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-
export; and this is the sole question to be determined by the
supreme court upon the appeal. This answers the first inquiry in
your letter, as to what is involved in the case.
Your next question is whether or not my employment in this case is
consistent with my past record; and whether or not it is calculated
to impair my influence and usefulness for the cause of prohibition
in the future.
I was one of the committee appointed by the State Temperance
Alliance to prepare a bill to be presented to the legislature for
its consideration, in 1884, that should carry out the will of the
people of Iowa, as expressed in the amendment to the constitution,
which amendment the supreme court of the state had then decided was
not operative, by reason of the failure of the eighteenth general
assembly to properly enter the same upon their journals.
As early as the 31st of May, 1881, I prepared and delivered
before the Methodist state convention that was held in Des Moines
at that date an address on the legal phase of the prohibitory
amendment. This address was afterwards printed in pamphlet form
by the _Prohibitionist_, and was circulated during the amendment
campaign as a campaign document, and seemed to meet with the
views of the friends of prohibition at that time. In that address
I took occasion to discuss the meaning and scope of the proposed
amendment, and in it occurs the following passage, defining my
view of the legislation that would be required by that amendment,
if adopted. I quote:
We have, in regard to spirituous liquors, laws upon our statute
books designed to prohibit their manufacture or sale, except
for medicinal, mechanical, culinary and sacramental purposes.
For these lawful purposes certain persons are authorized to
sell. They must obtain a permit, give bonds, keep books, etc.,
and are subject to the supervision and control of the
authorities. The manufacturer could be required to sell only to
persons thus authorized to sell for lawful purposes; if sold
_within the state_, otherwise than as permitted by the
statute, the act could be punished by fine or confiscation.
May 12, 1881, I attended a meeting of the State Bar Association of
Iowa, the proceedings of which are reported in the Des Moines
_Register_ of May 13, 1881. That meeting discussed the meaning
and interpretation of the proposed prohibitory amendment to the
constitution. Mr. Cummins, an attorney of this city, offered a
resolution at that meeting as follows:
Resolved, That the proposed amendment prohibits the manufacture
of intoxicating liquors within the state for sale as a beverage
without the state.
The _Register's_ report says that "Judge Nourse arose and stated
that Iowa had no control over the liquor after it left the state."
Public-domain text, read in full here on John Shaqi.
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