Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-04-04

and to the peace and good order Of So
ciety, and because OF this fact It con-
travenes the Fundamental principle OF
self preserved ton, and because It does
this It Is unlawful and does not have
the inherent right to exist
Legislature Violates Duty In Licensing
Saloon Business. ,s*.
..By section / OF the bill Of rights
It Is declared that the state Of Indi-
ana was founde for the peace, safety
and well being Of the people. and by
section q Of article 8 Of the state con-
stitution 1t is made the duty of the
general assembly TO encourage by all
suitable means the moral and INTEL
lectual improvement Of the people.
ut would, seem to follow logically
that this imperative duty cannot be
discharged by delegating for money
consideration to an inherently unlaw-
full and immoral business the right to-
exist and subject the citizens of the
state to its baneful influence. Logic
and reason must certainly treat such
u delegation Of right as a suspension
rather than an exercise OF the police
power. The exercise Of the police
power cannot be suspended or sur
rendered lawfully. Glue versus Beach
ct al. 155 Ind, 1881
1.-THE logic OF all this must lead to
the conclusion that the state cannot
for a license fee give the saloon bust.
ness legal standing. u
THE supreme court Of Indiana hats
In effect SO held. In the case of tho
Columbia club versus the State, ex rel
,McMahan. 143 Ind, no, that court de-
clared that a statute which should ut
tempt to authorize prize lighting would
be void The language Of the court is:
"a statute which should attempt to
authorize prize lighting would most
certainly be opposed to the spirit Of
the constitution and, indeed, TO that
Of the law itself, long since defined to
be "a rule Of civil conduct prescribed
by the supreme power Of a state, com.
manding what Is right and prohibiting
what is wrong" While prize fighting
Is odious and degrading, Its evil influ-;;
5ences are Insignificant when compared
with the destructive results Of the
liquor traffic. The supreme court OF.
the United States has held that the sa-.
loon business is the greatest source Of
crime and misery that there is In any
state more than that, the greatest
source In each state. &. sss
The Relative Evils of Saloon and
Prize Fighting Prohibited by su-.
preme Court RuIing). sss;3
'The position Of this court then iss
this: The highest judicial authority Of
the state has declared a less injurious
business [prize fghtingl inherently un-
lawful and beyond the power Of, the
state to delegate to It a legal existence,
and this court Is now asked, In the face
sof this declaration, to hold that the
business which has been declared by
the highest judicial authority In the
nation to be the most unlawful bust
ness In any state can be given a legal
existence by the state for fixed cor,-
5sideration. This court will not walk
into this dilemma. The law should be
harmonious. 81, 35ss !s.
The Reason Why Saloon License ls
Illegal Epitonixeds
'In view Of these holdings. based as
they certainly are, upon good reason
and sound common sense, it must be
held that the state cannot under the
guise OF a license delegate to the sa-
loon business a legal existence, be-
cause to hold that 1t can Is to hold
that the state may sell and delegate
the right 70 make widows and orphans,
the right to- break up homes, the right
to create misery and crime, the right
to make murderers, the right to pro-
duce idiots and lunatics, the right to
al orphanages, poorhouses, insane
asylums, jails and penitentiaries and
the right to furnish subjects FOR the
hangman's galloWs.
Judge Artman's Final Ruling In Case
Under conside Grafton.
With due appreciati Ion OF the re.
sponsibilities Of the occasion, conscious
OF my obligations. under my oath to
Almighty God and TO my fellow man, /
cannot by judgment Of this court
authorize the granting Of a saloon Ii
cense, and the demurrer to the amend
ed remonstrance is therefore overruled,
the amended remonstrance Ii sustain.
ed and the applicat don Is dismissed at
thescostS the applicant.
SrEi