The Use and Need of the Life of Carry A. NationNation, Carry Amelia
History
The Use and Need of the Life of Carry A. Nation
Nation, Carry Amelia
Nation, Carry Amelia, 1846-1911; Social reformers -- United States -- Biography; Temperance -- United States
These great principles of civil jurisprudence and popular government
apply alike in every state in the Union. An eminent jurist, Judge
James Baker, of Evanston, Ill., formerly a resident of Missouri, gives
his professional opinion of the late crusading by the women there. He
maintains that it was legal; he points out that the saloons raided, at
Denver and Lathrop, were unlawful and that they were "nuisances at
common law." He quotes Illinois law as follows: "As the summary
abatement of nuisances is a remedy which has ever existed in the law,
its exercise cannot be regarded as in conflict with constitutional provisions
for the protection of the rights of private property and giving
trial by jury. Formal legal proceedings and trial by jury are not appropriate
and have never been used in such cases." Judge Baker sums up
the case thus: "The women who destroyed such property are not criminals.
They have the same right to abate such common nuisances as men
have to defend their persons or domiciles when unlawfully assailed. As
the women of that state are denied the right to vote or hold office, I
think they are fully justified, morally and legally, in protecting their
homes, their families, and themselves from the ravages of these demons
of vice in the summary manner which the law permits."
More citations might be given proving the legality of joint smashing
by the crusaders, but the foregoing is ample, for all fairminded, loyal
people. Had the joint smasher's cases been tried on their merits, not one
would have been convicted of a misdemeaner. They were arrested, tried,
convicted, imprisoned and fined for disturbing the "peace" of a common
nuisance, and "malicious" destruction of rebel paraphernalia. Their only
intent was against the treasonable liquor traffic. Had there been no liquor
dispensing there had been no smashing. This the liquorized courts would
not admit for a moment. Every ruling was a burlesque on civil law, a
travesty on justice and a contemptible farce. The whole proceedings
from beginning to end were a miserable outrage.
DECAY AND DECLINE OF THE AMERICAN REPUBLIC.
Public-domain text, read in full here on John Shaqi.
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