The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-06-06
SALOONS ARE
4 NUISANCE
Attorney General so De-
clares in Arguing Temper
ance Laws Invalid.
TAKES ARTMANS VIEW
Lebanon Jurist's Now Famous De-
cision Finds Ardent Supporter
in James Bingham.
Especial to Lake County Times,

Indianapolis. June 6.-Before the SUI
preme court OF the state today Attor-
ney General James Bingham contend
eS with all of the force OF his legal
ability that all laws enacted by the
state Of Indiana the object OF which
was the licensing and restricting OF the
liquor traffic, were unconstitutional and
void. because they attempted. in the
exercise OF mere police power to au-
thorize the existence Of an institution
that Is public nuisance, per Sc. and
that has no right to existence, either
restricted or unrestricted.
In other words, the attorney general
of the state in the case argued before
the supreme court today. took exactly
the position that was taken by Circuit
Judge Samuel Artman at Lebanon
when, in his now famous decision. he
held that the state could not license
saloons. In the arguments that he made
today, the attorney general took the
position that every law passed in this
state attempting to license the liquor
traffic is unconstitutional
Has No Authority 10 License.
Two statements in the recapituIa-
tion of his argument shows up his po-
sition as attorney general: 'The legis-
lature of the state of Indiana has no
authority. and never has had any au-
thority to license or in any manner au-
thorize the retail liquor business in the
state of Indiana" and second The
laws of the state of Indiana purporting
to authorize apd license such retail
liquor business in the state Of Indiana
are unconstitutional and still a third.
The sale of intoxicating liquors at
retail. to be drunk as a beverage on
the premises where sold or elsewhere,
is public nuisance. per Sc"
All of which is enough to make ono
get UP and gasp: first. that the attor-
ney general should take this position.
in general with reference to liquor
laws. and second. that he should make
plea for the unconstitutionality Of
some of the most important OF the Indi-
ana laws.
Circumstances force this however.
The case under appeal came from Judge
Christian at Noblesville. A saloon
keeper by the name of Edward Sopher
was arrested for maintaining a public
nuisance. There was no charge that
his saloon was disorderly. or that he
had in any way violated the police
laws of the state He was arrested
just because he had a saloon.
Laws Unconstitutional.
In his defense he tried to introduce
in evidence the fact that he had re-
tail liquor license, but Judge Christian
in deciding against him held that that
fact was not material because the laws
under which such a license was grant
ed were unconstitutional laws; that
the saloon business as such in itself.
whether conducted reputably not.
was nuisance and hence without the
constitution. He decided against soph-
er, and in behalf Of the state in whose
name the suit was brought
And now this case was appealed to
the supreme court and the attorney
general is compelled by statute to ap-
|, pear for the state. Accordingly he re-
Gently filed brief upholding the de-
cision Of Judge Christian and today
argued for that decision, which, of
, course is the most advanced of deci-
, sions affecting the liquor traffic.
The argument was very long, the
, brief itself consisting OF more than
eighty printed pages. The summing
: up of the recapitulation which the at
torney general made. gives the gist OF
the states contention, as follows:
< No Right TO Maintain Saloons.
II is the contention of the state IN
this case said Afr. Bingham in con-
cluding, that there never has been and
i is not now a natural. inherent, in
= alienable or common law right 10 en-
: gage in the sale OF intoxicating IL
9 auors to be drunk on the premises as a
u beverage in this state; that II such
Il right exists in this state It exists by
virtue of some statutory grant; that
such a grant Is not within the police
( power OF the state; that a statute. to
constitute a legitimate exercise OF po-
lice power, must have for its object
q the prevention Of some offense or mani
= fest evil. or the preservation OF the
= public health. safety morals or general
welfare. and there must be some clear.
real and substantial connection be-
tween its assumed purpose and actual
: provisions. which should. in some plain
and appropriate manner, tend towards
q the accomplishment OF the object for
which the law is passed"
q OF course the whole theory OF license
y Is hinged upon the decision Of the
court in this case. The case will be
e advanced. and a decision viii probably
Il he reached out OF its natural turn.