The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1875-12-31


these oppressive laws develope and foster
every single day through the years of their
existence. Crime, in this respect, is at a
premium. The man who makes II few hun
dred thousand dollars by defrauding the
government in cases of excessive taxation,
laughs at the charge He has money enough
to fee those engaged in his prosecution so
as to insure his acquittal. The response
bility for these crimes lays with those who
enact laws, the violation of which the
strength of human nature is unable to re-
sist. Our Legislators may take this asser-
ton as flood for thought" Though truth
may be in "the bottom ofthe we'll" patient
search will find its hiding place.
In what light are we to view "laws," the
Inevitable tendency of which leads to u
dishonest evasion ON the part of citizens
We leave the answer of this question to our
readers.
The fraud and dishonesty resulting from
these restrictive laws is truly appalling to
all Iight-minded persons who have given
the subject thought.
These general remarks are designed us
predatory to what we have to say on the
present prohibitory law-or want Of law
existing in our own county lHartord)
sent us in the last State Legislature had no
instructions whatever from the people as
to the passage of any sumptuary laws, or
as to the taking Of any action having ref
erence to the manufacture or sale of spiritu-
Gus liquors. The people of the county were
not consulted regarding their views upon
the subject by their Representatives"
subject, as before stated, that "majorities"
have no right to act upon. Now, behold
the position that our people are placed in
In bungling effort to please, and gain
popularity with few of our diseased-liv-
cred and dyspeptic citizens, our "repre-
sentatives" undertook to restrict the sale
OF the already much restricted and long.
suffering" spirituous liquors to certain
number of hotels in the county, without
naming the maximum or minimum num-
Der, leaving this essential point toward the
perfection Of the law, or, in fact, to make
1t law at all, to the grand jury Ct the
county, at its succeeding meeting What
was the result The grand jury had its
meeting, and not wishing to assume the
responsibility that the Legislature had
"shirkcd," and not desiring to incur the
odium that they would have to bear per-
sonally with their tavern keeping neigh
bors if they Disseminated between one
and another, they simply took no action
whatever in relation to the issuance of Ii
censes for the sale of liquors, thus suppress
ing the sale Of spirituons liquors in the
county without even consulting the citizens
upon the subject This expeditions and
short CUT in "circumventing the devil"
far exceeds any New England legislation.
The grand jury, being under no compul-
sion, and not wishing to assume any re-
sponsibility in the matter, as before said,
there being no law making it obligatory
upon them to do so, adjourned without is
suing license to any one in the county
for the sale of liquors, thereby establish
ing aprohibition never contemplate by
our Legislators.
The result was that the people of the
county felt outraged at this usurpati0n of
their reserved rights"--this passage of
negative law-not prohibiting the sale of
liquors, but simply abstaining from its ar-
thorization-and many of them asserted
that the hotel-keepers had clear moral
right to disregard this absence of positive
law upon the restriction of the sale of Ii.
quors, as the error in its construction was
confessed on all hands. With this view.
a number of dealers were assured by the
people that they would he sustained in
supplying the "needful," for it was univer-
sally known that total prohibition had
never Geen contemplated by our "represen-
tatives, and that such proposition would
never be entertained by our people.
When it was found that the grand Jury
"declined' to take any action in the "un-
finished business" Of the Legislature, leav-
ing the hotel keepers without license to
sell sprituous liquors, our citizens became
alarmed; and many of them united in Sc
curing the services of some of our ablest
lawyers to 60 before the State Court of APP
peals with the view of getting "rectifed"
what our legislative Representative" had
omitted to complete. Although it was
well known to everybody, and so confessed
by the representatives themselves, that
there was no intention to prohibit the sale
of liquor in Hartford county; yet the Court
of Appeals could only decide upon the
conStitutionality ofwhat the Legislature fail
ed to do. The court decided that the Ler-
islaturc could omit for the time being, if
it saw proper, all legislation, without any
violation of the Constitution. In this case
the Legislature had omitted the enactment
OF any law regarding the sale of spirituous
liquors, and, in doing so, had left the Con-
stltution intact.
This was all that was before the Court
of Appeals for its decision. 1t could not
take cognizance the unexpressed motives
of the Legislature.
This being the status Of the case, the
grand jury of the county, which lately as
scmbled, found sundry true bills" against
sundry dealers in the "crGoked," ESQ called
in the recent st. Louis cases) and in
the execution OF its plain duty in such
cases, the court placed various more or less
heavy fines upon the individuals so engage
ed 0Eey having no license, because the
clerk was not authorized to furnish ANY,
The majority of the dealers knowing that
| prohibition was not designed or desired,
sold their wares openly, and when called
into court they as honest men confessed
their so called guilt. They openly con.
iessed that they had accommodated in this
respect, sin their sore need" judges, law
yers, doctors, jurymen, and the more nu-
merous, if not more thirsty, laymen. The
fines were nevertheless imposed for appear
ance sake, if nothing more. The dignity
of the law O has been vindicated and tee
totalers are jubilant.
SO far as the writer is aware, this prohi-
bition has not worked any conspicuous
reformation in the morals of the people,
Indeed, contrary result has been produced
evasion of the SO calledlaw has followed,
amounting in a strictly moral sense of view,
il we omit the temptation consideration, to
|, downright dishonesty.
, State Senator Aydelott, of Worcester
county, who dsclams the use Of any OF
, the spirituous liquors in his own person
and would like to sec every one else alb.
J stemious like himself if they would be-
come so by choice, speaks OF the futility