The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-04-16
A Radical
Decision
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license of saloons was invalid
This probably the sweeping rendered in all
the litigation which has been carried the attempts those op-
posed the liquor traffic curb attempts those
interested spread it. The decision is that of cir
cult court and is therefore final 1t will appealed
to the supreme court OF the state and of the United States that
final decision this issue is likely before very Long
The facts of the briefly these January session.
1907 the Board County Marion County In
diana Albert Soa filed his application for license to conduct saloon
in the tenth ward of the City Indianapolis Schuyler Young and
William lretz of that ward filed The
nevertheless granted the license and an appeal was taken to
Artnan Before Judge Aman the filed amended
this they denied the power of the Board to grant
license the order license granted
Intoxicating liquors retail be drunk beverage is derc
tive of the public morals public health public safety
therefore inherently immoral and unlawful and
ed under the constitution OF the State of Indiana the constitution
of the United States This objection stated other
and other objections to the validity of the law authorizing licenses
made
Judge rendering his decision waived aside all other
questions than that Of the right of the authorize the issuance
of licenses The existence of the of all the other pre-
requisites license admitted He confined himself the
question of whether the had the right authorize the license
of the liquor traffic therefore whether valid
1t contended by the applicant Tor the license that the right
of the Legislature authorize the granting of saloon licenses
lutte and unqualified under the police power Of the AS what
the police power OF the state IS the court quoted from the decisions OF
the of Indiana of which is thus defined
described The police power Of state is recognized by the courts
to be one OF wide sweep 1t IS exercised by the state order to pro
mote the health safety comfort morals and welfare of the public
The right exercise this power is said to be inherent in the people
in every free government 1t is not grant derived from or under
any written constitution
Discussing this definition concludes that whatever
avnes this law OF self preservation and the public good by being
destructive of the good order the safety the peace the health the
morals the welfare of the people unlawful and be made
lawful The question then arises the says what would be the
legal of the saloon business if there the
subject In other words of the inherent law rights
OF Citizenship TO engage IN the saloon BUSINESS On TINS question
the supreme of Indiana has expressed itself both The
earlier decisions held that law right and that license
statutes restriction OF this right But the later DECISIONS
Judge says hold the contrary and the United States Supreme
Crowley Christensen 1877 L. S. So said There is
inherent right citizen thus sell Intoxicating liquors at
retail privilege of citizen of the citizen of
the United States"
AS the business is not right Of citizenship if
legal be by statute Judge Arman then proceeds to consider
whether the exercise OF its police power license
business whose tendency opposed the good ODER good
morals peace safety of the Tie ycnousy from
supreme court decisions OF many and from the decisions Of
the Supreme Court the United States The supreme Of
Indiana has held legislature Of that state cannot authorize