Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-03-10
ALBUQUERQUE TO
HEAR ] UOGE
ARTMAN
JuRIST WHO DECIDED
SALOONS WERE OUTLAWS
Visit Recalls Famous Decision
That Legislatures Have No
Right to License Sale of In
loxiCantS,


njces of the Anti-Saloon league. Judge
Amman is the Indiana iurist who, OH
February - 1907. in the Boone coun-
~ circuit court, handed down a de-
cisfon that the legislature had no
right to license the sale of intoXicat-
ing liquors; no more right than it had
to license any other crime.
Judge Artman held that the retail
lluuOr business has no legal standing,
ON the ground that it is not one Of
the inherent common law rights of
citizenship. since the business is dan
gerous to public health, public morals
and public safety.
Legislature Can't Give Right.
The legislature, Judge Artmar de-
clared cannot make lawful for a
price that which Is unlawful, because
that cantravenes the fundamental
principle Of government In other
words, the legislature cannot legalize
a menace to public health, nor can
the state, under tne guise Of police
regulation looking to the public NOR
ais. license the saloon business.
A wealth of opinions from the
higher courts of many states and OF
the United States supreme court,
bearing on these contentious, was
quoted in the decision. Some Of the
decisions quoted showed that both
federal and state courts had ruled
that no form of gambling, such as
lotteries etc, could be legaliZed, since
they are a peril to the welfare of So
cicty. In this connection, Judge Art
man pointed out many Of Nthe same
courts had held that the sale of in
toXicants was a menace to the wei
fare of the community. and held
therefore, that if il was right to de-
clare gambling unlawful it was right
to declare liquor selling unlawful
IL Menace to Society,
can the legislature" his decision
says, "legaliZe the destruction of the
public health, the public morals and
the public safety? Can the legisla-
ture make lawful for price that
which is unlawful because it contra
venes the fundamental principle of
government? surely not. In the alb
sence of a license the police power of
the state regards any business, the
inherent character, tendency and eff
feet of which is to destroy the pub
lie health. the public morals, or the
public safety, as immoral and unlaW-
ful This is what the cases hereto
fore cited mean by holding that the
right to engage in the sale of intoN-
icating liquors is not a common law
privilege, inherent in the rights of |
citizenship.
1T is not a right Of citizenship, be
cause, as the cases hold, its existence |
is detrimental to society and danger !
Gus to public and private morals ana |
to the peace and good order Of So !
ciety"
As We'll IegaliZe Crime
In summing up, Judge Artman |
said: IN view of these holdings, |
based as they certainly are upon good |
reason and sound common sense, it |
must be held that the state cannot, |
under the guise Of license, delegate |
to the saloon business a legal existence, |
because to hold that it can is to hold |
that the state may sell and delegate |
the right to make widows and or |
phans, the right to break up homes, |
the right to create misery and crime, |
the right to make murderCTs, the |
right to produce idiots and lunatics. |
the right to fill orphanages, poor |
houses. insane asylums iails and pen
itentaries, and the right to furnish |
subjects for the galloWs." - Chicago |
Tribune.
The Summing Up of the Case.
The following is the summing up |
Altman, in which he held that the |
state could not license the liquor bust
ness, because the business is immoral: |
I'm view of these holdings, based on
they certainly are upon good reason
and sound common sense, ii must be I
held that the state cannot. under the |
guise of a license delegate to the sa-
loon business a legal existence, be-
cause to hold that it can is to hold |
h0 h. ~ I
the right to make widows and or
phans, the right to break up homes
the right to create misery and crime,
the right to make murderers, the
night to produce idiots and lunatics
the right to fill orphanages, poor
houses insane asylums, jails and PEN
ltentiaries, and the right to furnish !
subjects for the hangman's gallows
The supreme court of Indiana, the
supreme courts of many other states
ana the supreme court of the United L
states, have already so far passed the
middle of the stream upon the ques-
ton involved in this case that return
would now be more difficult than to
go over. GO over is merely to draw
the natural logical and inevitable con-
tiuston from the declarations and
judgments of the courts TO return !
would mean either to abandon the
''JuulcdtlOn tnaI the saloon business
Is unlawful at common law, or to ;
mold that a business which has been
adludged by the courts to be unlaw
at common law because it natur-
ally and Inherently endangers the ]
health, comfort. safety, morals and
welfare of the people, may be legal
lzed for money. Some court may so &
mold in this case, but II will not be
uohe by this court. If it is done by q
any court, it must be done by the !
court that has already held the bust
ness to be unlawful because Of its in !
herently destructive effects upon So {
ciety. h
With due appreciation Of the re-
Spnnsibilities Of the occasion, con- {
seious Of my obligations under my \
oath, to Almighty God and to my {
fellow man, | cannot by a judgment {
ot this court, authorize the granting !
Of saloon license"
This position by Judge Altman Is !
me same that has been held and adj !
Vocated by Anti-Saloon League work
ers for q good while IT IS the logical !
and inevitable one into which our
courts must come in their dealing q
with the licensed saloon problem The
saloon Is immoral in its influence up 4
ON social life That Is q fact as real. q
aS apparent and as widely admitted S
y Is the loteX. rs sxistence is as
detrimental TO public well being as 9