72 Iowa 348 | Iowa | 1887
Lead Opinion
I. The petition describes the lots upon which the distillery named in the petition is situated, and alleges that it was erected and is used for the manufacture of intoxicating liquors for unlawful purposes, and that defendant now is engaged in the unlawful sale of such liquors in the premises described. It is alleged that “ the defendants manufacture, keep for sale, and sell, within this state, and at the place aforesaid, intoxicating liquors, to be taken out of the state, and there used as a beverage, and for other purposes than for medicinal, mechanical, sacramental and culinary purposes, contrary to the statute of Iowa.” Before answer, the plaintiffs dismissed their action as against the International Distillery. Kidd answers the petition, denying all of its allegations. He also alleges that he is “ authorized by the board of supervisors to manufacture and sell intoxicating liquors,” except as prohibited by law, and that he has in the manufacture and sale of liquors complied with all requirements of the law.
Section 1524 excepts from the operation of the statute sales “ by the importer thereof of foreign intoxicating liquors imported under the authority of the laws of the United States,” and remaining in the original casks or packages in
Section 1526 is in the following language : “ Any citizen of the state, except hotel-keepers, keepers of saloons, eating-houses, grocery keepers and confectioners, is hereby permitted, within the county of his residence to [manufacture or] buy and sell intoxicating liquors for mechanical, medicinal, culinary and sacramental purposes only : jirovided he shall first obtain permission from the board of supervisors of the county in which such business is conducted.”
Sections 1527-1538 prescribe the proceedings for procuring the permission provided for in section 1526, the duty of the person holding it, the cause and proceedings for revoking it, and other matters which need not be further referred to in this connection. Some of these sections, as well as section 1526, were amended by chapter 143, Acts Twentieth Genera] Assembly, so that manufacturers of intoxicating liquors to be used for lawful purposes are required to procure jiermits from the board of supervisors.
We may here observe, and we shall have no occasion ito again express the thought, that the amendments to the original statute made by the act just referred to cut no figure in the decision of the question before us. Under the original statute, the manufacturer was not required to obtain a permit;
It will be seen upon the careful consideration of the statute that intoxicating liquor may be manufactured and sold within the state, to be used for mechanical, medicinal, culinary and sacramental purposes, and for no other. We search in vain for any, language in the statute, in which any other purpose is contemplated. Code, § 1524, declares that intoxicating liquors may be manufactured in this state, “for the purpose of being sold, according to the provisions of this chapter, to be used for mechanical, medicinal, culinary or sacramental purposes.” The evidence shows without dispute that defendant manufactured intoxicating liquor “ for exportation outside of the state of Iowa,” and pursuant to this purpose it was not sold to any person in the state of Iowa. The manufacture of liqiior for exportation or transportation without the state is not excepted from the sweeping prohibition of Code, § 1523. It is therefore unlawful. The question involving the interpretation of the statute now under consideration, so far as it rests upon the language of the enactment, is narrow, and will admit of no prolonged discussion.
Arguments of counsel based upon other elements of interpretation demand the careful consideration which we shall proceed to give them. We will first express the opinion that the thought of counsel, to the effect that intoxicating liquors may be lawfully manufactured under our statute for another or other purposes than the four expressly limited therein, had its birth in the consideration of the language of Code, §§ 1523 and 1542, which forbid, and provide punishment for, the keeping of intoxicating liquor with the intent to sell the same within the state contrary to the statute. Under these sections intoxicating liquor, under some circumstances, may
It is claimed by counsel for defendant that this court has ruled that intoxicating liquors may be lawfully transported without the state. Niles v. Fries, 35 Iowa, 41, and Becker v. Betten, 39 Id., 668, are relied upon to support this claim. The question of authority, under the law, to transport from the state intoxicating liquors, was in neither case. A little consideration of the language of the opinion in the first case will disclose the fact that i( is in harmony with the views we liave just expressed. It conveys the thought that liquor may be held within the state for lawful transportation without, and may be held for lawful sale in the state, which we have just held. The conditions which would make such transportation lawful are not stated, as we have just now done. The argu-
samjc as No. 11 constitu-tionaiity: police power.
Y. Counsel for defendant maintain that, if their interpretation is not correct, then the law is invalid, on the ground that it is in conflict with the exclusive constitu-j. in tional right ot congress to regulate commerce ,., among the states. Counsel’s position, as we understand it, is this: The statute, under the interpretation we adopt, forbids the manufacture of intoxicating liquors for the purpose of transportation and sale out of the state, while its manufacture for lawful purposes is authorized. Its manufacture for permitted purposes being lawful, it is a proper subject of property and of commerce. The statute, in forbidding its transportation, interferes with inter-state commerce, and is' a regulation thereof which, under the constitution, is
The statute, as we interpret it, authorizes the manufacture of liquors for permitted purposes, and forbids it for all other purposes. It does not forbid the transportation of liquors out of the state. See Code, § 1553, and amendment thereto, by chapter 143, Acts 20th General Assembly. The prohibition of the statute is directed alone to the manufacture of intoxicating liquors for purposes other than for sale according to the provisions of the statute. (Code, § 1524.) If the law be obeyed, no liquor will be manufactured for transportation. Its operation is to prevent the production of an article which might be lawfully transported out of the state. Now, commerce consists in the interchange of commodities or property which is the subject of trade. It does not consist of the impossible interchange of things not in existence. There must be articles of trade before commerce can exist. How, then, can it be said that the statute, by prohibiting the manufacture of an article of trade, regulates commerce? But, if this view be not correct, and the authority to regulate commerce extends to the regulation of the production of articles of commerce, then the state is deprived of all authority to tax, license, prohibit, or otherwise regulate, the manufacture and the manufacturers of all articles which are intended, when produced, to be the subject of interstate commerce. One illustration will serve to show the effect of the doctrine to broaden the exclusive authority of congress to regulate commerce. A manufactory of steam boilers for sale and transportation without the state is established within the residence portion of a city of this state, with dwellings of citizens adjacent thereto. Now, under the doctrine advanced by counsel, as the purpose of the owner of the manufactory is to produce articles for inter-state commerce, the nuisance cannot be abated under the laws and authority of the state, for the reason that the abatement
YL It is admitted on all hands that, if the statute in question was enacted in the rightful exercise of the police power of the state, it is valid. It is not important that we should here attempt to define what is called the police power, or inquire into its extent. It is sufficient to say that it is a power which may be exercised by the state to secure, promote and protect the welfare, comfort, peace and good morals of the people of the state. "We need not make extended inquiry whether this power may be exercised to bestow like benefits and protection to the people of sister states. It would seem, indeed, that, in view of the intimate relations of the people of the several states, being in fact one people, the subjects of the general government, with common interests for good government and prosperity of all, the state should in its legislation have regard to the peace, prosperity, comfort and good morals of all the citizens of the union. Surely, the state ought not to permit things to be done within its borders which subvert the peace, prosperity and good morals of the people of other states. No one will doubt that it is not only within the authority of the state to suppress conspiracies and combinations within her borders, intended to disturb the peace of a sister state, but that it ought to do so. And surely, even counsel for defendant will not contend that the power of the
YII. But, if it be assumed that the police power of the state may be exercised to secure benefits and protection to the state alone, the prohibition of the statute in question, as we interpret it, finds ample support in the demand for protection of our people from the evils which would flow from the unrestricted manufacture of intoxicating liquors. It is proper to remark here, that this power may not be arbitrarily or capriciously exercised, and never for purposes other than the protection of the people and the suppression of evils threatening the subversion of the peace, comfort and good morals of the people, and their quiet and full enjoyment of property. The evils flowing from intoxicating liquors arise wholly from its use as a beverage. But this use is wide spread, reaching all classes of the people, and both sexes, and every age. No condition of life is wholly exempt therefrom. An enumeration of all the evils arising from the use of intoxicating liquors need not be attempted. They are numerous, and affect the j>eople collectively and individually. Idleness, poverty, paliperism, crime, insanity, disease, and the destruction of human life, follow indulgence in the habit of using intoxicating drinks. Millions of our fellow-countrymen are addicted to this habit, and, of these, millions become drunkards. Homes are broken up, and domestic peace is destroyed by drunkennesss. The prisons, almshouses, and institutions for the care of orphanage, insanity
The same purpose demands legislation- to protect the inebi’iates among our own countrymen, probably equaling in number all the Indian tribes, from the destructive consequences of the gratification of their appetites for strong drink, which is no less uncontrollable in them than in the Indians. Surely, humanity and patriotism demand that the same protection be extended to this unfortunate class of citizens of the United States which is secured to the savage wards of our government.
In the exercise of the power to suppress saloons and prohibit the sale of intoxicating liquors as a beverage, the legislature of this state, in the constitutional exercise of its discretion, has forbidden the manufacture of. intoxicating liquors, except for sale for mechanical, medicinal, culinary and sacramental purposes, under regulations as prescribed by the statute. The prohibition of the manufacture is a means to effectuate the prohibition of the sale. The use of all means to accomplish the end, not forbidden by constitutional restriction, rests in the discretion of the legislative depart
YIII. But the prohibition of the manufacture of intoxicating liquor may be supported upon the ground that, per se, it has a deleterious effect upon good order, and the peace, comfort and morals of the people of the state. The manufacture of an article so pernicious in its use as a beverage cannot be consistently authorized while its sale is forbidden.
It would be as an effort to stay the flow of a stream when its very source should be destroyed. The manufacture in the state would offer inducements for the violation of the law prohibiting sales, and would afford opportunities for the creation and gratification of the appetites by, at least, those engaged in aud connected with it. Eor other reasons, which need not be stated, the legislature esteemed the manufacture to be an evil which ought to be suppressed.
IX. But counsel insist that alcohol, which was alone manufactured by defendant, is not commonly used as a beverage. The statement may be admitted to be true. But it is largely so used by people of some nationalities who have become citizens of the United States, and often used by others. By the simple process of dilution of alcohol, a beverage is made palatable enough to the victims of the appetite for strong drink, which may become the common drink of inebriates.
X. Counsel argue, as we understand them, that, as the manufacture of alcohol is permitted for sale for lawful purposes within the state, it does, when manufactured for exportation, not a lawful purpose, become property, and then its exportation, a purpose forbidden by the statute, becomes lawful on the ground that the restriction upon its use is an interference with the rights of property. But, conceding that alcohol, without regard to the purpose of its manufacture, is property, it does not follow that its uses may not be restricted by the state, in the exercise of its police authority. "While the state may not deprive the citizen of his property, it may forbid its use for purposes which are subversive of the peace,
XI. But the use of property may be restricted for purposes connected with trade and other interests of the people. An illustration of legislation of this character is found in our game law, which forbids the transportation out of the state of any game killed within it. Yet the killing of game is permitted, with restrictions as to time and quantity or number killed. The sportsman may lawfully kill the prescribed number within the lawful time. The game becomes his property ; yet he cannot transport it out of the state. We have uever heard doubts expressed as to its constitutionality. A little consideration will disclose its close similarity to the statute forbidding the transportation of intoxicating liquor.
We have considered all questions arising in the case, and reach the conclusion that the decree of the district court ought to be Affirmed. ■
Dissenting Opinion
dissenting. — I do not understand it to be
I do not understand it to be claimed by the majority of the court that there is any distinction between the seller and manufacturer, but that both are placed by the statute on the same footing. It is true, it is stated in the opinion of the majority that “ there is no provision of the statute which, by fair construction, authorizes its manufacture for exportation.” This, it seems to me, is not a fair statement of the question to be determined, which is whether there is any provision of the statute which, in terms or by fair construction, forbids' the transportation of liquors for sale beyond the boundaries of the state. Unless there is such a statute, the right clearly exists, although there may not be an affirmative statute declaring the existence of such right. A statute 'which simply declares that liquors cannot be manufactured or sold, except for certain specified purposes, is not sufficient, for the reason that it does not, by necessary implication, apply to the manufacture of liquors for sale out of the state. Therefore, it seems to me, the logic of the foregoing opinion is faulty ; especially is this so when the prior decisions of this court are considered. In Niles v. Fries., 35 Iowa, 4l; it is said by JBeok, J., speaking for the court: “ 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. ( Code, § 1525.) To constitute the owning and keeping of intoxicating liquors unlawful, there must exist an intent to sell or dispose of them within the state, contrary to law. In the absence of such intent, the possession of this kind of property is lawful.
In my opinion, the statute was properly construed by this court years ago, and that, as an original proposition, such construction is right. This depends wholly upon the construction that should be given to section 1523 of the Code. This, in substance, is conceded by the majority. The other sections of the Code referred to. are mere makeweights, which favor or detract from the construction placed upon section 1523 in the foregoing opinion. Row, what is the scope and object of the statute? The manufacture and sale of intoxicating liquors, except for lawful purposes, is forbidden. But where is the sale forbidden? In' this state, of course. Such is the express language of the statute. It will not be claimed, I assume, if a person sells in another state intoxicating liquors, that he can be punished in this state, or that the statutes make such sale unlawful. Mr. Eidd, therefore, when he sold alcohol in New York, or in this state for shipment to and use in that state, did no act which is forbidden by the laws of this state. It will be observed that it is conceded by the majority that it is immaterial whether the sale was made out of this state or within the state for transportation and use out of it. If the sale is not unlawful, how can the manufacture be unlawful, when both by the statute- are placed on precisely the same basis, as, I think, must be conceded to be the logical result of the foregoing opinion. In my judgment, the plain and the only meaning of the statute is that the sale in this state, and the manufacture for sale 'and use in this state, of intoxicating liquors, for unlawful purposes, are alone prohibited, and that the statute does not undertake to say what may be done with the liquor in another state. If it did, a question would be presented as to
In my opinion, the construction of the statute adopted by the majority makes a conflict between it and the constitution of the United States, and therefore the fifth paragraph of the foregoing opinion is unsound. As long as intoxicating liquors and corn are regarded as property, the right to transport either out of the state exists, although the avowed use of the corn so shipped is the manufacture of such liquors in another state. I also desire to reserve to myself the right hereafter to determine the extent of the police power inherent in the state.
As an individual I cordially assent to all that is said in the opinion of the majority as to the evils of intemperance, but I have doubts as to its materiality in the determination of this controversy.
The judgment of the district court should be. reversed.