The Palatka news. [volume] (Palatka, Fla.) 1905-1908, 1907-12-06
PROHIBITION AND
THE CONSTITUTION.

Ill on. JOnI .. b6dIu las gwen ou'
the opinion that the Local Option
clause in the state constitution
known as Article XIX-wOuld not
interfere with the legislatures pas
sing q state prohibitory statute, and
that the same, if enacted at special
session, would in no wise conflict
with the constitution. Mr.. Beard
did not argue the case, but seemed
satisfied with the mere statement OF
what he regarded would be within
the powers of the legislature.
AS explanatory of the position
taken by Mr.. Beard, tho following
letter to the Times-Union by Mr..
John G. Pepper of Punta Gorda is
the clearest yet seen on this subject.
Mr.. Pepper says:
There seems to be some confusion
in the minds or theories of some of
the papers, and perhaps in the minds
of some legal gentleman, as to the
scope and meaning of the nineteenth
article of the constitution of this
kUulCS anu CIV tRlIA NH"bAS w ~
how there can be any misunder-
knows anything about constitutional
limitations or prohibition.
In the first place the legal axiom
is, a constitutional limitation can on
ly act upon that part of sovereign
power in which it is aimed, it can
not be extended farther by construc-
~ ippnanHn Ra-
fore the adoption of the nineteenth
article of the constitution of 1885 the
sovereign power of the state had the
right to license or forbid the sale of
Intoxicating liquors. The nineteenth
county to vote on the subject, and
declared that if the people of that
county voted against the licensed
sale in that county, 70 such sale
should be licensed. This is the sole
and only limitation embodied in ar
ticle nineteen. Before such election
the sovereign power stood unlimited
and unaffected by the nineteenth ar
ticle. If no such vote was ever
taken the article was imperative,
and unaffected. Now the legislature
dU lUS LIE lllGClllIS CIICl JIlO uNOPGlOL
of the constitution enacted license
law; if it had chosen to enact a pro-
hibitory law it would have been fully
and completely within its power, and
if it had waited until several coun-
ties had voted either wet or dry, it
would still be, and is, fully within
its sovereign power in so doing, and
this because the nineteenth article
InI bnc tn
not voting dry; and moreover, be-
cause the law would be in full and
complete harmony with the nine
tenth article.
Again, the liquor business does
not stand on the same basis as does
useful and harmless occupation or
power called the "pOlice power
which may affect the "health or
morals" of the people is included
within this mighty force, and occu-
pies different position and is sub
ject to different rules and treatment
from other trades and occupations.
Moreover, this sovereign power can
not divest itself of it, the police pow
er cannot ALLEVIATE it, sell it, transfer
IT. VI give ~ ctN tlg IL 10 lullClGllI ttilN
inalienable, IL "sine qua non." For
instance. if the legislature of Florida
charters or licenses a man or COM
pany to erect and operate plant to
make and sell Florida syrup for ten
years, it becomes a contract with the
state, vested right, and cannot be
repealed by subsequent legislation;
but if the same Legislature grants
oh on 1faanpo tA
pany to erect and operate a distillery
or brewery for ten years, it is not a
contract with the state, is not a vest
may rightfully and constitutionally
repeal the charter and revoke the Ii
cense, and that, too, if the distillery
has paid a large license for the privi-
lege; and this for the reason that
full, that is, affects the "health or
morals, or both of the people.
give substantially the language of
the supreme court of the United
States.
The decisions of all the courts are
unanimous on this subject. They |
say that any license to make or sell |
liquor are mere police regulations
W Dt IbNOhGA az lSuI e. anu any
one DESTROYS of verifying my state
ments can do so by consulting the
Beer Company VS.. Massachusetts,
Ninety Z. S. Reports, page |
%, and there is vast number of de-
cisions, state and national, to the
same effect.
The liquor traffic is not alone in
cluded in this police power Gem
eteries, slaughter houses, lotteries
and various other nuisances are in
the same category. But in any
event the nineteenth article of the
constitution of Florida does not affect
the sovereign power of the Florida
legislature to pass prohibitory laws
covering the whole state. In reality,
the prohibition of the nineteenth
clause goes not to the sovereignty at
all. 1t simply prevents the proper
authorities from issuing licenses in
dry counties. Black on Constitu-
tional Prohibition will illustrate and
make plain the whole subject.
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Since the return of Gov. Broward
from Baltimore last week talk of an
extra session of the legislature has
bppn reyivnd aud tba date ,redipted