Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
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-
same to be construed in any manner or form as a license, nor shall the
assessment or payment of any tax for the sale of liquors as aforesaid,
protect the wrongdoer from any penalty now provided by law, except that
on conditions hereinafter provided certain penalties may be suspended."
The next section of the act provides for the circulation of a petition,
and by obtaining a certain majority or percentage of the voters to sign
a petition to that effect the penalties provided in the prohibitory
liquor law shall not be enforced against the offender. Under this law
the brewers of St. Louis and Milwaukee employed men to circulate
petitions, paying them five dollars a day for their services in
obtaining signatures to petitions in certain counties of the state,
under which the parties who paid the required tax were secured against
any prosecutions for violations of the law. I tried several cases in
the district and supreme court of the state for the purpose of testing
the constitutionality of this act of the legislature. It placed the
pardoning power theretofore exercised by the Governor of the state in
the hands of the brewers of Milwaukee and St. Louis and their
employees, provided they could by such means as they might adopt,
obtain the required number of signatures to such petitions. It clearly
recognized that what was a crime under the law in one part of the
state, might be committed provided the necessary amount was furnished
and paid into the public treasury as a commutation for the offense, and
that payment should be made in advance without reference to the number
of offenses that might be committed. It was clearly not a law of
uniform operations under the decisions of our supreme court as
theretofore held, for it was a crime in one city or county in the state
and not a crime in another city or county of the state; notwithstanding
the law making it a crime was still left in full force and effect,
except as it was abrogated in a particular locality by the signing of
certain petitions. Strange to say the supreme court of Iowa,
notwithstanding their former decisions to which I have heretofore
referred, sustained this law and its constitutionality, and under it in
all of the counties of the state where we had any considerable foreign
population the legalized saloon has returned to do its deadly work and
the only compensation for it is that men who call themselves
republicans have been able to hold and enjoy the honors of public
office. After the decision of our supreme court upon the question of
the constitutionality of this act I received from the editors of a law
publication east a communication requesting my views and opinions for
publication in their law magazine, and I simply wrote upon the letter
addressed to me the statement that the decision made by our supreme
court under this law was a political necessity and that it was an old
and true adage that necessity knew no law, and I had no further
comments to make upon it.
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