The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-06-16
THE TaMeERA 4oE AvANaaL
The BAXTER LAW.

n g IhmSERA fOG AVA W I'LL
THE BAXTER LAW.
WILLIAM BAXTER SPEAKS FOR HIMSELF
SOUND AND ENLIGHTENED ARGUMENT
LOCAL OPTION UNCoNsTITUTIoNAL-RE
SONS FOR ENDORSING THE LAW AS IT Is.
To the Editor of the Stsatnet:
SIR:-In a recent communication TO the
Cincinnati Gazette from its Indianapolis
correspondent, touching the probable ques-
ton which will come before the impending
political conventions in this state, the writer
says: 1- ~
ain regard to temperance there is but one
course the party can pursue. with any hope Of
success, and that is to meetthe question sqnsrely
the people. The platform must either a1opt
temperance or anti.temperance. There can be
rom p' bad o SHsS men 1n' II do not be
lieve he Baxter law, as it now stands, will be
ton whether the Hon. William Baxter himself
would advise such action, and know scores OF
men as radically In fav'r or temperance as he.
would unhesitatingly disapproye it"i1 .s,aa" :"
Nv hat the great majority Of the party wapt
convention, IS a resolution favoring "a trineent
excise law, coupled with local option, that will
prohibit where the majority favors prohibition,
and regulate where the majority will not pro-
hiblt.'
As my name is mentioned in the above
quotation, venture to trespass upon your
columns with thought or two-in relation
thereto.-I heartily endorse that part of the
quotation in reference to the propriety and
necessity of the convention taking cogni
zance of the temperance question. Having
canyassed ~ counties of the state and mingled
with leading men in all these counties | am
convinced that if the republicans do not take
hold of this question squarely and boldly,
disintegration will ensue. But l dissent
| from the opinion Of the correspondent when
he says that "a stringent excise law, coupled
with local option" must supersede our pres
ent law. l am opposed to a stringent excise
or license law because long experience
has irrefutably demonstrated, that
| it fails 10 check intemperaDce. The very
part that all the saloon keepers are clamor-
/ ing for such law ought TO convince every
| rejecting mind that such a law means the
untrammelled sale of all intoxicants. am
opposed to the local option part of the prop
osition because have every reason to be-
/ lieve that the Supreme Court would pro-
nounce it unconstitutional. When framed
the present law had In my mind local OPP
i ton. But on consulting several of the best
| lawyers and jurists of our state, touching
| local option, their unanimous opinion was,
that the Supreme Court would pronounce
| such provision unconstitutional. Hence
abandoned it and inserted the petition and
| majority clause. The argums mt before the
/ supreme Court to break down that clause,
fully convinced me that local option cannot
oe sustained before our Supreme Court with
the present constitution OF the state. So
that to pass local option law would very
soon end in having no law at all. Although
the present temperance law does not come
| up to my standard, yet my opinion Is that
the best thing The convention
can do, is to endorse that law NS
next legislature should pass supplement
tarv act, putting back the 9th section and
/ otherwise strengthening and rendering more
efficient some other sections of that act.
i One reason for such opinion Is, because the
principal points of that law have stood the
crucial test of the Supreme Court. This to
me is a very important consideration. But
i IL is no easy m after to draft strong, effi-
Il cent Temperance law that will bear the strain
of that court. Another reason is, because
; this law holds the saloon keeper responsible
tor the damages which accrue from his indis
criuainate and careless Observation-Disclosures us
protecting the people against the fearful
curse resulting from that traffic, third rea.
son is because experience has already shown
, that this law. has checked, considerably, the
traffic in drink and therefore saved the
CO immunity from considerable burdens pro
ceeding therefrom. On referring to pag,
four of s'cost and cause" compiled by ths
most thorough statisticisn,i John w. Ray
we find that under the old licensi
3 system in 10 years saloons increased over si1
times faster Than the polls, aud the humble
of convicts over four times faster. Soon
pare 1873 under the Baxter law with l67
Q under the license law, and We find as fol
a | lows: December, 1872, polls 26l, 500; sa
. looms, 1904; convicts committed, 345; MIN
counties without saoons.u December. 1873
polls 285,S saloons, b4S7; convicts, $50
| | % counties without saloons" From Decem
Der, 1878, to this time the contrast is still
more striking. Now, when we take int
consideration the newness of the law and
3 consequent want of knowledge on the par
of the people how properly to apply it. a
! well as the fact that many of the official
) had no sympathy with the law, this exhibi
. shows how wonderfully effscuye it will b
when put into rigorous operation Throughout
the state.
} There is an old adsge that says "let wei
enough Alone" and IL seems to me that W.
should stop to think before we repeal tina
law and substitute another. For Il, yself, 1 be
lieve now, as have ever done, that prohibition
r and prohibition only. with the civil damag,
clause included will remedy the great evi
that presses so heavily upon our people b,
the suicidal traffic in alcoholics; and it is h
this end that every lover of his race shoul(
steadily labor. But our present law seem
} to be more in accordance with the wishes o
/ the people, because it gives them the powe
! to determine for themselves whether the,
: will or will not have saloons in their midst
d and because it gives them the legal power Il
D defend themselves against the evils resulting
II from the reckless use of intoxicants. Thes
are some of the reasons, with several others