The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1910-07-15
MURDER NOT PROHIBITED.

MURDER NOT PROHIBITED.
And yet 1t Is Just as logical to oppose
the law against murder on the ground
that it is disregarded as 1t is to denounce
the efforts to prohibit the liquor traffic
for the reason that people will sell and
drink liquor in spite Of all laws.-Punta
Gorda Herald.
For the benefit OF my esteemed friend
Jordan, who is one of the saneSt men in
the state on every subject other than
prohibition, want to say there is no
prohibitory laws relative to murder. To
write such law upon the statute books
of this or any other state would be just
as foolhardy and just as little effective as
the present prohibitory laws relative to
the sale OF drinks. What would we
think of member OF the Legislature
who should Introduce an amendment to
the Constitution of the state reading
something like this: Resolved, That
murder shall forever be prohibited in
this state" Most of US would think he
was crazy, and he would doubtless get
free ticket to Chattahoochee before he
secured the passage Of that measure
John c. Trice in Florida,
Ii Mr.. Trice will turn to section 32e5
Of the General Statutes of Florida he
will find some positive law against muir.
der. This and following statutes not
only define the different degrees of
murder, but fix the penalties for the va
rious degrees, from death, to life and
limited years in the penitentiary.
Murder is also prohibited (by impli-
cation) not only in the constitution of
the United States, but in the constitu-
lions of the various states.
That clause of the constitution which
guarantees 10 every citizen life and lib
erty ought to be sufficiently clear TO
make a man OF average intelligence I'M
derstand that he could not deprive
another of them other than by due pro.
cess OF law.
Murder is certainly prohibited by i'm
plication in the constitution OF Florida,
and by positive law in the statutes OF
the state.
1t is useless to discuss the principle of
prohibition as applied TO the beverage
liquor traffic. That the state has the
right to outlaw such traffic is principle
held by the highest courts of the land.
In the case of Crowley VS. Christensen,
1877 U. S. ST. II Supreme CT. 49,, MIR
Justice Field says: THE police power
of the state is fully competent to regu-
late the business, to mitigate its evils, or
TO SUPPRESS 1T ENTIRELY. There
is no inherent right in citizen to sell
Intoxicating liquors by retail. 1T IS
NOT A PRIVILEGE of citizen of the
state or the United States. AS 1t is a
business attended with DANGER to the
COMMUNITY, it may, as already said,
be ENTIRELY PROHIBITED, or be
permitted under such conditions as will
limit to the utmost Its evils"
Chief Justice fancy said: And if
any state deems the retail and internal
traffic in ardent spirits injurious 10 its
citizens, and calculated to PRODUCE
IDLENESS, VICE, or DEBAUCHERY,
! see nothing in the constitution OF the
United States to prevent it from regula-
ting and restraining the traffic, or FROM
PROHIBITING 1T ALTOGETHER, if
it thinks proper"
The question is before the people Of
Florida, as to what the future policy Of
this state will be regarding the bever.
age liquor business.
AS we have shown, some pretty good
authority has defined our rights in the
matter, and
Those OF US who believe the business
should be outlawed will vote in favor OF
the proposed prohibitory amendment,
(which prohibits it altogether" and
which reads as follows:
Article XIX-Section /. The manu-
facture and sale, barter or exchange, of
all intoxicating liquors and beverages,
whether spirituouS, vinous or malt, are
hereby forever prohibited in the State Of
Florida, except alcohol for medicinal,
scientific or mechanical purposes, and
wine for sacramental purposes; the sale
of which alcohol and wine for the pur
poses aforesaid shall be regulated by
law.
Sec. 2. The Legislature shall enact
suitable laws for the enforcement OF the
provisions of this article.
Sec. 3. This article shall go into
effect on the first day of July, A. D. 1911.
There is nothing funny about it, as
Mr.. Trice would have you believe.
In order to outlaw the beverage liquor
business in Florida, 1t will be necessary
to amend the constitution, which now
leaves the matter OF its regulation, or
prohibition, TO the people by counties.
If this amendment is adopted by the
people, the legislature will take care OF
the question OF suitable punishment for
violators.
lust as II has already the matter of
violations OF the constitutional guarantee
to life. 1t will make the punishment
fit the crime" And that, Mr.. Trice, is
"our object all sublime"