The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-05-16

The four reports submitted 10 Une NlaSSachu-
sets Legislature by the Joint Special Com
mttee on the petition for a License law. exhib-
it the diversity of opinion which prevails on
this subject among the public generally. The
full reports appear in Boston papers of yester-
day. After so long hearing of evidence, after
listening also to the able arguments of Gov
ernor Andrew and Dr. Miner, the summing
is as would be expected, exceedingly terse and
clear. The majority eight members) present
the following summary of what they regard aS
the defects in the theory of the prohlbitory
law:
1. 1t is not sinful nor hurtful in every case to
use every kind of intoxicating liquors as bev-
eraoes IT is not therefore, wrong in every
case to sell every kind of alcoholic liquors to
he used az beverages. But this law prohibits
every sale of every kind of alcoholic liquors to
be used as beverages. ..t. ..
mine for himself what he will eat and drink
A law prohibiting him from drinking every
kind of alcoholic liquors, universally used in
all countries and ages as "a beverage, is an arbi-
trary and unreasonable interference with his
rights and is not justified by the consideration
that some lnen may abuse their rights, and
may, therefore, need the counsel and example
of good men to lead them to reform But this
law does, in theory, prohibit him from drink
ing every kind of alcoholic liquors, since it
prohibits the sale of every kind of alcoholic
liquors to be used as beverage. l.t .
3. Finally, if the use should be totally prohi-
bited, because it is either sinful or hurtful in
all cases, or may be in some cases, the use
should be punished. But this law Furnishes
the sale and does not punish the use. ..
The minority -four members) sum up as fol-
lows: ..'lP -"4 sf.' ei'"
They 1.-THE petioners] claim that alcoholic
beverages are good and not an evil-7that
they are food, or act as a substitute for food
that when taken in moderation they sustain
and nourish instead of impairing and destroy
ing the animal economy. This, as one of the
many debated and debatable questions of sci
ence and medicine, we do not propose here to
discuss, but shall merely submit the latest and
as we believe the most reliable conclusions of
science upon this subject, as expressed by the
most eminent chemists and physicians.
l. That alcohol is not food; being simply a
stimulant of the nervous system, its use is
hurtful to the body of healthy man.
2. That if its use be of service, it is only to
man in an abnormal condition.
3. That ordinary social Indulgence in alco-
holic drinks for society's sake is, medically
speaking very unphyslological and prejudi-
cial proceeding. ...t.
A. That this use of fermented and distilled
liquors is often noxious; it should always be
restrained; it should never be tolerated except
in exceptional cases. 4
The sound and forcible reasoning of a dis
tinguished writer upon this subject has
lost none of its force or value by the lapse of
more than thirty years since he declared that
What ought not to be used as a beverage
ought not to be sold as such. What the good
fthe community requires us to expel, no man
has moral right to supply. That intemper-
ance is dreadfully multiplied by the number
OF licensed shops for the retailing of spirits, we
all know. And rot only should the vending
of spirits in these impure haunts be discour-
aged; ute pending Of Them By respectable men
should be discouraged as great public e0ii."
These two views are Numerically opposed
on question offact The majority and mi
nority are likewise unable to agree whether
the present law has promoted or checked in
temperance. AT this point, Mr.. Fay of the
Senate comes in with his special report as fol
lows: .,. .,... ..
All law is experiment, and the experiment
ofprohibition evidently commends itself to- day
to a majority of the people of the State, a part
of whom have an earnest faith in the princi
pie, and part consent to a faithful trial, in
view of the existing evil They contend, and
it is fair to admit, that the experiment has moi
been fairly tried. They feel that the constit,i.
tional questions which have been carried to the
Supreme Court of the United States have hin
dered the execution of the law. "a new law
btConco lHOpcTdtiNc Until Tile IeOa
principles are settled" Besides, the war has
interviewed. Now these hindrances are remov-
ed, and having the State Constabulary, with
an honored paternity and an efficient chief
with the machinery of the law perfected, there
is a fair field" and its friends will doubtless
ask "no favor" if i'll due time, the experiment
shall have failed Nor will the advocates of 8
license law persist in their opposition to the
principle OF prohibition, if the result shall
prove that the evil is checked 1t is contend.
Cd ..,I 10 flat. -. q ~
sustained by public sentiment. But in this
matter, at the present moment it does moi
seem possible Here are two large parties
with radical difference as to the proper prin-
ciple of legislation. There seems to be no mid
die ground, and a united public sentiment will
come only after thorough trial of one or the
other of these laws .' p.
Mr. Sherman of the House follows to the
same purport, asking another years trial for
the present law 7Ai li- hnlai -qti /
Practically the committee stands eight to
six. The majority recommend the enactment
of law containing The following provisions:
First 1t shall be lawful for any person tc
sell cider or beer, containing less than three
per cent. of alcohol, tthe same not being intox-
icating,) provided he records his intention to
sell with the city or town clerk, and gives the
officers of the law opportunity, at any time, to
examine his premises and liquors. '''-'
Second. Licenses may be granted by the
county commissioners in any city or town
which shall not otherwise provide, upon the
recommendation of the local authorities, to
either one or all of these three classes, viz:
/. Licensed hotel-keepers and common VIC
tualers to sell to their guests, the liquor to be
drank upon the premises. ASA.
2. Wholesale and retail dealers to sell, in
proper quantities, to persons carrying the IL
quor away from the premises.
3. Druggists and apothecares to sell only
for use in medicine, cooking and the arts.
The rest of the committee unite for different
reasons in recommending that the petitioners
have leave to withdraw. The Legislature will
probably act upon this latter Recommendation