158 



The Liquor Question. 



lation cannot rightfully go. While every posssible presumption is to 

 be indulged in favor of the validity of a statute, the courts must 

 obey the Constitution rather than the law-making department of 

 government, and must, upon their own responsibility, determine 

 whether, in any particular case, these limits have been passed. And 

 again, the courts are not bound by mere forms, nor are they to be 

 misled by mere pretenses. They are at liberty — indeed, are under a 

 solemn duty — to look at the substance of things, whenever they 

 enter upon the inquiry whether the Legislature has transcended the 

 limits of its authority. If, therefore, a statute purporting to have been 

 enacted to protect the public health, the public morals or the public 

 safety has no real or substantial relation to those objects, or is a palpa- 

 ble invasion of rights secured by the fundamental law, it is the duty of 

 the courts to so adjudge, and thereby give effect to the Constitution/' 



Here, then, are the duties, and here the limitation of legislative 

 power. So long as the legislative enactment fairly embraces those 

 matters which are within the police powers of the State, if the legis- 

 lation is aimed to protect and preserve the public health, the public 

 morals or the public safety, or to promote the general well-being of 

 society, it must, in the nature of things, be the supreme authority 

 with reference thereto, and is binding upon all. In what manner or 

 to what extent the legislative branch of the government will exercise 

 this power becomes at once a matter of legislative discretion and judg- 

 ment. For, as was said by Chief Justice Marshall {Brown v. State of 

 Maryland, 12 "Wheat. 419) : " Questions of power do not depend upon 

 the degree to which it may be exercised; if it may be exercised at all, 

 it must be exercised at the will of those in whose hands it is placed." 



Whatever differences of opinion may have been expressed by the 

 courts in solving this great constitutional question, I believe it may 

 be safely affirmed that the current of judicial authority in all the 

 States, as well as that of the United States Supreme Court, is to the 

 effect that if the legislative branch of the government, in the exercise 

 of its police powers, should determine that the manufacture, or sale, 

 or use, or the keeping for use, as a beverage, of intoxicating liquors, 

 was detrimental to the public health, or the public morals, or was in- 

 jurious to society, then it could adopt any restrictive measure it might 

 deem necessary. It could declare such liquors forfeited, and direct 

 their destruction. It could declare such manufacturing establish- 

 ments public nuisances, and direct their abatement as such. It could 

 positively prohibit the manufacture, sale or use of intoxicating liqnors 

 as a beverage, or it could license with whatever strictness it might 



