The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-07-06

tered voters of the State have been obtained
by the saloon element and the State is being
fooded with costly literature ostensihly for the
purpose Of educating the people OF the question
to whether the sale of liquor should be
licensed in the State Of Virginia but in reality
~ 1-islead and to deceive them upon this ques-
til n
Many lawyers who live in what is known as
~ Ct localities" or localities in which the sale
of intoxicating liquor IS licensed, have publish
ed tacir views upon this question. the prtn-
clpal among them Mr. Royal Il. Cahell
1 received letter from Mr. Ben p Owen.
Jr, written from the Headquarters Virginia
Association for Local Self-Ciovernment," to-
gether with the speech Of Mr.. Royal Il. Cabell.
which the Liquor Mems associations seem 10
have adopted their platform and recognized
the strongest possible argument that can he
advanced to sustain their claims the right to
sell Intoxicating liquor and Mr. ROYAL f. Cahen
Is evidently their champion heavyweight fighter
IN their
II strikes me as rather peculiar they should
have selected Mr. ROYAL r Cabell for the posi-
tion he fills. and rather curious that Mr. Royal
Z. Cabel never learned until after the loss Of
his federal job and the Democratic administra-
ton under President Wilson Is IN fun swinE
that the Democratic leaders and the Democrats
we're such splendid people gave such good adj
vice and that the citizens of Virginia always
be relied upon to meet, they have always
met, every attack against the rights Of the peo-
pie and viii always preserve intact for ourselves
{
self governments. when every wc}-tnrormed man
j knows that the Democratic party has made tho
laws and controlled Virginia and by enormous
matorites have fixed her policies since they
regatued control of Virginia in 1854, and MI
. Royal r. Cabell has heen the political side
opposed to these policies that he says are
good, nr the majority Of Njrginans have de
termnod by their votes 20 he good and has been
recognized by those who making and have
+ been making attacks upon the policies Of NiT
f e he q q
might say, the leader Of the attacking party.
and the follower Of the policies Of Maine
Kansas and other States. that he denounees
the policies Of as lawless. particularly the
liquor question. and has been rewarded for his
ATTACKS upon those good people" who ear
always he relied upon IN do the right thing ~
the right time, by being kept in office almost
continuously from the time he has been ah1e 10
cast his vote. Having graduated from Rten
mond college law school. about 1901. holding
The position of postmaster of Richmond and
+ internal revenue collector. Republican appo}rt-
nents he has certainly had but little time r
gain the distinction a member of the Ricb
mond bar which Judge Christian referred
And l wish to discuss Of the questions
that raised a result Of the mass meeting
In Richmond Nav a 1914. where and when our
distinguished Richmond Dem ocrats were Taught
political issues and what splendid people they
! and their leaders were by a man who never had
seemed know II until he lost his Job and who
FOR the first time in his life undertook to teach
ton
+ 1 submit that the sale of liquor is moral
If not a legal crime and belongs to that class
OF crimes classified mala per Sc or bad within
itself and that II is SO recognized by the courts.
by writer's and 10y legisa lures. and should.
therefore. be made crime by law.
A crime Is an committed or omitted 81
violation Of public law, either commandne
or prohibiting the act. Cherry the Com
monwealth, IS Va, 3S4 4th Blackstone, page
I Mr. Rice in his admirable work on criminal
! evidence, quoting from the New York penal
code defines crime, act omission for
hidden by law and punishable upon conviction
by death. Imprisonment fine. Rices Crimina
Evidence, page ..
Mr. Black in his work on constitutional law.
accepted by all of our courts AUTHORITY. under
/ Police Powers Of the States says: "subject
TO authority Of congress- within the sphere OF
its riRhtful powers, and suhiec, any restric-
tions imposed by the constitution, the legislature
Of each state possesses fun power to enact
I police regulations matters relating to
y / The preservation of the public peace and
order
. The prevention and punishment If crime
Z. The preservation of public safety.
I 4 Purity and preservation of the public
morals
/ 5 Protection and promotion Of public health
6. The regulation of business, trades or pro-
4 fesson, the conduct Of which may affect one or
other Of the subjects just enumerated Black 5
Z. EtACtOn
/ In delivering the opinion Of the court IN the
case Of Crawley. chief of police of San iran
cisco, Cal, VS. Christensen, which was brought
] to test an ordinance of the city regulating the
Issuing o liquor license and taken UP to the
! Supreme Court of the United States In deliver
/ ing the opinion of the Supreme Court of the
United States sustaining the validity Of he ordi-
nance Justice Fields said at il he right Of
every citizen to pursue any lawful trade or bust
ness under such restrictions are imposed upon
/ all persons of the same age, and conditions
but the possession and enjoyment Of all rights
are subject to such reasonable conditions as may
! be deemed by the governing authority of sthe
/ country essential to the safety, health peace,
good order and morals Of the community Even
! liberty itself the greatest of all rights is not
| unrestricted license to act according to ones
own win. II is only freedom from restraint
under conditions essential to the equal enjoy
ment of the same rights by others It is then
Z liberty regulated by law For the pursuit of
any lawful trade or business the law imposes
conditions, regulations restricting them are
almost infinite. varying with the nature o. the
business. Some occupations by the noise made
in Their pursuit, some by the doors they en-
gender. &c All this is but common knowledge.
/ anil would hafdy be mentioned were it not for
/ the position ,ften taken and vehemently pressed.
that Their, is something wrong in principl. M
! objectionable in similar, restrictions when APP
pa,l 20 the tUs Of selling hv retail sr', tes
f an Intoxicating iiQaors, II is urged that a