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

| Sixth.-STATE cannot for, license
fee give the saloon business legal
standing. s. FL,
seventh.-CONCLUSION, overruling
demurrer to remonstrance and dismiss
Ing application for license at cost of
the applicant. - -
Remonstrants Base Protest on Results
@ " Of Traffic. i
I'm this court the demonstrators
have filed what they term an amended
remonstrance, in which they deny the
right Of the board Of commissioners
and also of this court to grant such a.
license for the following reasons:
'Second-Because the sale Of intox-
icating liquors at retail, to be drunk as
a beverage, Is destructive OF the pub
lie morals, the public health and the
public safety and Is therefore inner
emily immoral and unlawful and can
not be licensed under the constitution
Of the state of Indiana or the constitu-
ton Of the, United States.
Third.-Because the sale Of intoxi-
eating liquors at retail, to be drunk as
beverage upon the premises where
sold, is destructive Of the public NOR
ais, the public health and the public
safety and is therefore inherently I'M
moral and unlawful and cannot be IL
censed under the constitution Of the
state OF Indiana or under the consti-
tuition Of the United States
Court VIII Not Evads the Question at
Issue.
Waving all questions as to the
form and sufhciency Of the demurrer,
the ultimate question for decision In
this case is whether or not the sale Of
Intoxicating liquors at retail for bev-
erage purposes can be legally licensed.
s'THE COURT HAS NO INCLINA-
ton TO EyADE OR sSIDESTEP
THIS PROPOSITION. The conclu-
sions at which it has arrived have been
reached after long, patient and mature
deliberation and the most careful con-
sideration that the court is capable Of
giving the question. .Ss , 3.
Not Every Legislative Act is Law. 1
ut must be conceded at the outset
that there is a statute Of the state pur-
porting to authorize such a license.
Burns Revised Statutes, 1901, Sec.
7276 ct seq. IT rs NOT EVERY ACT
OF THE LEGISLATURE THAT rs
THE Law. ONLY THE VALID
ACTS OFTHE LEGISLATURE ARE
Law. -
did. the legislature have the au-
thority to enact the statute? Can the
legislature authorize the licensing, for
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. It is a question Of power
and not one Of formally.
States Police Power 10 Defined.
"The police power of the state may
be said to be the power to enforce the
right and prohibit the wrong. 1t is
the power to enforce the. chief end OF
organized government, which is the
preservation and development OF the
good order. the peace, safety, health,
morals and welfare Of the people. The
police power is the inherent right In
the people Of every free government to
promote the health, safety, comfort,
morals and welfare Of the people. &
Saloon Business. 10 Inherently Uniaw-
| full.
Whatever contravenes this law Of
self preservation by being destructive
Of the good order, the safety, the peace.
the health, the morals or the welfare
Eof the people, Is unlawful.
What IS wrong cannot be lawful,
and whatever Is right Is legitimate
and lawful In the absence Of any IL
cense 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? . - ssss
in the case Of Mugler versus Kan
sas, 100 q. s., 205. the supreme court
OF the United States declares that the
right to manufacture and sell intoxi-
eating liquors does not inhere in citi-
zenship S5.s3
I'm the case Of Crowley versus
Christensen, 1877 u. s., SO, the supreme
court Of the United States said: There
is no Inherent right fiji citizen to TINS
sell intoxicating liquors at retail. 1t
is not a privilege Of citizen Of the
state or a citizen on the United States,
Sc ss9
THE quintessenee Of all these hold.
fxarS