Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
This International Distillery was built and in full operation
before the amendment of 1884 was enacted. By virtue of its
provisions a limitation only, in my humble judgment, was placed
upon the uses for which alcohol might be sold within the state. The
answer to the position that our law is unconstitutional because it
affects the value of this property is, that it does not prevent the
manufacture of alcohol for export or for sale within the state for
lawful purposes. But if we propose to destroy the value of this
property by this new interpretation of our statute, and say that it
is our purpose and intent to prevent its use for the manufacture of
alcohol for export, then may we not seriously apprehend that our
law will be held unconstitutional, and may we not, in attempting
too much, lose all? The fable of the dog crossing the log over the
stream, that dropped the meat from his mouth in order that he might
grasp the shadow, I would recommend to the careful study and
perusal of some of our pretended friends.
But there is still another political phase of this question that we
ought to carefully consider. Heretofore we have put the opponents
of this law upon the necessity of defending the saloon as an
institution; we have made the suppression of these places of resort
the war-cry of our campaign. Is it the part of wisdom to change
this issue and assume the affirmative of the proposition that the
good order and peace of society requires that we should ship our
corn to Peoria to be manufactured into alcohol rather than have it
manufactured in our own state, either for medicinal or mechanical
purposes or for export? For one I fail to see any wisdom in such a
proceeding. I am not prepared to join in or acquiesce in such a
folly. In accepting a retainer from Mr. Kidd in the case now
pending in the supreme court I did so because it was my plain duty,
as a lawyer, to defend the legal rights as I believe them to be, of
a man whose property was unjustly and illegally assailed. I was not
employed in the case until after Judge Conrad's decision. That the
temperance people of Iowa will find any fault with me for
presenting to the supreme court the question of law involved in
this appeal I cannot well believe. How will these questions be
answered?
_First._ Do they ask or desire that the property of any citizen
shall be destroyed and condemned without a fair and full trial
before the appellate court?
_Second._ Does not a fair trial also involve the right of the
citizen to have the aid of a counsel?
_Third._ If the defendant is to have the aid of counsel, can my
employment be any more objectionable than the employment of one
who is an enemy of the law?
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