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-
The opinion of the minority of the court written by Judge Seevers, and
concurred in by Judge Reed, assumes the position that inasmuch as the
manufacture for the purpose of export was not prohibited, therefore, it
was lawful. The opinion of the majority of the court, it was claimed,
was contrary to the language and decision of our supreme court in the
cases theretofore decided by the court in Niles v. Fries, 35 Iowa, 41,
and Becker v. Betten, 39 Iowa, 668. In the former case in 35 Iowa,
Judge Beck himself in delivering the opinion of the court uses the
following language: "Intoxicating liquors in the possession of a
citizen who holds them for the purpose of selling them lawfully,
_within the state_, or for transporting them without the state for
lawful traffic, are not, under the statute, subject to seizure." Judge
Beck gets rid of the force and effect of his prior decision by saying
that his language was "obiter dicta." When, however, the opinion comes
to wrestle with the question as to confining the police power of the
state, to matters that concern the good order of society and the health
of the people of the state, but did not extend to the inhabitants of
the other states of the Union, Judge Beck gets rid of this suggestion
by claiming that there is a sort of comity between the states by which
the legislature of one state ought to consider the well being and
happiness of the people of the other states. This suggestion is rather
fanciful than otherwise, particularly as applied to this case, for that
the other states, particularly New York to which this alcohol was
exported, have never undertaken to control either the manufacture,
sale, or use of alcoholic spirits. In the interpretation of all
statutes and in case of doubt it is a well recognized rule of
interpretation that the court must consider what evil it was existing
prior to the enactment of the statute that the statute was intended to
correct or remedy. The idea that the people of Iowa were seized with a
desire to limit the manufacture of alcohol in order to prevent it being
taken to New York was simply Utopian and had no real existence. The
real parties that were attempting to limit the manufacture of alcohol
in Iowa for export was the whisky trust that desired to keep up the
price of the article in the New York market, and this fact was well
known to the supreme court and to the three judges that concurred in
the opinion of the majority. Judge Beck's opinion, aside from the
question of law involved, was a very excellent temperance speech
against the use of alcohol as a beverage, but had no relation whatever
to the case. I write thus freely upon this subject for the reason that
Mr. Kauffman and myself had given a written opinion as to the
reasonable construction of this law, relying upon the former decisions
of our own supreme court and the language of Judge Beck himself. Mr.
Kidd had made his investment in good faith in a manufacturing industry,
Public-domain text, read in full here on John Shaqi.
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