Year: 1877

instructing them to find indictments against
the Excise Commissioners, directs attention
to an important subject at time which IS
not very inopportune. Restrictions on the
sale of intoxicating liquors are so closely
related to those great interests Of society,"
public order and public morals, that
judicial officer deserves well OF the COM
munity who sharply and pungently ex-
poses the necessity for better legislation.
In some respects the charge of Judge Davis
is so singular and extraordinary as to pro-
woke criticism, but there may be valid
answer to such objections asscould be urged
against it.


The position that all laws should be rig
orously enforced, regardless of circum-
stances and of natural equity is not entirely
tenable. For example, our State constitu-
ton, adopted in 1s46 forbade the suspen-
sion of specie payments by any Of our banks
and made the absolute forfeiture OF their
charters the penalty of suspension. In the
great financial panic of 1857 all our State
banks did actually suspend, but this pro-
vision of the constitution was not enforced
against them. Our higher courts thought
it wise to temporize, and by strained and
ingenious Interpretation Of the law they ex-
empted the banks from the necessity Of
winding up their business and saved the
community from the loss and incon-
verience which would have resulted
from utter destitution of bank accom-
modGtions. Similar cases occur in the
L: IN
English laws which have fallen into dssue-
tude by the failure Of the authorities to
enforce them, like our unrepealed law in
this State forbidding labor on the Sabbath.
In England the Bank act of 1914 forbids the
issue Of notes beyond certain amount with
out an equivalent deposit of bullion, and
yet the Ministry has thrice suspended that
law, trusting to the subsequent action ofPar-
lament for indemnity. Some forty years
ago we had law in this State prohibiting
the circulation Of small bank notes, but it
was o dead letter from the day OF it's enact
ment by the sheer necessity of having a
currency for small transactions. AS the
mere prohibition Of notes less than
five dollars did not bring in coin 10
take their place the convenience of
the public prevailed over legislative
enactment. We cite these instances to
show that the strict enforcement of all laws
without regard to exceptional circumstances
has not always been regarded as para
mount duty. Whether the present mutt
lated Liquor law falls in the same category
is question on which judgments of men
will not agree rs they do respecting the
non-enforcement Of the law which makes
the Sunday work of the employees of our
street railroads illegal. The point we make
is that the existence of law in the statute
books is not always regarded as acontrolling
reason why it should be enforced.


An argument on this point may be drawn
from the course OF Judge Davis himself.
The greater part Of year has elapsed
since the Liquor law has been in
it's present anomalous condition, but
this energetic magistrate has for
borne until now to call the attention
of grand juries to the subject. How has
it become any more his duty now to see
that the act of 1857 is strictly enforced
than it was last spring? If he was justified
in turning blind eye to its violation for
SO long period, why could he not have
temporized little longer when we are
within less than six weeks of the meeting
of a new Legislature? That the law will
remain in it's present state we suppose no.
body believes Our judges having bridged
over the greater part of the interval between
the adjournment of the last and the meeting
of the next Legislature, why could not Judge
Davis have reconciled his Judicial con-
five weeks? If the duty OF enforcing all
laws is imperative how could he have failed
to make the discovery until new Legisla-
ture has been chosen and is about to meet?


We do not ask these questions by way Of
censure, but as basis of justification. 1t is
precisely because the assembling of the Leg
islature is so near at hand that we think
Judge Davis has done well in making this
vigorous attempt to enforce an impolitic
law. BY the 1st of January he will have
put things in such condition that the Leg
islature will be constrained to act early and



will have seriously suffered. If this Grand
Jury, in obedience to Judge Davis direc-
tions, finds bills of indictment, the period
is SO late that they cannot be tried before
the Legislature meets The only inconven-
ience which the indicted parties can suffer
will be that of giving bail for theirappearance
in court whenever their cases shall come on
for trial. Meanwhile the necessity for early
Legislation will have become so urgent that
law of some kind will be enacted putting
the liquor traffic on such u basis that no.
body can afterward be in doubt respecting
his duties and liabilities. The present dis
graceful farce and muddle cannot be- per-
mittcd to continue, and it will be ended all
the sooner by the sharp reminder given by
InJ.,o nopia on the of the mpofln0 pf