Gambling; or, Fortuna, her temple and shrine.: The true philosophy and ethics of gamblingRomain, James Harold
Philosophy
Gambling; or, Fortuna, her temple and shrine.: The true philosophy and ethics of gambling
Romain, James Harold
Gambling
Certain matters are generally recognized to be within the police power
of the state. For instance, the control of infectious and contagious
diseases, of the insane, of habitual drunkards, spendthrifts, vagrants
and mendicants. And finally, by forced construction, it has been
extended to the liquor traffic. The law, it is said, may prohibit the
sale of liquor to minors, lunatics, persons intoxicated, confirmed
inebriates, and other persons with certain weaknesses of character.
Courts maintain that while the liquor traffic is subject to the police
power, yet it may not be entirely forbidden as necessarily injurious
to the public in a legal sense. To quote the Supreme Court of Indiana,
in Beabe vs. State: “Where injury does result (from the use of
beverages) it is usually caused by the shortcomings of the purchaser,
without any participation in the wrong of the seller. No business can
be prohibited altogether, unless its prosecution is necessarily and
essentially injurious. It is the abuse and not the use of beverages
that is hurtful. The use of beverages is not necessarily destructive
to the community.... Fire-arms and gunpowder are not manufactured to
shoot innocent persons, but are often so misapplied. Axes and hatchets
are not made and sold to break heads with, but are often used for that
purpose. Yet who has ever contended the manufacture and sale of these
articles should be prohibited as a nuisance. We repeat, the manufacture
and sale of liquors are not necessarily hurtful, and therefore may not
be entirely prohibited.”
Public-domain text, read in full here on John Shaqi.
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