The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1914-05-28
IA[OON RIGHTS
OF PROPERTY
bQuOr Interests Claim PfOhl-
bitiOn would Cause them
Heavy Property Loss.

The liquor ira file claims that thsy
AZ aye invested in~-breweries, saloon
'.. xtures, etc, millions Of dollars in
be state of Idaho: that to prohibit
l- manufacture and sale Of intoxi-
tnting liquors will DESTROY property
t.e value OF millions; that 1t is
uuunts to con iscatiou. They urge.
Ia the state Is To adopt the prOhibi
lou policy, that these men he re-
unerated for the value of the pro-
berty thus destroyed An examiua-
hon uf these claims shows that the
ho,e contention Is based upon a fal-
<hcy. fhe purpose Of organized gov
Eminent is the preservation of safety
and health, and the promotion Of
bubble morals. Government has a
fight to protect public morals, be-
tause the Immoral has no right to
Existence or liberation. and because
ice in pairs the strength OF the com
nunity and spreads evil examples,
ud- tends to corrupt Others
81 Using its police power state has
5 the right to destroy any property.
81 however considerable its am punt may
De, II in any way it iDterferes with
he morality, health or peace OF so.
eiety. This doctrine Is set forth III
lie strongest possible language 10y the
Supreme court of the United States il
+ The case OF Lawton VS. Steele, li2 L..
D. 1873, as follows.
II The extent and limits OF what is
known as the police payer has been
b fruitful subject of discussion in tile
appellate courts of nearly every state
in the union. 1t is universally CON
7reded to include everything essential
b. the public safety health ana NOR
als, and To Justify the destruction OF
aUatenent, by summary proceedings,
Nuf whatever may ne regarded AS a
Epublic nuisance. Under this pU~er
Iit has been held that the state may
order the destruction OF house fall
in. to decay or otherwise endanger
ing the lives OF passersby the de-
molitioB Of such as are in the path of
|cont1sgration the slaughter OF dis
.eased cattle: the destruction of de-
|eay@d or unWholesome food: -the pro
hihition OF wooden buildings in
cities; tie regulation Of railways and
other means OF punlic conveyance,
and the inteTmtnts in burial grounds
the restriction of objectionable trades
to certain localities; the compulsory
vaccination of children: the oonhne
m5nt OF the insane or thuse afflicted
with contagious diseases: the re-
straint of vagrants, beggars and La
bital dTunkards; the suppression Of
nbscene publications aud houses of i'll
fame; the prohibition OF gambling
houses and places where intoxicating
liquors are sold.
In the case of Stone vs.. Mississippi
l0l L. s., Sl4, the supreme court
goe, further by declaring that no leg
islature cen legalize or give perman-
ency 10 any business that interferes
with public health and public morals.
Or IN language AS follows:
NO legislature can bargain away
the public health or public morals
The people themselves cannot do ii,
u8n.h Lass flair sar gant.
The supreme conrt Of Connecticut,
ia passing upon similar question,
uses language as follows.
No corporation or individual can
acquire any rights, by contract OF
otherwise, which the government
may not annul ana tax. away, II the
exercise of such rights b-comes detri
mental to the public health or tie
public morals.
The relation Of the liquor traffic "a
public morals was defined wears aVo
by tile supreme court in the case OF
Cro~ley v. Christensen. lJ7 L. )
81, IL supreme court, Rep. Is, which
is the most crushing blow ever given
To the liquor traf1c bY any Judicial
tribunal. Among other things the
court said.
BY the general concurrence Of
opinion uf every civilized and Chris
I an copHunity, there are ie slutc-
es Of CrIms and misery TO suciett
e iuAl TO the dram shop. ~ller intaN-
icating liquors, In snail uulntitir~,
TO lie drunk At the time, are Sold jn-
di efimi"Atsly To al paFl les app, lnE.
Th- Statistics Of evvry stat >uoS
9rsatsr an cunt OF crime and HIseTy
attributable t. tue use Of Arde {
spirits obtained al these retail ilquaT
saloons than To any other >.grce.
There il no inherent right iu citi-
zen to sell Intoxicating liquors b, r.
tai. IL il net y privilege nt 4 citizen
Of the state ~ citizen Of tle JuiI-
ed States
with lniS clearly in mind il At
once becUmes abyiou> tnst there IS
no inherent right ia tie liquor susi-
nes>. It Is tolerated at the ~ill Of
tie people. The iA~ 81 THE and,
tile law of oar go~ernmeuI slu,u,I
fTom its heginniHg las b--n lhat
q -. rhaHF u-Naaa s.fsgs