The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-03-14
PEOPLE'SFO

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Editor West virginian:
Your open Forum Is certainly a com.
mendable department OF your paper
and one m fair minded people wei.
come: Below are some points which
! would lflte %. bring to the notice o.
your readers:
A most important decision was rem.
dered a few days ago by Judge Art,
man. OF the Circuit Court, Boone conn.
ty, Ind. sustaining an appeal against
the licensing Of a saloon in Indianapo.
lis. on the ground That the saloon is a
menace to the morals and peace Of
the community. The Judge held that
the saloon business has no legal ex.
istenee and, therefore can moth Il.
censed by the State. He quoted many
authorities TO show that the citizen
has no inherent right to engage IN
the selling OF intoxicants. because. as
has been decided by the courts, the
business is attended by danger to the
welfare Of the community.
THE ultimate question for decision
in this case is whether or not the sale
Of intoxicating LIQUORS at retail. f.r
beverage, purposes. can be legally II.
censed. The court has no inclination
to eyade or stdestep this proposition.
The conclusions at which 1t has ar.
rived have been reached after long
patient and mature deliberation and
the most careful consideration tnat
the court is capable OF giving the
question. 1t must lie conceded at the
outset that there Is a statute OF the
State pnrporting to authorize such d
license. Burns Revised Statutes, 1901,
See, 1878 ct seq. It is not every act
of the legislature thst rs the law. Only
the valid acts of the legislature are
law. It necessarily follows that the
decision Of the ultimate Question In.
wolves the determination OF the valid.
ity or inyalldlty OF this license statute.
Id the legislature have the
authority to enact the statute? Ca.
the legislature authorize the licensins.
for a consideration, of the sale of IN
toxicating liquors. at retail for bev.
erage purposesP This is the basis upon
which the ultimate question is to be
determined. 1t is question of pow.
er, and not one of frrmalfty.-
By citation from decisions OF the
Supreme Court OF the United States
and of the Superior Courts of Indiana
and other States, It is shown that
the public good is the supreme law"
and that what is wrong cannot be law.
full" That there is no Inherent
right in a citizen to sell intoxicating
liquors. that the business els danger.
Gus to the morals. good order, health
and safety of the people" Judge Art.
man declares: 1.-THE quintessence OF
NIL these holdings is that when meas
ured by the common law, the saloon
business is unlawful. and. therefore
without a legal existence. In other
words. in the absence OF statute
legalizing the business, common law
prohibitf"n prevails"
Among an array OF court decisions
tending to show how the courts view.
ed the sale OF intoxicants was the fol,
lowing by the Supreme Court OF In.
diana IL 1855. In Beebe VS.. the State
6 Ind. E42:
THAT drunkenness Is an evil. bctl,
to the Individual and to the State, will
probably be admitted. That Its leglts.
mate Consequences are disease and de,
structfor to the mind ana body, wi.
also be granted. That It produces
from four.fffths to nine.tenths OF all
the crime committed. is the united tes'
timony Of those judges. prison.keepers
sheriffs, and others engaged in the
administration of the criminal law
who have investigated the subject
That taxation to meet the expenses Il
panperisin and crime, falls upon and
is borne by the people, follows as q
matter OF course. That It's tenden Y
is to destroy the peace. safety and
weff-betng Of the people. to serve
which the first article in the Bill a:
Rights declares all free governments
are instituted, is too obvious to be de-
MED"
Some of the decisions quoted show.
ed that both Federal and State courts
had ruled that no form of gambling
snch az lotteries. etc. could be legal
lied and that the:- we're fnfmfcal "a
the welfare of society and in this con
nectfon Judge Artman pointed out
many OF the same courts had held tina,
the sale of intoxicants was inimical tc
the welfare of the community. and
therefore, II it was right to declare
gambling unlawful 1t was also righ'
Tn.