Hie Liquor Question. 



149 



tion, to all except the licensees, and as to them it is regulation. In the 

 absence of all governmental regulation it is now and always has been 

 perfectly legal and legitimate for persons to buy and sell intoxicating 

 liquors of all kinds with as much freedom as they would any other 

 commodity. But, in another aspect, the manufacture, sale and use 

 of intoxicating liquors of all kinds may be innocent, beneficial and 

 praiseworthy, or they may be dangerous to society and highly in- 

 jurious. Where, then, is the wrong in a legal sense ? Certainly not 

 in the manufacture or the sale or the reasonable use thereof, as such, 

 but entirely in the improper use which impairs or tends to impair the 

 usefulness of the citizen, disturbs or tends to disturb the peace and 

 quiet and well-being of society. We conceive this to be a reasonable 

 as well as a practical view of the question, which is in accord with the 

 proper legal attitude which government may assume with reference to 

 the traffic. With us the proper sphere of each is defined by the Con- 

 stitution of the United States and the Constitutions of the several 

 States. It is now generally admitted by courts and jurists that the 

 legislative branch of government is supreme as to the needs and re- 

 quirements of the people, and as to all matters proper for legislative 

 enactment, except in those particulars where the Constitution has 

 limited or withheld the right to legislate. 



The main guarantee of private rights against unjust legislation is 

 found in that memorable clause in the Bill of Rights that "no person 

 shall be deprived of life, liberty or property without due process of 

 law, nor shall private property be taken for public use without just 

 compensation," which is contained in the Constitution of our own 

 State, and the clause in the Constitution of the United States, that 

 <£ no State shall make or enforce any law which shall abridge the privi- 

 leges or immunities of citizens of the United States, nor shall any State 

 deprive any person of life, liberty or property, without due process of 

 law, nor deny to any person within its jurisdiction the equal protection 

 of the laws." I might multiply authorities to the same effect, but it is a 

 question so well settled as not to permit of controversy, and, except 

 under the circumstances which I shall have occasion to consider later 

 on, the common law recognized the right in any individual to manu- 

 facture, buy, sell or use intoxicating liquors with the same freedom as 

 any other kind of property. 



In 1855 the New York Legislature passed a prohibitory liquor law. 

 But does a law which effectually prevents and prohibits the sale or 

 use of property — of intoxicating liquors, if you please — fall within 

 the inhibition of the Constitution ? Perhaps I can do no better than 



