The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-02


that the money should 20 10 the county where
the license \ paid. But his objection was the
diversion Of the school fund. IL the gentle
man would change his bill 30 that this money
shail be Appropriated 10 the school fund In each
county. he would 90 for it-haVe the money
appropriated in the township where collected.
Mr.. NEWCOMB would move 10 commit IL
20 the judiciary Committee for modification.
Mr.. SHUEI. The object Of the author Of
the bill would include the Modification sug-
gested.
The bin wa referred TO the judiciary Com
mitfec.
ON motion by Mr.. GROVES, the House
then took recess till , o'clock Pm.
AFTERNOON SESSION
The Speaker announced the special order,
viz: the consideration Of Mr.. Shuey's Tempe
rsnce bill III. II. 2Is the question being on
the third reading.
Mr.. GREGORY. Of Montgomery. took the
floor. speaking Of the deep popular feeling on
the subject of Temperance, exhibited in the
numerous memorials for the discouragement
and suppression Of tipping saloons. These
were the great objects of popular complaint.
and the Legislature should hear the popular
voice In this regard. Ii was the protection Of
society that was involved in this question.
When Government was not founded in just
moral principles. il contained within itself the
elements Of its own destruction-to which he
instanced theiDstitutiOn of slavery. immoral
ity would disregard law; and intemperance
was immorality-the parent of many vices.
The suppression Of Intemperance would dis
pense with much Of the expense of the execu-
ton Of the criminal laws
lie lnyeighed against the liquor traficer as
worse than the murderer-the assassin. Theft
arson, incendiariSm, were yenial crimes in
comparison with those that poison the youth
OF TIE land with liquor. And vet these men
received the protection of law. They opened
the gates Of hell in every street and alley, and
ON every crossroads IN the land. should not
the popular voice be regardedy Hewas panied
10 see, Ia numerous motions to postpone and 10
amend, that the voice of the people was not
to be regarded here. lie cared not for the po-
lltical power supposed 10 be involved, and
plead simply for the morality of the question
7 He replied TO the constitutional and CONNER
cial objections to the prohibition of liquor.
Total prohibition was the same in principle as
the prohibition of the traffic on election day.
But if society could not be protected by direct
legislation, he asked for the people the power
to protect themselves in the provisions of the
pending bill. He made an earnest appeal for
me passage of the bill without further amend
n.ent. The County Commissioners would
meet next Monday, and the opportunity TO re-
strain the traffic for the coming year by the
passage OF this bill was now lost; but still he
would have the bill. Better late than never.
Mr.. DU NHAM. No man appreciated the
virtues of Temperance and SObriety more
highly than he. However we might differ as
to the means of accomplishing the common re-
lief on this subject, still we all desired to come
to il. lie knew that his views Of the subject
were not popular. Hewould change our whole
system of legislation on this liquor question.
He would not license. but would leave the
whole matter in the hands of the people at
large. License conferred responsibility. This
tipping business, like all others, should be
regulated by the laws Of trade. Such would
be his plan. Day before Yesterday he saw a
l of lani I'm Is 10
press the adoption of this measure by their in
4 tluence. And no man was insensible to that
! infuence-it was recognized in the speech of
/ his friend Mr.. Rice before him. He then re-
ferred TO the home and family influence of
woman as superior for good to all acts of leg
/ islatiOn on this subject
/ Here was the orbit of the influence of wO-
/ man, which was TO shape the character of the
I nation, Wherever the mothers sigh and the
sisters prayer were unheard, there was no
hope of reformation in such a subject, He
would vote to-day for an appropriation for a
hospital to which such men should be sent;
! and there was neither religion nor statesman
ship in leaving society TO take care of itself
+ in this regard. But could legislation reach
/ the casey The iron heel of military power
could not restrain the appetite to drink. You
/ could not restrain II anymore than you could
| restrain the flood Of waters in the Ohio river.
Then, IL we can NOT do what we would, we
must do what we can; if we can not dam up
/ the tide we may turn ii.
If gentlemen believe that they can control
/ this appetite they ought TO do it; but, if they
/ do not, then tie it up by license. He voted
! against tie Sunday liquor bill the other day
! not that he did not regard the sabbath, for he
/ did, but because he regarded the Constitution
/ which prescrbes that legislation shall not reg
ulate religi0n-shall not prefer one sacred day
above another. But he undertook TO say that
B this bill If il became law, could not be en-
forced. lie concurred with the gentleman who
/ said in this debate, that you can not enforce a
/ law when il is not demanded by the public
/ sentiment. Was it not then to provoke and
i teach the violation of law, to enact law that
/ can not be enforced. lie illustrated by the neg
/ leet Of the 18th Article of the Constitution,
and the legislation IN pursuance thereof; he
also instanced the temperance mobs of men
and women despite the legal sanctions lie re-
garded this temperance legislation a. chron-
+ ic habit in this State. and about as inveterate
a. the habit of the common drinker.
/ Mr.. ZElGLER was not alarmed at the cry OF
uncOnstitutionality. The Constitution had
been constantly violated for the past five wears,
/ If we listen to some. Should we refrain wholly
/ from legislation, because laws do not accom-
/ plish the ends they aim at: He alleged his own
/ favorable opinion of this bill, and answered
/ objections, replying specially to Mr.. Durham
and Mr.. Newcomb, deprecating the amend
ment Of the latter; and he concluded by recit-
| ing the considerations that commanded his vote
for the bill. Itwould remove a perplexing re-
sponsibiity from the County Commissioners.
/ Ii gave control of the traffic directly to the
/ people. 1t was no objection to say it was an
experiment; because no good could come of
invention without experiment. Then this bill
was demanded by the people: and if it had been
pressed al the opening OF the session, he be-
lieved II would have been passed by an over
whelIning majority.
/ Mr.. NEwCOMB said lie could have had
plain sailing on this question, If he had gone
with the current; and if he yet should vote for
the bill, IL would be, not because Ii was sup
ported by his own judgment, but in obedience
/ to the desires OF his constituents. Was IL sim
( gular that he should be interested in perfecting
bill in which his constituents were deeply
interested: and especially was his propositions
to amend to be deprecated when gentlemen
/ conceded that the original bill would not do
Z the cities any good: and was it not also con-
ceded that il was hardly needed In the rural
districtss The printed matter Of the petitions
for this bill indicated that this form Of demand
for a bill was not the spontaneous action Of the
people. With the same means at his command
he could get stronger expression In favor OF
his amendments.
We must act practically. Can we enforce
this billi Where and when in n city was
drinking ever suppressed by voting down
license. He recited and defended the proyis-
ions of the substitute, which he admitted TO be
an experiment He would have much prefer
ed. if be could, 10 have followed the judgment
imputations that have been east upon him, We
ought 20 do nothing in legislation, unless we
. think we make Sonle Improvement. lie
replied to Mr., Durham. For himself, he
would prefer 10 repeal all license laws.
making the liqnor yender responsible for the
consequences of his acts,
Mr.. sHUEl said i was impossible to-day
10 get an expression Of the representatives OF
the people on this BILL and regretted the ne.
I cessity that would compel Its friends 20 ask
for a further postgonement. He suggested
! Monday, > o'clock Il. ". He had prepared the
bill with reference 10 the wants of the people
IN his county. lie candidly admitted that
this bill could hardly be enforced I'm the cities
Ii would not be "a efficient i'm the cities the
amendment Of the gentleman from Marion
But there was prepOnderating interest in
this matter outside OF the cities.
Mr. BROWN said his mind was made up.
and he was ready for the vote. There was an
admission that the bill would do no good in the
cities He would therefore waste more
time abou; it. He would dispose Of il finally
and al once. and 90 to more Ieeitll legisla.
lion. He did not like the bill, and he had be-
fore signified his earnest opposition to the
amendment Of the gentleman from Marion
He was satisfied with the act OF $50 whOss