The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-02-28
Prohibidonsls Win Heat in The
Indiana Courts
LIQUOR IMpERIls COMFORT OF NAN
SAME STATISTICS THAT APPLY
TO OTHER COMMODITIES
CANNOT PREVAIL.

INDIANAPOLIS, Ind. Feb. 2S-
Schuyler Young and William j. Trerz
prOhibitiOnists of the tenth ward In
granting of a liquor license on the
broad ground that such a license is
unconstitutional. In the Marion county
commissioners court their remon.
STRANGE was Overruled and a license
was granted. An appeal was at once
taken and the case on change OF venue
went to Boone county where it was
tried January 25 and the decision rem
dered February Is.
Wilson s. DOan opened the argument
for the remOnstrants. He laid down
as the foundation the proposition that
There is no inherent or common law
right to engage in the sale of intoxi-
eating liquors at retail for the pur-
pose of being drunk on the premises"
He supported this with quotations con-
corning fundamental law from Black
stone, and from decisions of the SUI
preme court of the United States and
by the recent decisions of the British
parliament regarding the opium trade
decisions of the state courts of Mis-
souri,, Illinois. Michigan, Colorado and
South Carolina.
Fields Decision.
Take this sample from a decision OF
Justice Field in 1877 u. S. page Sc:
1T is undoubtedly true that it is
right of every citizen of the United
States to pursue any lawful trade or
business under such restrictions as are
imposed on all persons of the same age
sex or condition. There is no inherent
right of a citizen to thus sell intoxi-
eating liquors by retail. 1t is not a
privilege of citizen of the state or IA
citizen of the United States"
Mr.. DOan then defined the police
power as being "The general power of
the government to preserve and pro-
mote the general welfare by prohibit
ing all things hurtful to the comfort
safety and welfare of society. and to
establish such rules and regulations
use and management of all property as
may be conducive to public interest"
In brief the contention of Mr.. Doan
was that there is no inalienable right
no common law right-to engage in
The retail liquor business; and that
license is a permit and not a restric-
ton and therefore that it is not within
the police power of the state.
Long Opinion.
The opinion of Judge Artman Occu-
pies Is columns of the paper that re-
ports it, After a full statement Of
the history of the case and the appeal
he introduces his opinion by saying
"The court has no inclination to side
step Or evade this proposition. The
conclusions at which it has arrived
have been reached after long patient
and mature elaboration and the most
careful consideration that the court is
capable of giving the question" He
proceeds to review the decisions in his
own state, to define the police powers
and to discuss the question from this
view point.
He says further that 1.-THE courts are
now practically agreed upon the judg-
ment that intoxicating liquor does not
stand upon the same footing as bread
because it naturally and inherently
endangers the health, the life, the COM
fort, the safety, the morals and the
welfare of the people, is inherently
unlawful and is prohibited by the COM
mon law"
Temperance Gains Victory.
He continues, Having lost more in
this battle than they ever anticipated,
meeting with complete defeat and ut
ter rout from their position, the saloon
men now seek protection from and
endeavOr to establish a legal existence
under the very statutes against which
they have waged an unrelenting war
fare for over so years. On the other
hand, the temperance people have
awakened to a realization that they
they hoped for
No Legal Existence.
In summing up the case the judge
said: 1T must be held that the state
cannot under the guise of a license
delegate to the saloon business a legal
existence. because to hold that it can
S to hold that the state may sell ana
delegate the right to make widows ana
orphans. the right to break up homes
he right to produce idiots and luna
les the right to fill Orphanages, poor
Houses, insane asylums, jails and penn
entiaries and the right to furnish
subjects for the hangman's gallows
"The supreme court of Indiana. the
upreme courts of many other states
nd the supreme court of the United
states have already so far passed the