The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-01-29

PORTLAND.
Tuesday Morning. January 80, 1867.
Shall the Maine Inv he Euc....a

! 1t appears to be quite certain that tbe Ma;ne
law will be so amended this winter as to nro.
vide Imprisonment as a penalty for the Illegal
sale of Intoxicating drinks. The convention
recently assembled at Augusta to urge this
amendment upon the attention of the Legis-
lature, asked also for the appointment of a
State constabulary force to put the law in Wig
orous execution. Whether the amended
act will provide for such an establishment is
doubtful. Whether it should, is question
which is keenly debated by the warmest friends
of the amendment and which involves a re-
consideration of the whole ground of legisla-
ton on this subject.
1t must be remembered, in the first place,
that prohibitive legislation in this direction
is as yet an experiment The sale of spiritu-
ous liquors has indeed been subject to legisla-
tive restrictions from time immemorial. The
pernicious results Of their use are pauperism
and crime. Against such injuries society has
clear right toprotect itself, f,and in one way or
another has always striven to protect itself
Until within few years however the aid of
the law has been sought only to regulate, not
to prohibit the sale ofliquors. Our present law
aims prevent the use ofliquors, except for me-
dicinal or mechanical purposes, by prohibiting
their sale. Except that it is more convenient to
reach the sellers, it might as well forbid their
use and punish the users. The law assumes
that any use ofliquors except as medicine, is
injurious, and very many temperance men
have no faith in their efficacy as medicines,
These theories are comparatively new. The
legislation based upon them is as yet expert
mental .......fs
The experiment has proved only partially
successful. The results, though sufficiently
encouraging in the opinion of the friends of
the law to justify further attempts to render
it effective, have not come up to their antici-
pations. This was to be expected. 1t would
have been marvellous, if the first attempt to
frame law SO novel as this had been entirely
satisfactory. None of our laws are perfect,
though in some directions they are based on
the universal experience of civilized society
and their operation has been tested through
centuries. Fifteen years is very short time
and a few American States offer a very limit
ed field, for the development of new legisa-
tive idea. 3sta fJ ''"
Now while all good citizens desire to see the
public morality improved in. this matter of
Temperance, and none Can withhold admira-
tion and sympathy from the true hearted men
who, fully adopting the opinion that ntoxicat-
ing drinks have no use except as medicines,
are resolved to make it of some practical ben
eft by incorporating it into our laws, we must
nevertheless remember that many are unpre-
pared either to accept OF reject the new doc
trine, while others definitely reject it, and
yet others though accepting it doubt or deny
the expediency oflegislating upon it. There are
to be found therefore among the friends of
Temperance, first a large and predominant
class who ferventy believe in the law second,
a considerable class who acquiesce in it; third,
a class who distrust it. These classes have a
common interest in seeing an experiment
which promises SO much thoroughly tried. No
man has any right as yet to call it a failure
No man as yet calls it success. Those who
believe most firmly that it win succeed are at
this moment seeking to improve the law. Un-
der these circumstances, what is most to |
be desired is that it should be
modified as they would have it and thorough /
ly enforced. 1t is not trying the experiment |
at all, to record the law upon the statute book !
and leave it there, dead letter. essa'I "a 2
We believe if the law is to be enforced, it is |
both necessary and desirable to take it out of |
the hands of the municipal authorities Nee
essary, because experience has abundantly |
proved that it will not be regularly and firmly
executed by municipal authorities. Whether
it can be, is question upon which opinions
differ That it will not be, except spasmodi-
cally, is matter of practical knowledge. De- |
sirable, because although anything which per
tains to legislation is liable to enter into poll
tics and this subject is sure to, it ought as
much as possible to be kept out of municipal
politics. 1t is not desirable to have two par.
ties in every town and city, aiming to procure
or to prevent the enforcement of State law.
Ihe question belongs to State politics. In |
electng representatives to the Legislature, it |
should weigh. But if the people of the State |
want this law, they ought not to leave to any
town the option to nullify it. 1t is of little
use to shut up the drinking shops in Auburn
for instance, while they are unmolested in
Lewiston We hope therefore that the
amended act will provide for State constabu-
larry to make it uniformly effective. If it is
good for anything, letits usefulness be demon
strated; if it is good for nothing, let us have
that proved. M ..,t