The Hartford republican. (Hartford, Ky.) 18??-1926, 1911-08-25
JUDGE GREAR'S SPEECH


the peoples LEGISLATURE In this Their
Is no ground for compromise. no place
for temporizing. The liquor lobby Is
the bellwether OF the whole flock Of
professional lobbyists at Frankfort. II
| NEEDLES in all sorts Of legislation. IL
dominates the committee on morals
and religion" as we'll as the other inn
portant committees In the legislative
bodies. Il and its allies have thwarted
all manner Of legislation; they use
their power Of blocking legislation to
trade for votes on their special sub
jects. They are the most blatant and
dangerous enemies OF the State. and
| yet they are in control of the legisla-
ton OF the State.
Constitution and Liquor Question.
You will have observed that have
apparently assumed in this discussion
that the constitution requires that the
county shall at some time be the con-
trolling unit In voting out the sale Of
liquor by retail. 1t would not be fair
debate to make any such assumption
II IL were really an open question. 1
do not think II is open. However, GER
tain learned newspaper men have
taken the opposite position. They
deny that such is the meaning of the
constitution. Certain lawyers contrib
uting to their columns sustain their
views by expert opinions on the sub
ject. They assert, and will U take IT'D
attempt to maintain that Section 81 of
the constitution means that the pre-
cinct must be the controlling unit.
whichever way 1t may vote on the ques-
ton. These papers have gone so far
as to impute to me dishonesty in as
Stunning the attitude | have taken In
stating the meaning of the constitu-
ton. They say my declaration Is
fraudulent, and the construction false.
| will not handy epithets. They are
neither evidence nor argument Con-
ceding to my adversaries even honesty
of purpose and desire to state the
question in its true aspect, | must
nevertheless maintain my declared
construction Of the constitutional con-
struction which has also been charac-
terized as dogmatic. My own opinion,
in view of my interest in my own can
didacy, might be taken by the public
with allowance, however good my op-
portunity for having formed an ac-
curate opinion on the subject. The
construction which assert to be the
correct one is, it is true, my opinion
as a man and lawyer. 1t Is shared,
know, by many others more capable
as constitutional lawyers. Still, that
would leave the question an open one
for discussion, If that we're all. The
opinion shall from time to time be
R..II II, H.. .lzIo
so that the public may have the am
plest opportunity for weighing 1t on its
merits. But today | go no further
than to say that the construction for
which contend is the construction
placed on the section by the Court of
Appeals of Kentucky = the supreme
judicial tribunal of this State - that
tribunal to which Is, confided by the
constitution and laws of the State the
final. conclusive decision of such ques-
tions. The decision was given In a
case-in a number Of cases. in fact
in which the question was squarely
and necessarily presented for deter
Mutation, and which the Court was
bound to settle. 1t was settled after
elaborate argument before the Court
by able lawyers, who had carefully and
fully studied 1t, and who presented
every one of the arguments against
the conclusion reached which our adj
versaries are now presenting. The
court was composed of seven members.
one of whom at least was member Of
the convention which framed the con-
stitution. The opinion appears as the
unanimous judgment of the court. II
there Is now a dispute as to what that
provision of the constitution means, to
what source must the public look for
enlightenment? To interested parties?
To politicians having a race at stake?
To newspapers seeking political
issue, or serving the Directing liquor
trade? Or to that court which you
have established for the settlement for
you of Just such controversies? ! will
not maintain that the courts are infal-
lible. even in their construction OF
laws; nor that thereafter the public
may not refuse to accept their opinions
as conclusive when further legislation
is proposed. But I do maintain that
so long as the opinion Of the court
stands, 1t is the law of the land. and is
sufficient justification for any mans
assumption that that construction OF
the constitution is the correct and
legal construction. II the political
representatives Of the Democratic
party assembled to write a platform
for this campaign. inspired, by certain
powerful newspapers, desire to attack
the courts construction Of the consti-
tuition; II they dare appeal from the
Court of Appeals to party voters, put
ting the question of party expediency
first, that is their privilege, to be
sure In that event. | win feel called
upon, and will undertake, to defend
the courts construction as the legal
construction. as the logical construc'
ton, and as the best policy for the
State to adopt, even II the constitution
were silent on that point. But the
liquor interests will not abide the de-
cision Of the question adversely to
themselves. no matter who decides II.
II the Legislature so declares the law,
II Is attacked as unconstitutional. III
the courts sustain the legislation. the