Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-27
PUB lC NECESSITY AND WHISKY.

| In the hearing of a druggists APP
| plication for permit to sell intoxicat-
| ing liquors, Judge Smith in the Han
cock county court, analysed the legal
reasons why a permit should in any
case be granted. A witness favorable
to the applicant had been asked the
question: And you don't want to be
understood as saying to the court thta
the necessities of the community, con-
sidering; the population require the
granting of another permit there, DO
YOU 2" and had answered: why, 1t Is
necessary for man conducting drug
store" Then the judge interposed and
said:
So far as the necessities of the peo-
pie are concerned and the general
conclusion of whether it is reasonable
to grant a permit at particular place
those are general conclusions OF
mixed law and fact to be drawn by
the court. AS understand the law,
the law itself fixes what is necessity.
Necessity for Intoxicating liquors, as
used in the law, means a good faltn
demand for particular purpose-for
particular purposes. In other words,
where there Is an actual demand for
Intoxicating liquor to be used for the
purposes which the law permits 1t to
be used, there exists a necessity. In
short necessity consists in lawful de-
mand. Now wherever there is con-
siderable volume of lawful demand
there exists the convenience of the
persons who have that demand. IN
other words and in short, necessity
consists in lawful demand. The con-
yenience refers to the convenience OF
those persons who have lawful de-
mantl, not to the convenience OF the
applicant but to the convenience of
those persons who have the necessity
or lawful demand Well now, if this be
true. of course it follows necessarily
that these things are not matters OF
opinion for witnesses but they are
conclusions of law and fact for the
court.
This is correct point Of view. That
it has not prevailed among courts Is
evidenced by hundreds Of so-called
drug stores scattered in smaller towns
and villages over Iowa. the actual drug
sales of which outside Of whisky
wouldn't pay the board Of clerk or
proprietor. The demand they supply
is not a legal necessity, but an unlaw-
FIJI convenience It is further evidenced
by a half dozen permits in a single
town of medium size and by dozens In
the cities. That the convenience is
unlawful the reams of signs applfca-
tons piled up In all these stores make
potent Most permits are procured as
a cover for the illegal sale of intoxi-
carits. Not one pint in ten of the
barrels of usually vile whisky thus
distributed at dollar pint is bought
or sold for medical purposes" Most
Of it goes to the stalls of livery
stable or feed yard. instead of to
sick room.
That booze may be purchased at the
rival town doesn't constitute legal ne
cessity for whisky drug store in an
other. That one druggist has per-
nit is not proof that another should
be granted From the druggists point
Of view it Is different. of course. AS
the witness at Garner said: ''Why, 1t
is necessary for man conducting
drug store" E;ut as the judge ex-
plains, his necessities or profits are not
in consideration. 1t isn't necessary that
he should be in the drug business at
all, so far as the law is concerned The
public necessity Is all that is consid-
cred and only that part of the public
convenience and necessity covered by
the law. The necessity of the sick is