Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-22
THE RUTLAND HERALD
FRIDAY, MAY 16, 1873.
.LOCAL OPTION LAwS.o

sLOCAL OPTION LAWS.>
The subject of regulating, controlling,
allowing or prohibiting the sale of in
toxicating liquors, by legislative enact
mpnt. has always engrossed more or less
of public attention. While all men, or
nearly all, are agreed upon the propos-
iion that the open, unrestrained sale
thereof ought not to be tolerated or al
lowed. ON account of its great liability
to abuse, yet there is, naturally, n wide
difference Of opinion as to the true
mode of dealing with the matter. Ear
nest consistent-yea, ultra-temperance
men are somewhat divided upon the
question whether strict, entire prohib-
nion has or will accomplish the result
aimed at; while those not classed as
temperance men by principle, and those
engaged. to greater or less degree in
the traffic, unreservedly admit that the
unlimited sale of Intoxicating drinks,
carried to the extent that it would, un-
duuhtcdly he, by some men, it its traffic
should be placed beyond control and re
straint, would be productive of results
dangerous to the community, demoraliz-
ing to the people and of incalculable in
iurv to individuals. The trouble is to
produce an accord of opinion among all
classes, as to which is the true course to
be pursued. With comparatively few
exceptions, all are agreed that there
must be more or less intoxicating liquors
sold. not as beverage, but for medicinal,
mechanical and scientific purposes. This,
in prohibitory laws even, is provided for,
and it is left for the people themselves,
acting in their several counties to decide
to whom this power of licensing the sale
forsuch purposes shall be granted. Tenn
perance men, Of course, desire that the
use of this class of beverages shall en-
tirely cease, and, therefore, are only
opposed to prohibitory laws, because
they, in their opinion, fai! to accomplish
the desired result The trouble here
again is with the people. 1t is a fact,
and fact fraught with great danger to
the State and nation, that a law is not
and, perhaps, cannot be enforced when
contrary to the sentiment of the ma
iority Of the people. This, though all
wrong, is felt and acknowledged by II
large number of the most earnest moral
reformers-we use the term in its best
se-philanthropists and legislators.
The question is entering, more or less,
into politics, and has been considered
and discussed by nearly all the State
Legislatures in the Union for years past.
Tae form in which it is now most pro-
minently presented-unless prohibition
nav he an exception-is in what are
termed 'local option laws" The last
Republican state convention, of New
York gave quasi recognition of the
'qocal option principle by the adop-
ton of resolution, in substance, t,at
as the several towns and cities Of
that State had the right of licensing
the sale of intoxicating liquors, they,
also, had the right of prohibiting the
sale thereof. This would seem to be a
reasonable proposition, whether it may
be considered as a constitutional, legal
or political question. 1t may, to be
sure, be said that the right to forbid and
punish murder and other crimes does
not imply, or carry with it, the power OF
permitting the committal of the same
acts. The distinction is, however, and
it is a very important one-that the
crimes mentioned are, as the law con-
cisely expresses it, naGIuDa IN se-that is,
wicked in and of themselves, and are not
dependent upon statutory provisions tc
render them crimes. The sale of liquor
the use of billiard tables, ETC., are, anC
can be, only controlled, regulated ol
prohibited by express statute. We have
been somewhat amused to notice the dis
cussion going on, in reference to 'loca
option. in the newspapers of New Yorl
and elsewhere, and to observe that, il
their comments, they treat it as new
and untried measure for the solution o1
the troublesome problem of regulating
or prohibiting the sale of liquor. ha'
been tried in Vermont, and by unlver
sal consent thrown aside as useless. TX
go no further back than 1915, although
laws regulating the matter had been II
operation for some time before, ''loca
option law went into operation in Yer
mont, by which it was provided tina
three county commissioners" should b.
annually elected on the first Thursday
of January, with authority to "licens'
one or more persons in each town IL
their respective counties, whom the.
may deem most suitable, to sell wine
rum, brandy" ETC., for medicinal
chemical or mechanical purposes only,
but they were, at the same time, author
lied to, for fee ranging from two t
six dollars, to be paid to the county, Il
cense in every town in the county, il
their discretion, retailers" ''taverl
keepers" and grocery keepers Ever,
person, who sold distilled spirituou
liquors in quantities over a pint was
retailer, while one selling in less quan
titles than pint or by the drink wer
"deemed to be a keeper of a taver
within the meaning of the act" Thi
was "local option to certain extent
The constitution of the board of count
commissioners would, of course, deter