OCR Interpretation

The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, January 17, 1888, Supplement, Image 2

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1888-01-17/ed-2/seq-2/

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1 Its Causes and Bearings.
Read before the Social Science TJTnETn
December, 1887, bv L. h. Van bljke, f ro-
leseaflll, ffiSiuislryQalio Co K-ce33
J i i f
nfJiW&atinfi has. AiEt
nonular mind. Iiecome WrFQ&civ
associated, if not sjnonymous, with
poison. Such an opinion, founded on
vaue. Jaiowledge. and sensational
nelaPr afticles, thoT5hiiffnimiy
iifsianccstruc'enotighj iB'byitior means
true of adulteration in general. AVe
cannot find in the dictionaries a full
and accurate definition of the word, as
understood in connection with ''the
trades and professions. Thcwpxtl has,
in comparatively recentearsi taken
on a technical signification; whicIiSin
cludes what other words"itreK)ffeaUSeil
to express, as soplusticatibnj 'subs'tltut
tion. etc. . '' 4
In this comprehensive sense,-adul-
leniiion may ue ueuueu aa"uy-irc7t--
tionai aaauwnw or suosmuiivn, m
part or in whole, in Jhe genuine ar
ticle, of any foreigri;hdrnifitlr or inert
substance; or the. intentional abstrac
tion, in wIiolcbr'inp"art,fromJhe
acnuine article, oP'ansj valuable con
stituentwith the cx2)rcss pufpo'sc-'of-
deceiving the consumer, or of cheap
ening, or" oh increasing inquantity,
the finished product. ; f J t,
It is not necessary to qualify tins
definition by saying that it does not
include those cases where substances
are, added to orjtaken from iu order to
enhanceJithej value of the articlef
Adulterations of tliat sortremaInyet:
to be discovered.
That about everything has been
adulterated whichtcouldbe,.especially,
in the line of .foods, is a.matter of.un-
questioned prooi. as new-iorms oi
adulteration have come to light, people
have been inclined to wonder, " Well,
what- next Tbeyicould Sympathize
With' the hen wiiichvwas made an un
willingf party to at fraud "Good
igracious," &id$she,5wbxn she djscoyr
'eredia norcolain. einr in her nest, 'LI
shall be a -bricklayer jiext!" AAr-
tenius Ward said, we are sure of noth
ing; in an eatiiiK-liouse but hash, and
even honestly prepared -hash 'may;
show a swindle in its pepper, that is
two-thirds terra alba. , Milk is about
the only thing, beyond eggs, that can
be confidently' relied oh as being of tho
first water.
If we inquire closely into the causes
of adulteration, we shall find that it is
an immediate effect of the develop
ment of commerce. In primitive con
ditions of society, there may be tricks of
trade, ignorant bartering, substitution
. of bad for good, falseness, and mean
ness of every sort, but no systematic
sophistication is possible. Also, in' a
semi-pastoral state, in which the food
of a family is raised from the soil on
which they live, and clothing manu
factured from the wool of their own
sheep and spun into textile garments
at their ow.n firesides, commercial
frauds are unknown or undeveloped.
Various reasons have been assigned
to account for the prevalence of adul
teration, and among these we may
' distinguish those which are either
purely fictitious or half true and those
""-which are real. The former are rather
excuses which have been urged by
"dealers in extenuation of adulteration.
Let us examine some of these.
One reason assigned in defense of
many adulterations is that they are
practised in obedience to the wishes
and tastes of the public. It is on this
plea tliat many kinds of coloring are
excused, such as the coloring of red
sauces, potted meats, and lishf with
red clay" cheese with annatto; pickles,
bottled fruits and vegetables with cop
per; and'su'gar and' confectionery with
A'aribus"' pigments containing salts of
arsenic, lead, copper, etc.
In reply.'to this, we, may sa'fely
assume thafwhen people prefer a more
highly colored article; it is a mere
quesiidn of appearance and in total ig
norance of the', composition and in
jurious effects of the coloring matter,
just as a child Will always take the
most highly colored stick of candy he
onii fiiiilL 'Pliifftiflflln. nipfl nnlvthn in-
ifgrmed tmttUhese things aro.jnjurioust
I; andlth'ev; willfnot hir'efeMm'erely for!'
f thepajtej o looks, article which arej
i known to contain Harmful substances'
to those which' are pure and whole
some. Indeed, a reaction is already
setting in against artificially cblbred
foods, consequent upon enlightenment.
A somewhat amusing circumstance,
illustrative of thfsTeactidirary-feeling,
occurred In .this city 110 long agoi A
family owaied a very valuable' cow.
whose, milk wai unusually1 rich' and
made Very yellow biitter-1 Altb6ugh
"th'ey'madc the butter ,thotnselvesj and
knew the mi Ik wits pur, yet;t)ie,high,
coloriof the butter-was, so suggestive of
artificial coloring' that' 'they 'sol'd their
own butter and bought a lighter col
ored .article Iorjtheir own use' from
someone' els aT g ft 3 B m
f 4Auotheri$ceuse, urged i iuf extenul
1 atforiof aMlteraaoiBfsjJHatlthd'addi?
nuns uiauyu suuijujuiuiest' ijuusu-i
tute improvements. On "tins plea is
defended the addition of chicory to
coflee; ,wheaj;-flojir, turmens, etc, to
mustard; jsugat'and starch 'to cocort;
Sulrihuric tfcid'tovlfietrhr. etct'i i"
It is not neceWry'tq Kb. into" details
.W'show'thati additions forbepurpose
of so-called imprbvenients are in n'o
case a benefit, but are often positively
harmful. I would, however, in pass
ing, call attention tojtfiree fatt& inrcon-;
nection with tnif; practice.
mvariablv. itrue that whese i
additions are cfieapef Jhan th'fe armdle
whlch mV,im aaafed. ae.nd. lh,
additions are often so greaff liar The?
original article is improved beyond
recognition. Third, tile buyer islnever
in any way informedjpf ,thp extent of
itheso. additions, but theiiroods aro 'ircn-
umlfv lnlinlnrl ne"nnro nnrl tlin tinrlA
his unscrupulous fellow-trader, finally
resorts to the same means. He must
"eitBefMorthisr or, give-up his business.
lEo.leSxi&o'aWaji Jle'siring to conduct
his businessTu an horlbrable way, the
temntatToii to adulterate is often very
To these two main causes may be
addeda tliird,which, though of minor
imi5)rt4ince. sffilBS is worthy lojclaimwW
feibmefit's attrition. Therearelnot ?l
ifevr&ple WhoJ are, Wiping? to Bu
auuiterateu gooos, Knowing lucm iu uu
.such,siinply because they are cheaper.
This is true of many well-to-do people
twhoyhave fake Jdeasf economy and
dft bqJ seeA tB realizg that'lmpu
goods compared wnn genuine nre'uear.
at any price. It is especially true of
poor people, who, unable to afford the
4)ure, take what they can get.
In connection with the causes of
adulteration, it is pertinent to inquire
iwhdraresjhe parties guilty of adultera-
lioni J. ll some cusea, it io me iiiiuiu
facturers; in vothers, the retail dealers.
Some.of the adulterations practised
ji-equirc the work to be done on a large
scale and mvoivor-exiensive macnin
erj', which the tradesman does not
possess., For instancf there are whole
sale spice grinders, roasters and grind
ers;" .of 'coffee, etc. -Adulteration of
mustardL'vinegar, annatto, snuff, sugar,
confectionery, spicesj'etc., are usually
practised hy the manufacturers.
Aside from the advantage of having the
necessaryinachinery and other means
forperJqrniinghisoperatjonsoh a large
.scalejjtne nianiiaj;turur takes the re
sponsibility of'adlilte'ration off the
shoulders of tens of thousands of re
tailers, who immediately supply the
public, so.thatthe guilt is contined.in
hody of manufacturers whose "ope"ra
tions are conducted in retirement and
secrecy and whose premises are not
accessible to, the public.
' MamwayS' in which the retailer
can practise adulteration to advantage
will readily suggest themselves.
Where the tradesman himself does not
adulteratebur knowingly arid .pur
posely buys of adulterating manufac
turers, he is a party to the fraud and
is held as guilty as the actualperpe
trator of tliejadulteration.4 p
Although1 the manufacturers and
tradesmen are mainly responsible for
the. .existence of adulteration, some
blanie'iiiust be attached to that por
tion of the public which will sanction
the practice by knowingly purchasing
The-subject of food adulteration is
one of sufficiently high importance to
engage' the. earnest attention of the
statesman, the, financier, the sani
tarian, .and. the moralist. It is really
a great national question, closely af
fecting the pocket of the consumer, the
revenue, and 'the health and morals of
the people. Let us consider it in its
various hearings.
The pecun iary side of this question
relates to the consumer, the manufac-'
turer, the retailer, and the public
In the first place, the consumer suf
fers loss. The profit of adulteration
comes from the sale of articles so
adulterated as to be greatly inferior in
value to genuine wares, a price being
demanded for these mixed goods,
yielding a larger profit than could be
obtained by the sale of unadulterated
goods indeed, they are often sold at
the same prices as the pure article.
The seller's increased profit is just so
much the consumer's loss. It is quite
probable that the loss of the consumer
is, in most cases, more than equal in
amount to his taxes. This loss falls
more especially on the laboring por
tion of the population, who are com
pelled to buy the goods'they 'use from
the cheapest shops, Kvhere the sale of
adulterated, articles,, prevails to the
greatest extent. ,iU, t
In the next? place, adulteration
tends to injure and ruin the more
scrupulous and honest competitors, be
they manufacturers or retailers, since
the dealers in. adulterated goods, -can
greatly, .undersell, hope, 'vjlio take'pains
to handlo only pure articles. ,
"Again, the state suffers loss, ji
large part of the public revenue being,
derived from duties on articles of con
sumption, the more these articles are
adulterated, the smaller is apt to be
the totall amount oflthe real value of
oodsthu 6nMimed. it'ii hardly
possible, tp,esthnale?accurately;bp ex
act oss to haf grivernirient! coining
from adulteration. On thia point some'
careful calculations were made in
,Great JJritain, based on analytical re
sults and covering a period of one year;
and the amount of revenue known to
be lost to the government was found
to be, atr the lowest'ealculatiohs, fif
teen millions of dollars; while twice'
1 that 'dmounfa would probably have
beeujiearer the oxaci sum.
. If ?w.q turn now to the sanitary hearr
inirs.of tlie subtect. we find tliaf hdul-
teratjph'ls, beyond till doubt, 'a' serious,
anu important" question in its. relation
to public health.
In the first place, the adulterating
sub'stiinbesUsejdSmay,in themselves,
bo Warnilesl but $rbve Fprejudiclal by
rcdifeii&jdnd eqkenirig 'the natural
progerires hMfleleitoli they
aro added, although thls doesinot ap
ply to foods to any great extent, it is
especially true in regard to medicine's.
The proper 'doses of' tha various rdme-
dia.i ageiitsi na,ve beeiidotormined m
most cases.jby lpng. series of) careful
obserA'atione-ahd expertnientsr;' and, in
differehYddsesvthe'sarne riieclicine inav
produce very different effects. There
fore, to adulterate medicines even
p$thhajiness 'Bubstancesis tpdeatroy
gin Qie sfeftgndsplaje, tl$$ulultrating
'Susthrice'sTisednnay oepoisofabus and
directly injurious. A great variety or
tnese suustanpeSjare ixnown and tare
erally labeled as pure, and the. pur
chaser supposes that lipli getting gen
uine wares'.' ,'1 "" 'ti
;-jjiVeu suuji unviui excuses are urgeq,
as that the adulterations do notjiarm,
especially in the quantities used. It
is useless to waste time in disproving
suclijasscripns,; fpr.tjiey are ocj cleajly
But what are the real causes of the
T 3 1 rl,rFaIPPeOfduiterafjQn'? , Wofmay
I U lyltheriare1twp j &nffe p?lg
great' cause which accounts for the
larger part of adulteration is the desire
for .iricf eased fprQfit,j(andimexty comes
cAucaaive aim uisiioiiest cumpeiiiiuu.
A trader, finding out that his neighbor
f-JnltheTsamp business us selling his
f febodl at pridesfatvhiShfif g6ilfiiife Tt
"Wild Be irnVoyible fo'realila pMt
knows that this can be done only by
. having recourse to adulteratiori;"aiid,
. learning that he cannot compete witn
uareiL,(iuum;y io, coloring purposes.
FplRSvMg are- some of the forms' in
whlcn' liev have been more or less
freoue'ntlvifouridrrArs'enite of connei1
trans greiai;jOtuer salts or arsenic anu
,'CPflper,. salts of lead, mercury, etc."
iiuiiiuuire. irussiii.ii uiuu, niuiiio, unci-
maririe;bronze powder or alloys of
cuuubi aim zinc, anu iiiuuv oiliers.
fMost.of .them have been found in col-
more of them have been discovered in
jMckles. bottled fcuits and vegetables,
Ltinfaeii1veceCRj)iefi,2reseT.ves; dried and
powders, snuff, cavenne. currv now-
der,,,red .sauces, as shrimp, lobster,
anchovy aria -tomato sauces, potted
meats and fish, cocoa, chicory, coffee,
annatto, cheese, ginge, mustard, vine:
i:tU.IULU. XlXtl.ailHFVC'-'JIltflll IIMI. Ill
the names of some of'the mfist viru-j
lent mineral poisons. Sometimes the
quantities used are large enough to
nroduce acute
fren'ueritlv th6 efl'
veloped. The substancesthough taken
in minute quantities', gratlually and
incniiniKiv . nnfiprminp riifi iieniLii.
ending in an acute illness aha death.
JParalysis'.lias lieeiilf6lt;arly'tracea dP
mk- tn tUn li in nf.en'iifr niliiltftrhtfld"
the most' danirerous.sPoisonS lliappily
has greatly drminishedv within the ;
past few years, owing- to: the agitatiou
of the purrifood question? ' 1
inq .remain ing aspect oi. mi uueiuiiuu.
to be considered, is' theVJfioral 'berfriiiff
bf the questiou., , v ;. t
Adulteration is uisuones,t, ,mau
guilty of adulteration cannot be an
honest rh'an. Adulteration is simply
obtaining; nipncy.uHder-'fftlse protensesj
AVe can lardlylpuXthc bffehse'abqYe5
tnatr ol conimQUieaiyjg uiuitoj, ihc
tliipf is mnrp of a-niiin: for..he tak'ds"
our prbperty without-anypreWnSe toj
doing righti Avliile'tlie other tbotli jobs,
and clieats ..'us, takes-Our 'Substance,-
advantage pl.co'hHdepcOreposed irf
him by nsms his .4ustomer,,and robs
us not ' only ofuouc mqiioy3putj Jq5Hi
tiriies bf our h'daltli asiwelL j- e '.,.,
BuaHuIteration "noti-onlyr naliea
those" who practise it dishonest, Uut
often .gives ris'e, fabthdf evils'. Thus
it causes a I033 of ,cbnntlcnce."On) tle
part of thebuyer ia.tJio&iwitnVlip'ni
he' deals. It destroys faith in cpmj
mercial integrity, which may extend
to and wrong the' honest dealer. -
The interests" of,' largepublic instltu
tions.pt alLkindk are ajjVto be affbeted
bv adulteration. as ho'srjifals.anfl other
charitablo institutions, 'work house's,
lunatic nsvlumH, barraeKs, saippmg,
public boardiiig schools; and other
similar, 'institutions: Many Of these
are suppllcdjby contract with Uifferent
articles .01 consumption anu tuis. sys
tem oners a kpou. .opportunity ior
jobbery iniadulterated.goods.
The.Blne RiVlon Ii'aagne. '
The entertainriierit under the aus
pices of this society pri Saturday eve-'
ning was an excellent one, and had'a
full house. The first, number was a
beautifully played piano solo, by Ifs.
Hoogs. Mr. W. J; Eowrey gave a
reading which was both instructive
aifd amusing; .Miss McChesney was
next called on for a song which .was
stated to .be her first in . public.. The
clear, richly toued voice in which the
young lady sung brought an enthusi
astic encore, when she gave another in
a similarly able manner.
A comic recitation oy .jiiss runs
followed, entitled "Mrs: Malone's
views on the Chinese question," and
was given in capital styie. in . re
sponse to a loud recall, Miss Paris fur
ther favored the audience witn a sen
timental recitation in which a young
lady raised from poverty to wealth
soliloquizes on. her own feelings and
Mr. noons sung and wnistieii tue
"You Know" in a masterly style and
litvMicrlif flnu'n Mm hntisi TT also re
"'""P"1 V. V. v..w
.-.ponded to a recall.
Mr. r. u. Jones reau, witn goou
effect, a passage from John B. Gough,
wliich, being Chairman of' the Enter
tainment Committee, he said he had
concluded to read himself, as lie asked
favors.of so nftny persons in making
up programmes for'tne society, that he
was ashamed to ask any further.
However, the reading was got away
witn in sucn m lasuiou ,as to snow
that' the "solid man1', had no ueed ,to
ask any one to read for hiim
-V short address was deiiveretu by
Key. S. E. Bishop and a shorter one
by the President, Rcv. H:1!!. -Gowen,
after which a vote, of .thanks-' was
passed to the friends who lia.u be(qn the
entertainers of" the e'veulrig, and the
meetinar was dismissed! every, one
present voting the' programme one' of
: , 1 i 1 t . t i 1 ' ' , ' 1. j. 1 .
tue oest niiiierio urougiiu iorvurui
Mr- Crrizai on tliio Pilgrinij Fathorju
The Oakland Times of Decemb'er,23dicon-
tain a .report of tho oelebrAtibn of fore
fathers' Dayin thrt town, for""tlie firfet time
in several years. 'Cdhgrecatiohal olubsns is
well known," say's the report,' I 'are associa
tions of ministers -and church officers; rwho,,
looking to New England as the birthpla'c of
ConcregatjonalisW in thia 'conntry; naturally
celebrate, with joy' ttielflndinc of 'our Jf6rn-
ratuera on i-ivmoam miock on jjecomoer 1,
1620." The Oakland, dinner on this ocoar
eion seems to' aave been a ;nno' success,
Among a'notable'oompany present are men-,
tJA.I 'ToV.1 T'lk nlnnA .nil lln'la f
IIUUCU. Utt I" UIUMU niiVJt t.a.u v.
C . 1. t . ..1 .1 V
Howard. One7of"the! addressed -waB dtn??i
ered ht' Mt. OrnzAtton'the'"stibieotA"TrinB-
pl ahtinc ' the Tllcf ftrii,Pglity IntK t hb. Great
Interior," ' The'TimYkits: (Whilst Jthb"
ses, were; mr-oriRinai nuuagoou, wx:
i's 'enlogy of thrf-Pjlarfrn lFathers de-f
spedia I 'r3erti5rl'. IFwbs' iplthv'Jliamj
orons and full of practical truth."-" ! .j
'Art.- Hi iwl '
A-'Gazette reporter dropped in Wednei-
dav1 'to Mr." 'O. 1 Prirneani's-- ntndio at
'lOOf Fort 'street; nnd'was'entertniued by tha
artist with, a free extilbition'ot some ol tits
b'a'n'diwbrlr. Mr. Fnrrleant :has a splendid
oaintinc- of the creat lava How of 1887 nearly
finished on a' canVrts'l sitf 'feet lone by four;
r ' i. : T 1 1 . , m t.- . . I 1 . ' I , r I
wiuu. j.ue piciure is iruui uunerviinuijn
and sketches taken 'orl' the? Spot at thb time
' it."' -1. II '. . 5 '.;. 1.1 ? 1 i " ' ' '
I iue nuwf anu -i -a titiu :auur uriiiiiuu
representation of- that- great pheridiuenn.
Qther.very fine pictures shown by i hii. Tire'
the1 'Halemaornanl lake previous toUhe col'
lapse of 18SC; ' pain'tins" of the1 first royal
palm (itSWffln.'itbBcHa-waiian Islands, it 'iai
bitian Vi, with a pendant cluster of nipa:pf
theifrniti n bread-fruit .trfo,. tha, Vfipio' fall's
and valley a very "striking representaUuii bf
one of Nature's" wonders and many other
'excellet'views'ofi'Hawaitan-.scenery. 'Oon"
noisaenrs in nrt.iwill, find.a viaitjto Mr. Fur-;
neaux's study a very"agreeiblevariation
from the usual humdrum of'Horfotulu life.
blnlnrCapt.lsaiahnBray, formerly gfltle"
iton -vesser'Morning atar, nowiseoreiary1
M. U. A., nude Udnenll
Engine' Company1 No.:2,
'This Po. rnet'af theirJball -Wednesday even
ingthe Foreman, Mr! WO'. McCarthy, pre
siding. ' . f i ' I., "
jrwejvemembers "were 'present." 'I ,
A 'committee bon'sistinsoft Uessn.i Ji Ci
McGuire.'HefarT Smltb,'E Ui llynn, UTios.
arrance fo'ritheco!iation'nnd''decoratiori8'on
HlfrfSd'ofFebrnBry " ' . 1 . ,
a communication wasTreceivea iromitne
Chief Engineer, directing the Company to
take a vote on the proposed amendment to
Article 21 of ftheCpqstjtution.
A motion waa.adopted"to notify tbd Chief
Eocineer that this Company disaereos with
the ,'method by which ,hV proposes to amend
the Constitution, and' further to nsk him-tb
Ret a decision of the Supreme Court, or some
other high' authority, on 'tjus matter.
The business forwhich the Company met
having been disposed -of, the meeting ad-
Harshal P. Wilder's latest hit is the
toast, whicli the modest Irishman
drank to the Englishman.: "Here's to
you as'good asyou are and hereJs'to
me as bad as I am, but as good as you
'are and as bad as I am,- I'm as good as
you are-as oau -as x am:v i: - -
The Kansas Prohibitory Law Declared
. , ' yaliil hy the United States'
; Supreme Court.
"Washington Dec. 5. -'Justice
Hiirlan delivered the opinion' of the'
court to-day in the two so-called'
prohibition cases of Peter Hugler,
plairitiffi in error, vs. the State of
Kansas, and in the case of the State
of Kansas vs. Herman Ziebold and
others, niiirming the judgment of
the lower court in the two. "Mugler"
cases and reversing the judgment in
the Ziebold case. The effect of this
opthitlh U to declare valid the pro
hibition laws of the State, of Kansas,
and, . is ot course a decided victory
for the prohibitionists.
The decision is very important,
anci .likely to be far-reaching in its
cqusequenc.es. The judgment of the
courti was pronounced in a long and
elaborate opinion by Mr. Justice
Harlan, who said :
; The general question in each case
is whether the prohibition statutes
of Kansas are in conflict with that
clause, of the Fourteenth Amend
ment which provides that "no State
shall make or enforce any law which
shall abridge the privileges or im
munities of citizens' of the United
States, nor shall any State deprivb
any person of life, liberty or property
Without due process of law. That
legislation by a State prohibiting the
manufacture within her limits of
intoxicating liquors, to be there sold
or" bartered for general use as a bev
erage, does not necessarily infringe
any right, privilege, or immunity
secured by the Constitution of the
United States, is made clear by the
decisions of this court rendered be
fore and since the adoption of the
fourteenth amendment. It is; how
ever, contended that although the
of intoxicating liquors for sale or
barter within her limits, for general
use as a beverage, no convention or
legislature has the right, under our
form of government, to prohibit any
citizen from manufacturing, for his
own use or for export or .storage,
any article of food or drink not
endangering or affecting the rights
of others.
The argument made in support of
the first branch of this proposition
briefly stated is : That in the im
plied compacts between the State
and the citizen certain rights are
reserved by the latter which are
guaranteed by the constitutional pro
vision for the protection of lifelib
erty, and property against depriva
tion without due process of law, and
with which the State cannot inter
fere; that among those rights is that
of manufacturing for one's own use,
either food or drink; that, while ac
cording to the doctrines of the com
niune, the state may control the
tastes, appetites, habits, dress, food,
and drinof the citizen, our system
of government, based upon the in
dividuality and intelligence of the
pebple, does not claim to control him
except as to his conduct to others,
leaving him the sole judge as to all
that only, affects himself.
It will be observed that the pro
position and, the argument made in
support pf it equally concede that
the right to manufacture' drink for
, pne', personal iise is, subject 'to the
condition that such manufacture
does not endauger or affect the,rights
off others. If such manufacture doed
prejudicially affect the rights and
inter efs 'of the' 'community, it fol-
Ipwsi fronA ;tH yefy jrefriides stated
oy pounsei, uiat society Aathq power
to protect-itself, by legislation against
the injurious consequences. of that
business. As was said in' Mum vs.,
lllTngers'(94 U. S:, 124); whileipower
uies uot exit wnn me wnoie people
ja control rights tiiiiC are"
' ' '' VATEi I
the 'government' may require each
citizen so to conduct 'iihnSelf and so
t6 'us&'his Ow ti property as not neces
sarily to injure Others.
JJutby whom or by what authority
is it tu be determined whether the
manufacture of oarticular article of
drhi'k, Neither for general use or for
the personal use Of the maker, wilL
injuriously affeel the public? Power
"to'determina such questions, so as to
bind 'all, must exist somewhere, else
sdcU'ty'Hvni be at the mdrcy of the
few, who, regarding only their own
appetites or passions, may be willing
to imperil tho peace and security of
the many, provided only they are
permitted to do as they please.
Under our svstein that ninver is
,lddg'44 with the legislative branch
.ot,tIie government. It belongs to
that denurtmpnt tn pvjert what sire
kh6wn as the police powers of the
States. rt must be determined
primarily what, measures are appro
priate or needful for the protection
of the public morals, the public
health", ortho public safety.
If 'does tfd at all follow from these
principles that every statute, enacted
ostensibly Jor the promotion of these
ends, is to be accepted as a legiti
mate exertion Of the- police powers
of tlie State. There are of necessity
iimits beyond which legislation can
not rightfully go.j As the courts
must obey the constitution rather
than the law-making department of
government, it must upon its res
ippnsioiiity ueiermme wnether in
any particular case these limits have
been -passed. , The courts are
bound by mere fonra, nor are ih
10 ue misieu uy -mere prefer
They are at liberty indeed
under a solemn duty to look at t
suDstance or - things whenever, ti
enter upon the.inqHiryvwhether 1
.Legislature has transcended
umits 01 11s authority, if, thpn
t0Jtfi a ?.tatute, Purpo'Pf? to havJ
ueuu miucieu ty
inc.puuuu Auuitita, ur me pti
safety, has no real or substanta
relation to those objects, or
pupuuic luuunuu ui tiguis secnr
by the fundamental law, it t
duty of tlie courts to so aditidc. .
thereby give effect to the constiti
Keeping in view these principl
o- a ---- -un ta
other of the judicial and, legulati
departments or government It i
uiuicuit iu perceive any ground l
tne juuiciary 10 ueciare- that the p
hibition oy lyansas 1 or the manufa,
ture or siue iuun her limits
i n trw !! t i Tl C Itnilnrc f.-.- ,
....u..-...-.a i--"-', tut S"-"'nmi5ji
mere iw u uevurage, is notfjjW,
adapted to the end of protecting
community against the evils wt&vj
coniessetuy result rrom the
siye use of. ardent spirits.
m T . 1. .
mere is nere no justification t
il .1 It n..
noiutng uiai tne state under Ui
guise merely ot pohce regulatirti
is aiming to deprive the citizen
his constitutional rights; for we
not shut out of view the fact, wit!
11 1 1 I 1 1 .t 1
ine Kuuwiwiui an, mat me pc1
. . r . . .
lie neaitn, tne puouc morals,
the, public safety may be endanger.
hy the general use of mtoxicati
drinks. Is or can we ignore the
established by statistics accessible
every one, that the disorder, paujs
ism, and crime prevalent In ;
country are in large measure direq
traceable to this evil. If, theref
a State deems the absolute proti
tion of the manufacture and
within her limits of inloxi
liquors for other than in
scientific, and manufacturing
noses, to be necessary to the
and .-ecurity of society, the
can not, without usurping legisli
functions, overrule the will of
people as thus expressed by ti
chosen representatives.
in our institutions, indispensabl:
the preservation of public li
that one of the separate depart!
of government shall not usurp po'
committed by the constitution
another department. Anu so, l
the judgment of the Legislature,
manufacture of intoxicating lii
for the maker's own use as a
age, would tend to cripple, if
defeat, her efforts to guard the
munity against the evils attei
the excessive use of such liqu
is not for the courts, upon
views as to what is best and
for the community, to disregani
legislative determination of
question. So far from such a re:
tion being inappropriate to the
eral end sought to be accompl
it is easy to be seen that the
scheme of prohibition, asr enib
in the constitution and
Kansas, .might fall if the rig
each citizen, to manufacture ma
catine liquors for hbownussl
beverage were recognized. Su
right 'does not inhere in cilizenj
Nor can It be saitt mat governs
interferes, with or jmpairs any
constitutional rights of liberty
property when it determines!
the Vnanufacture and sale of ic'l
eating drinks for general orMj
u'al use as a beverage are ot
become hurtful to society
every member of it, and is the
a business in, which no one cul
fullv encase. This conclusl
unavoidable, unless the foartj
anieudtiient of the Constitution j
from the States of the Union!
powers'rit police that were
at the time, the original ConstJ
Was adopted. But this
declared, ubon full considerate
Hiirhier vs. (Tohnellv. llo i-
that tlie fourteenth amenduiet
With rofprpriPO to the 31
1 - - --- i
that the prohibition of the otfl
turn and sale of liciuor (fell
liquor dealers of their properttj
out due process of law.thecotj
that till nrnnor v Milder OUr
government is subject to the
tion that it shall not oe ueu--
injuriously affect the right
coniraunitv and hereby b
nuisance. The State of w
a right to prohibit the liquor
It did not thereby take a'
property of the brewers. It
abated a nuisance. The pre
not taken away from its 1
they are only prohibited fnj
it for a specific purpose, w
T .nrriclnlnro ftor1nru1 to be Ll
to the community.
For the reasons stated, s
tice Harlan, we are of opinj
Muffler, the nlaintiff in
not been denied by the jail?
the Sunreme Court of Kasi
right, privilege, orimmunitjj
to him by the CousUtutioal
United States, and its judfl
each case is accordingly
"We are also of opinion that -j
cuit Court of the United &l
in dismissinc the bill of the!
her suit against Ziebold anci
lin. The decree in than
i tho rfiii-e rtl
with flirpntinns tn enter
irrantintr to.the State suclij
Iho not AfniYiVi 7 1SS5. SS1
tie In

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