Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-11-19
Public Opinion and the Law.

GARDINER, Nov. Il, 1873.
Mr.. EDITOR Il may be as vain as the
Dutchman who said, "Shtand shpeck and let
me shpeak," but do not feel satisfied to
leave the question of License" where it
stands. License versus Prohibition, is the
question.
General Tilton comedies the validity, ex-
pediency and efficiency of the prohibitory law
when he says: II can close every rum shop
in week That is there is lac enough to
do it. ''Stck peg in there" He speaks as
! a representative of the opponents Of the
Maine Law" Let us hear no more about
| the ineffciency Of the law. Execute the law
| and the work is done. Now wherever the re-
| sponsblity of the continued illegal and alarm
| ing traffic consists or rests, it is not in the
| law; everybody knows that General Tilton
speaks great truth when he says: 81 can
| shut up the rum shops in week and SO can
YOU" But he adds, singularly enough, ''if
public opinion would sustain me-" This last
assertion that public opinion will not sustain
properly constituted authorities in enforcing
a law, has become so stale, by being so often
repeated and is withal so stupid and false,
and so much mere preteXt for neglect of
|
to bury 1t so that il should never be repeated
again. Who is this '.pUJlie opinion" that
stands with drawn sword and says, "enforce
the law at your peril?" Not the friends OF
the law surely; none but rum sympathizers,
| enemies Of the law. Or to put it in a more
general and perhaps less exceptional form,
none but the criminal or offender of law and
his sympathizers. This is true of all Law.
The criminal hates the law that condemns
| him his sympathzers all stand in the way of
its enforcement. But is this public opinion z"
Now public opinion is never unit. When
we say that public opinion is in favor or OPP
| posed TO measure, we mean a majority of
course. 1t is ''public opinion" that makes
law in this country. Public opinion" made
the maine law" and has sustained it against
the most vigorous, bitter and persistent
saults that ever attacked or opposed any meas
ure. And dare stake my reputation as a
humble citizens and all the pecuniary interest
| have in this world, which is not large, that
if Gen. Titon will just step out and enforce
the law and do what he says he can do, in
stead of public opinion not sustaining him, he
shall be more honored than any citizen of Au-
gusta. Future generations shall rise up and
call him blessed
| The whole power of the State is pledged to
support an officer in the performance Of his
duty. Is not this 'public opinion" enough:
1t is true the officer in the legal discharge of
his duties, will make enemies. They may be
numerous but they are not public opinion
| The criminal is not to be consulted as to the
enforcement of law against him. We may
never expect to see the day when men will
Justify that which condemns them and exposes
| them to penalties. 1T these constitute pub
lie opinion it will always be against us.
| Now as to license, would be glad to
the man who can explain to my dull compre
| hension the difference between license and
prohibition. License as prohibition. When
you license man to engage in any traffic
you prohibit another man. For you cannot
license every one, as that would be no license
at all. Therefore if you license A you pro-
hibt b, and will it be any easier to enforce a
license than prohibitory law? Will not A.
claim that he has just as good right to sell
rum for a livelihood as b? and if he can't
have license will he not sell without a
license and who is going to interfere and
stop him?
| In civil and political sense Gen. Tilton is
| right when he says the man who sells rum is
not a criminal until the law makes him such,
for ''where no law is, there is no transgress-
ion," of course. But all civil law takes its
origin in the great law of humanity and is for
the protection of individual rights. 1t is the
infringement of these rights that create the
| HeCeSSlty lOT u civil law anu IoI thS MANLY
law. 1t seems very strange to me that com
munities did not sooner recognize the great
truth, that when man persists in dealing out
to another that which renders him irrespon-
sible and dangerous, the community needed
protection. Can man be guilty of a greater
moral wrong than this, to expose communi-
ties? Has man right to sell or give to my
father that which renders him terror to our
family? No truth is more self-evdent than
this, that the men who for gain or other
motives, shall cause my father to nhale chic
reform, thus rendering him insensible and en-
dangering his life, would be held account
able. Chloroform is harmless compared with
rum. l ask then if in a moral sense the rum
seller is not criminal Jefo,e the law makes
him such. am making my communication
too long, but wish TO call attention to the
singular truth, that community demands pro-
lection from an awful evil. that we have all
the law needful for our protection and yet the
evil exists Why should this state Of things
exist?
think have proved that "public opinion"
demands the enforcement of the law for the
suppression of this evil. Now there is a
cause for this remarkable state of things.
Will it not be well to seek to ascertain the
cause? CITIZEN.