Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1907-08-09
Saloon is Outla4ved says Judge Artn1an.
Bearing of Human and DfUine Lazv Traffic in Liquors
and Theory Of Constitution as eqppIed
to the Business.

We copy the following interesting
review of Judge Artman's address
from the Minneapolis Journal. His
position is sustained by Human and
Divine law hence the "outlaw' must
be destroyed. 1t has cursed the HUI
man race since the days of Adam and
brought greater misery upon the peo.
Pile than all other evils com bined.
Here is the Journals review of the
address delivered in that city last
week:
Judge Samuel r. Artman Of Leban-
on, Ind, last night dissected the theo-
ry that the right to manufacture and
sell liquor is inherent in American
citizenship. He spoke before strik-
ingly representative audience which
nearly filled G. A. r. Memorial hall in
the courthouse. He propounded the
alternative theory that the saloon is
an outlaw.
That Judge Artman's talk was con-
vincing to those present was evident
from the tremendous applause which
greeted him at intervals. Occasion
ally an auditor would break in with
"That's right. You can't get away
from that" after the manner of a
camp meeting. The speaker was in
troduced by former Governor Samuel
r. Van SAINT and Harlan P. Roberts,
representing a committee Of Minneap-
oils men, presided. Judge Artman Is
spending his vacation in making ad-
dresses, on the guarantee in each city
of $lOO for the fund which is to be
used by committee of seventeen in
Indianapolis to get the constitution
ality of liquor license laws before the
supreme court of the United States,
by taking up the decision which has
make Judge Artman famous.
BASED ON MORAL LAW.
Judge Artman's address led up from
the establishment of the moral law
by the Creator himself, to the estab-
lishment of government to enforce
this law. He then considered the
sale of liquor from the time before
laws were made regulating the traffic
to the present time. He laid the
foundation for the charge that the
license law is unconstitutional in the
general understanding that the saloon
is curse, quoting Gladstone to the
effect that the saloon works more
harm than the combined scourges of
war, pestilence and famine, and A b.
raham Lincoln's epigram that the
saloon is a cancer. He argued that if
the constitution insures the right to
peace, happiness, safety and welfare
of the community, it is unconstitu-
tional to permit the operation of a
business that destroys the rights in
herent in the constitution.
"This cancer should be eradicated,'
said Judge Artman. "This may be
accomplished merely by the observ-
ance of the fundamental laws ordain-
ed by our forefathers. The courts
have declared that Intoxicating liquor
in itself is dangerous to the health
and welfare of the community. Citl-
zenship is established for our safety.
1t does not confer on any person the
right to engage in any form OF occup-
alton that is Inherently destructive
to citizenship, The common law is
the law which has been enacted by
judicial legislation. Whatever is con-
ducive to the health, peace and safety
is lawful under the common law, and
conversely, the opposite is unlawful.
There is an essential connection be-
tween the common law and the moral
law, and there has been no time when
the moral law was not in force. The
standard of the constitution of the
common law and of the moral law is
the same. Civil government came in
to existence to enforce the moral law.
CoRRECTs A FALLACY.
"We have now come to the propo-
sition that an actual business or con-
dition may be immoral on one hand
and legal right on the other. l
want to say that this is a myth and
never had anything on which to stand.
If any immoral business or condition
has legal right, so any immoral con-
dition may become legal right. Then
we come to the proposition that a
moral right may be made a lega!
wrong. 1t is not question as tc
what the law is, but whether the
courts and judges have the moral
courage to arise to the exigencies OF
the case. If you accept the decision
of the Iowa supreme court, that the
saloon is curse and apply the prin
ciples of the common law, where will
you put the saloon? We must come
to the condition that the saloon, in
stead of being an inalienable right, is
condemned evil and curse.
"The supreme court of Indiana say:
no one has inalienable right to keel
saloon and the supreme court O
South Carolina says that the right tt
manufacture liquor does not inhere il
the right of citizenship. We make ;
foreigner pay for his citizenship ant
then for price may confer on hin
1 the right to destroy tranquility.
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