The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1909-08-28


OF the Warner Cramton LIQUOR law,
which goes into effect Sept, 1. one OF
the strongest and most effective oppon-
ents OF the liquor element In the last
legislature, has issued the following
statement With reference TO Edwin
Henderson's critism Of the Warner
Cramton law
"Tn no instance Ia Mr.. Henderson
sustained by the law In his charges OF
unconstitutionality. His desire to en-
tighten the state may be the best. but
bis effort reveals surprising lack OF
acquaintance with the facts and the
law pertaining to the subject.
He charges that Sec. l Is Invalid
because 1T discriminates against the
foreign wholesaler. II does not so
discriminate. The law requires the
foreigner to pay the same license lee
as is provided in this section for resi-
dent person, etc. The case cited oy
him, 2l6 u. s. 4i6. is not in point, as
under the statute considered in that
case no tax was imposed on residen1
wholesaler.
'He further charges Section Is IN
valid because it interferes with inter-
state commerce which Is only under
the jurisdiction OF the federal con-
gress. citing 1876 U. s. l6i. He has
not kept up with his statutes ana cases
Of the past few years. The case citeo'
even II in point. has been nullihed.in
effect by federal statute, the Wilson
act. 90 statute laws 3l3, Chapter TO
This provides. in brief. that all intox'
icating liquors taken into a state shall
upon arrival. be subject to the ponce
powers OF that state to the same extent
as though produced sustained ana con-
strued TO protect statute OF Soutn
Dakota similar in purpose TO ours, but
harder upon the foreign brewer
"The provision as to native wines
and elders. so copiously attacked by
him, has been In the law without
change for twenty years or more ana
undisturbed by the court.
THE provisions as TO arrest without
warrant and closing Of saloon found
open at unlawful times are SAID to DO
| Invalid, citing 6s Mich. 557. He over
looks People VS.. Rohrer, Ill Mich. 81,
which further constructs this section,
and also overlooks the fact that the Old
law has not been -changed-on these
points in the Warner Cramton law ex.
cept to cut out the unconstitutional
provision as to double punishment
He again cites 6s Mich. 557 as au
thority for his opinion that the reyoca'
tion OF license on second conviction Of
violation OF the liquor laws IS invalid.
This charge, IL true, would be the
most serious Of ALL Happily, 1t Is not
true In the case he cites, the dealer
paid an annual tax. and II was held
that to take away the business 90
which the tax had been paid would be
unconstitutional The most important
feature of the amended liquor law, in
my Judgement. is in this connection.
The money now paid by the dealer IS
paid as a fee for license. and the au-
thorities uniformly hold that a license
can be- revoked for cause. Further
more. when license is applied for,
the application must contain an agree
ment that In the event Of the issuance
OF license to such applicant, upon
such application such license be- revok-
cd as provided in this act. This is
reasonable agreement 10 obey the laws,
ana revocation according 70 the argee-
ment would certainly be valid.
''The authority given the county
treasurer Is Section = TO determine the
necessity for new bond in certain
specified cases is declared invalid, cit.
ing 0s Micn. 556 In the statute there
considered no hearing was provided for,
In the Warner Ciamton law the old
statute is amended by adding this pro
vision
Provided, however, that no new bond
shall 10 so required until the principal
and sureties upon such bond shall have
been served with notice, fixing a
time and place when and where the
county treasurer Will give such prin-
cipal and sureties. opportunity TO be
heard a. to why sucn bond should not
be cancelled.
"To sustain himself. Mr.. Henderson
quoted from 90 Mich, 500 but either he
did 30 carelessly or the printer was
careless. for there was omitted, with.
out any indication OF 1t, this important
sentence, which is the baiss Of the fore
going amendment and sustains IFS val.
idity
The specified causes so far as they go
are not illegally laid down, although
the law Is deficient In providing no