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The Decision And Sympathy

The Decision And Sympathy image
Parent Issue
Day
2
Month
February
Year
1888
Copyright
Public Domain
OCR Text

We did not doubt what Judge Kinne's decisiĆ³n would be. An election under the local option law might have been prevented by some sort of unexpected obstruction, but that a judge of Mr. Kinne's well-known ability and honesty would grant an injunction upon such a plea was incredible. It is no light matter to defeat the intention of the legislature. The presumption is always that the lawa are constitutional, and no reputable judge will try to annul them nnless their unconstitutionality is clear. In this case, even if the local option act were clearly unconstitutional, it is preposterous to ask that the election be set aside by the court. The unconstitutionality of the act was not properly before the court. If the law is really unconstitutional, it would be well not to hold an election ; but it will not do for a judge to prevent an election before the question is determined by the highest authority. It would be a dangerous precedent, which Judge Kinne ably pointed out. It is not certain what the supreme court would do with the local option law should it come before them, but that local option, if put in proper legislative form, will bear the test, there can be no doubt. Although our present local option law was a little carelessly drawn, the main purpose is undoubtedly eound, and the eupreme court is not likely to throw it out on count of some slight technicality. The citizens of Washtenaw fchould proceed with the election accordingly. The complainant, Mr. Hardinghaus, had no case whatever. The highest judicial authority has decided that the plea of destruction of property is not good. Any one can see the wisdom of that, however great may be their sympathy with a man in Mr. Hardinghaus's situation. Thb Register feels suchsympathy. He is evidently sincere, and his education has been such as to preclude his believing that his business is harmful. But such sympathy ought not to prevent the upward tendency of man. If the personal fortunes of a few men were to be permitted to obstruct the will of the people, there is not a movement for fiscal or moral reform that would not be stopped. Every change in the tariff is Hable to affect Borne one's business, and may even wipe businesses out ; vet it is preposterous to suppose that congress can be enjoined from changing the tariff laws as it deerns best. Every one who enters business does so presumably with the full understanding that it is Hable to be affected by legislation. It is one of the many chances he takes. In this case, the people are coming to believe that the liquor business must be stopped, and those engaged in it have known of the tendency for a long time. Those who have the greatest discernment see clearly that all Michigan will.in a few years, be covered by a prohibitory law against the liquor business. There has been plenty of warning for those engaged in it to get themselves in a safe financial condition.

Article

Subjects
Old News
Ann Arbor Register