Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-15
SALOONS LEGAL STATUS.
Hon. Henry w. Cakes Disposes of
Rum Trust FaIiacies.
CLewiston JournaI.)

tIeW1Ston JOufndL)
The saloon is a recognized public
evil. and must be dealt with either By
restriction or prohibition
From great number of similar de-
cisions by the Supreme Court of the
United States and by state courts,
quote from two. one an opinion by Mr.
Justice Field in the case of Crowley
vs.. Christensen 1877 L. S. Sc, and the
other an opinion by Mr.. Justice Pow
ers in the case of Currier VS.. Mckee
~ Me- 4l2, the latter being an action
ny mother against a person selling
liquor to her son. causing him to be-
come intoxicated, and to get into a
night in which he was injured, depriv-
ing her of his support.
Justice Field uses This language.
II Is undoubtedly true that II is the
flght of every citizen of the United States
TO pursue any lawful trade or business
uhoef such restrictions as are imposed
opoi, an persons of the same age, sex and
eonditlon. But the possession and en-
Joyment of all rights are subject to such
teasohdple conditions as may be deemed
ny the governing authority of the coun-
Try essential to the safety health Deace
good order and morals of the community
Even liberty itself, the greatest of All
rights is not unrestricted license to act
> |
freedom from restraint under conditions
essential to the equal enjoyment of the
same flght by others. 1t is then liberty
IeSuiated by law The right to acquire
ENJOY ana dispose of property is declared
IN the constitutions of several states to
De one of the inaienable rights of man
But TINS declaration is not held to pre-
ciude the legislature of any state from
passing laws respecting the acquisition
enjoyment and disposition of property
what contracts respecting it's acquisition
n ion ,Ias.lI
Void or voidable; when they shall be in
writing and when they may be made oral
~, ana by what instruments it may be
conveyed or mortgaged-are subjects of
constant legislation. And as to the enjoy
inent of property, the rule is general that
It must be accompanied with such limita-
IONS as viii not impair the equal enjoy
ment by others of their property. Sic
utere tue ut alienum non laedas is a
maxim of universal application"
For the pursuit of any lawful trade
or business, the law imposes similar con-
dltlons. Regulations respecting them are
almost infinite. varying with the nature
of the business. Some occupations by the
noise made in their pursuit some by the
odors they engender, and some by the
dangers accompanying them, require
regulations as to the locality i'm which
they shall be conducted Some by the
dangerous character of the articles used
manufactured or sold, require, also spec
ial qualifications in the parties permitted
70 use, manufacture or sell them All
this is but common knowledge. and would
hardly be mentioned We're ii not for the
position often taken, and vehemently
pressed, that there is something wrong
IN principle and Objectionable In similar
restrictions when applied to the business
of selling by retail, in small quantities
spirituous and intoxicating liquors 1t is
urged that, as the liquors are used as a
beverage. and the injury following them
If taken in excess, is voluntarily inflicted
and is confined to the party offending,
their sale should be without restrictions
the contention being that what a man
shall drink, equally with what he shall
eat. is not properly matter for legisla-
ton"
There is in this position an assump-
ton of a fact which does not exist, that
when the liquors are taken in excess the
injuries are confined to the party offend
ing. The injury, it is true, first falls up
on him in his health. which the habit un-
dermines; in his morals which 1t weak
ems: and in the establishment which II
creates. But, as it leads to neglect OF
business and waste of property and
general Generalization it affects those
who are Immediately connected with and
dependent upon him. By the general con-