The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1874-04-10
WHAT IS THE LAW?
Legal Aspect Of The Temperance Movement

The following sensible article. written
by e. d. NJ. ." We take from the Cincin-
natl Gazette of n recent date. 1t is 70
the point, and is worthy of a careful
perusal:
There are several aspects OF the tenn
perance movement. entirely distinct from
what is called the women movement,
and that may be carried on TO any extent
and Yet leave other great questions to be
settled by society. Of course the first
great political question is what part the
law ought TO take. If we suppose all
drinking shops 10 be aLated on any one
day or year, they might arise again. y
controversy Of this sort i perpetual in its
very nature. Society must. in the end,
determine whether il VIII Interfere at all
by law. and II il does. in what way. The
law not only does interfere, but has done
so for many years. Not only that. but
it interferes in some ways Stringently and
severely. That point is settled. But there
remains open (and upon which there are
various opinions) the question in what
ICdy shall the law interfere! There is a
large party of PrOhibitionists and that
party is increasing. Then there is a par
ty of licensists. who think the best way
TO regulate or prevent the drinking-shOpS
il to encourage the great ones and kill
the Small ones, That is by putting the
license so high that the rich ones can pay
for it and the small ones can not! This
process will be very much like man
who undertook TO drive off serpents by
killing the garter-snakes, and leaving the
rattlesnakes and other vipers TO 20 at
large. 1t has been tried in Cincinnati in
all possible ways and the history of it
can be found in the files of the newspa-
pers. The Council used to license grog-
shops, and they tried it high and low,
with no perceptible change in the state
of affairs. But there was one good came
of it, As the chief business of the grog-
shops is to manufacture paUperism and
crime, the city got revenue to support
the paupers and punish the criminals.
But intemperance was not diminished by
combining drinking TO lager and beer
houses. The Washingtonian movement
did more good than all attempts to reg
ulate drinking. If the municipal gov
ernment wishes as the United States
government does, to raise a certain
amount of revenue, the more it taxes
whiskey and tobacco the better. They
are the proper subjects of taxation. But
what do you mean by licensing them!
Have you any right 10 make drunken
ness criminal. and then license itl 1t is
a contradiction of terms. The reason, as
well as all moral principle. revolts against
it. TO license house to make drunk
enneSS is precisely the same as TO license
a house of ilI-fame. The objects and re-
suits of both are criminal You cannot
selling liquor to drunkard If Il man
merely manufactures whisky, or sells it
to men who are not drUmkardS. it is law
ful business. This is what they assumed
when they began their ridiculous appli-
cation for injunctiOns, one of the most
absurd things ever undertaken by the
legal profession. To understand this,
let us see what the law j., and how it
works
l. Drunkenness is criminal 10y the law
and every man vino contributes to make
drunkard is L0JIe for his support
This seems to be forgotten. and the Di-
rectors of the infirlnary can sue any liq-
nor sellers who, by selling liquor 10 the
paupers. contributed 10 make them 80.
Perhaps by going into an investigation
they may get a fund.
=. ANY liquor seller who. by selling
drains. has made. or aided in making,
drunkards. is liable. not, as some sup
pose. only TO the wife or children of the
drunkard. but TO the employer. In one
word. any one interested III the labor of
the drunkard can sue for the loss of the
labor of his employe.
2. The liquor sellers are liable for sell
ing TO a minor and can be indicted for
il.
/. 1t is unlawful 10 sell on Sunday.
and they can be indicted for that
). All gambling il criminal, even TO
ten pin alleys, and the drinking houses
can be indicted for permitting it in any
form.
Now, how many drinking shops in
Ohio are not violating that statue. How
many can be found who are not viola
ting the criminal laws!
The fact is. there Is not one in five
which is not liable TO be indicted or TO
damages for making drunkards. This
is the law; and does it not present a
beautiful foundation for an Injunction
against the women. An injunction as
every lawyer knows, Is simply to pre-
rent something. which. if dcue, would
cause irrepdrdJIc damage. Isn't it beau
tiful to ask an injunction against ire
parable damage to a saloon keeper: But
such suits do good. They make the
people look into the law. they rouse the
public sentiment. and they lead TO clear
er and more enlightened views of what
ought 10 be done. and what may Ulti-
mately be effectual 1t may be, and we
believe it Is. impossible 10 Danish unnat-
ural excitement. and more than that,
all the depravity from the human heart.
Moreover, we would not be hard upon
the intemperate. The greater portion
of them would be glad enough TO es-
cape from their tolls Nor would we
be hard upon the saloon keepers. A