The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-05-07
&, X 2, -
IA 4 Judges Deelsion on Liquor
Selling; Il

Il \ A = Judges { peelsion on Liquor II
selling. Is
The following article from the Pitts.
burg Christian Advocate Is published
by request from one 81 the West VII:
ginlan's valued patrons: y
In q recent Issue We made reference
to the very, significant decision OF
Judge Artman, Of Boone county, In.
diana, in sustaining a remonstrancc
asainst the granting Of a saloon Il.
cense In indianapolis. This decision
Id noted, TO the effect that the
siness Is Injurious to public
hd therefore may not be per-
,---Sd legal existence. The decision
is lengthy, and Is evidently a very
carefully studied document. Judge
ArtnaM recognized the significance of
his position, and fias stated his argu.
ment with c!earness and Irresistible
force. We give the gist Of the argu.
ment, as follows:
"The ultimate question for decision
In this case Is whether or not the
sale Of Intoxicating liquors. at retail.
for beverage purposes, can be legally
licensed.
at must be conceded at the outset
that there is a statute Of the State
purporting TO authorize such a license.
II Is not every act Of the legislature
that Is the law. Only the valid acts
OF the Legislature are law. 1t neces.
sarily follows that the decision of the
ultimate question involves the deter.
mination Of the validity or invalidity
Of this license statute. ,@
Odd the legislature have the au
thority to enact the statute? Can the
legislature authorize the licensing, for
a consideration, Of the sale Of intoxi.
eating liquors. at retail, for beverage
purposes? This is the basis upon
which the ultimate question Is TO be
determined. 1t Is a question, Of pow.
err, and not one Of formally.
"What is wrong can not be lawful,
and whatever Is right is legitimate and
lawful. In the absence Of any license
statute, what Is the legal status OF
the saloon business? Does 1t stand
upon the same basis as the business
OF the farmer. the manufacturer, or
the merchant? In other words, is 1t
one Of the inherent common.law rights
OF citizenship to engage IN the saloon
business?'
Judge Artman then cites several
Supreme Court decisions, ami oh.
serves:
"The quintessence Of all these hold.
ings Is, that when measured by the
common law the saloon business is
unlawful, and therefore without a lie.
sal existence. In other words, in the
absence Of statute fegafizfng the
business, common'law prohibition pre-,
walls"
In the light Of these principles Of
law, THO judge indins this strpng
paragraph;
Can the legislature legalize the de.
struction Of the public health. the
public morals and the public safety?
Can the legislature make lawful, for a
price, that which is unlawful because
1t conilavenes The fundamental prnci.
pie OF government? Surely not. ln.the
absence ofa license, the police power
OF the State regards any business, the
Inherent character, tendency and eff,
lect OF which Is to destroy the public
health, the public morals or the pub.
lie safety. rs immoral and unlawful.
This Is what the cases, heretofore cit.
ed, mean by holding that the right to
engage In the sale Of intoxicating In.
'lors Is not common.law privilege
inherent In The rights OF citizenship,
1t is not a right of citizenship, be.
cause as the cases hold, It's existence
Is detrimental 10 society, and is dan.
gerous to public and private morals,
and to the peace and good order Of
society,""
In summing up the points which he
has considered, Judge Artman says:
"The position Of this court then is
this: The highest judicial authority
Of the State has declared a less In.
furious business inherently unlawful
and beyond the power OF the State To
delegate to II legal existence, and
his court Is now asked In the face
OF this declaration, 10 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 lie.
gan existence by the State, for q fixed
consideration. This court will not wall,
into this dilemma. The law should be
harmonious. In view Of these hold.
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