately and ipso facto be and become
null and void and the title shall immedi-
a nd fpcn 90
said vendor, and said vendor shall not be
under any obligations to return any part
Of the purchase price,"
Thirteen years passed without any vio-
lation of this anti liquor clause, and it
was taken to the courts to enforce. 1t
was denied that such clause could
stand, for it gave to an individual con-
troll for all time of the policy of COM
munty as to the sale or manufacture of
liquor. The Louisiana Supreme court
after stating that the vendee had vio-
lated the anti-liquor clause, said:
That "a condition in a deed Of land
that Intoxicating liquors shall never be
manufactured or sold thereon, and that il
this condition be broken the deed shall
become void is not repugnant to the es-
tate granted or unlawful In other
States 1t has been uniformly held that
such condition is not repugnant to the
estate granted nor unlawful and is bind
ing on the vendee. The civil code de-
clares that agreements legally entered
into have the effect of law between the
parties. It Is also provided that parties
mo- onfa s,,+a III
not unlawful and prohibited. If the non
liquor clause is considered in the light
of a servitude on the land decided. there
is nothing under the title of servitude in
the code which prohibits the burdening OF
realty with such a servitude. On the
contrary, by intendment, such a servi-
tude would be lawful"
In considering the question as to wheth-
err or not the land reverted to the vendor
without the necessity o. a suit for disso
luton of the sale the court held that
upon violation of the condition by cx
press stipulation in the deed it became
ipso facto null and void and the property
reverted to and vested in the vendor
without obligation on his part to return
the price The condition haing been yio-
lated by the vendee, the title of the
land vested in the vendor without further
formality. The vendor could sue directly
for the land, as he did, and a suit to dis
solve the sale was unnecessary. II It
were incumbent upon the vendor to sue
first for dissolution of the sale, it would
have been obligatory on him to return
the purchase price so that the parties
would be placed in the identical position
they occupied before the sale. Under
such an agreement he would be forced to
return the purchase price, notwithstand
ing an express stipulation in his favor
to the contrary. In order to enforce mis-
claim on the property he would by law
be compelled to forfeit his right under
the deed to withhold the purchase price
from the vendor II the latter violated mis-
contract Defendant makes the further |
point that If the condition is held bindin.,
plaintiff would be given power to regu-
late the liquor traffic in the town Of
Oberlin, in violation of the constitutional |
provisions of the State. To our minds no |
such results would flow if such condi- |
ton is held OF binding and legal effect, |
nor would defendant be affected in his |
constitutional rights"
In due time we shall escape from the |
policing of the earth by iron and blood.
at least, that police will move only rare |