The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-01-31

| lest and best method of permanently /
securing the desired result Has state |
| the right to stop a man from selling |
I liquors il he sees fit to do 500 it will be 1
asked. We have looked up the records |
of the United States supreme court on |
/ this question where appeals from state |
\ courts have been made. We quote as
| follows from an opinion written by |
! Chief Justice Field:
Liquor Dealers Rights.
1T is undoubtedly the right of every
citizen of the United States to pursue
/ any lawful business under such restric-
lions as are imposed upon all persons of
! the same age, sex and conditions of life.
/ The right to sell intoxicating liquors.
| however, so far as such right exists, is
not one of the rights growing out of cit
izenship of the United States"
Chief Justice fancy; The records of
every state show greater amount of
crime and misery attributable to the
use of ardent spirits obtained at retail
liquor saloons, than to any other source.
The sale may, therefore, be absolutely
prohibited"
Chief Justice Miller: IF any state
DEGREES the retail and internal traffic in
ardent spirits injurious to its citizens
and calculated to produce idieness, vice
or debauchery, there is nothing in the
vent that state from regulating, re-
straining or absolutely prohibiting it.
Liberty itself, the greatest of all
rights, is not unrestricted license to act
according to ones own will. 1t is only
freedom from restraint under cOndi-
lions essential to the equal enjoyment
of the same right by others. 1t is lib
erty, regulated by law.
If, IN the judgment of the legislature
! a no %
eating liquors as a beverage would tend
to cripple or defeat the efforts TO guard
community against the evils attend
ing the excessive use of such liquors
it is not for the courts to disregard
the legislative determination on that
question. No one may rightfully do
what the lawmaking powers upon rea-
sonable grounds declares to be preju-
dicial to the. general welfare
Legislation is, of course, simply an
expression of public opinion or senti-
ment in the interest of order, decency
and liberty. 1t is no more a sump-
tuary law to restrict the sale OF manu-
, facture of slcOhols than tive sale of
cocaine, gunpowder or dynamite The
: opponents of such laws have had much
to say about the infringement of per
sonal liberty, but as we have said else
where, liberty is not unrestrictive
} license.
/, IF we were able, says $. Williams.
: in an article in the February Mcclure,
2 to consider the liquor question solely
= from the standpoint of the Psychologist.
= its solution would be easy. The human
S race is menaced by the use of alcohol.
e Let US then prohibit the use, manUfac-
e ture and sale of that drug"
The withdrawal of this drug, now used
o in such stupendous quantities, would
a not result in physical or mental dis
I y Gfp &c Ior- h.
n of our number in the hospitals, jails
= or almshouses of this city. The
n problem is, however, enormously
10 complicated by its economic bearings
Il One billion dollars of capital invested;
/. over 100000 people have their ex-
n elusive support from this industry
n thousands of workmen would be
> thrown out of employment. To re-
: move this industry suddenly would re-
p suit in serious and far-reaching finan-
/, | cial consequences. Not only so. but
. | within a few months of the abolition OF
n the saloon there would be a score OF
: secret bars, where now there is but
: one single public one. Hosts of law
abiding citizens would become habitua
!, law breakers.
u The only really debatable question is
: what particular limo of social or leg
islative activity is most likely to prove
effective in abolishing an acknowl-
edged evil.
q Plans to Abolish Evil.
2, Several different plans ave beef
d tried. 1 shall call your n to bu
It three of these; One, the : spe-Sary sys
= TEN; two, license; three, local option.
s Before speaking of these in detail
N we would say that the most importan
- question in regard to these OF an!
>. other liquor legislation, save absolute
q statewide prohibition, is this: Is
i adapted to secure the enforcement o
those restrictions in the sale of iiquo
- which the experience Of many year
snd places has found desirable. We re
= fer to the following:
= First-There shall be no sale L
y minors, intoxicated persons or habitua
, drunkards.
l. Second.-There shall be no selling O,
p Sundays, election days or legal holi
: days.
Third.-SaIoons shall not be above
10 be places OF amusement in any way
form or means
. Fourth.-Saloons shall not be license
: in any theatre or concert hail. no
within 500 feet of any school house o
: church.
;, Fifth.-Every saloon must be wild
open for inspection from the highway.
n Sixth.-There shall be limit to tn
ov hours for selling. The shorter tn
at hours the better
If Seventh.-The employment Of wome
le. as bartenders shall not be allowed.
he These restrictions can be and al
en- carrie ed out and enforced whereve
there is a reasonably good polio
81 force. provided always, however. thu
he public sentiment accepts them
Means Considered.
he will now consider the means whio
Is are likely to prove effective III cor
ca trolling the drink evil and lead up
- state prohibition.
rs First.-The Gothenburg or public di'
od pensary system is available in OF
rs country at any time that an enligh
ened public sentiment demands it. TIL
h, system places the whole liquor trait
'es under local or company control, el
IS f{re4v removes the whole feature
- profit. either for the state or for u
'-e individual does not allow the sellir
ri pIace to be made an attractive place
resort and brings about such cond
i tion of things that the baTkeeper h;
N no personal interest in his sales. A
for of mi