The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-03-08
Proper and Legal Prohibition.

Prohibition is necessary to redeem
our city and county from the fearful
evils of intemperance. Moral suasion
has failed to remove the evil, because
those most deeply interested can never
be reached by argument and moral
suasion as long as the law throws its
protecting shield over the traffic, for
they take advantage of such protection
and soothe their consciences with the
plea that what they do is legal. There
fore, absolute prohibition is the only
remedy, and it is, as we have clearly
shown in former articles, proper, le-
gal and constitutional remedy, and
does not invade the rights or liberties
of any one. Society has right to pro-
tect itself against all things that con-
taminate its morals or endanger its
safety. Man is born into society and
is subject to its restraints, aud is pro-
hibited from doing many things that
possibly he has ? natural right to do.
He has a natural right, if he owns a
lot on the Avenue, to build frame
house thereon; he has natural right
to set his slaughter house where he
chooses, to traffic in poisons, to fire his
own dwelling; but as member of So
ciety he may not do these things.
Why9 Because Others have rights that
must be respected. The common good
requires that he foreg these things.
1t would be edifying for the liquor
men, who are ever harping about pro-
hibition being an Invasion of their
rights, to consider how extensively
they are bereft of their liberties bysub-
mItting to the social state. No man
has right to use his property, or to
engage in business that will destroy
domestic comfort, reduce his neighbor
to beggery, or scatter discord and VOC
through a community. The whisky
traffic does this and hourly proves it
self an agent of mischief with which
no other can compare. And there
fore it may lawfully be pro-
hibited. The Supreme Court OF the
United States says that State may, ia
the exercise of that great and compre-
hensive police power which lies at the
foundation of its prosperity, prohibit
the sale of intoxicating liquors, and
this opinion is ccncurred in by the
courts of all the States that have
rendered decisions upon the law, and
we have the following opinions from
two of them:
Possessed of the power of abso-
Lutte prohibition under the Constitu-
ton, it seems to follow that any relax
alton from a plenary exercise OF such
power, or qualified and conditional en-
actment by the Legislature, by which
license to sell may be obtained in the
way and subject to the liabilities i'm
posed by the act, cannot be an en-
croachmcRt of legislative authority,
unless, indeed, the Legislature should
transcend some settled principles of
fundamental law respecting the trial
or mode of prosecution or punishment
of the party charged with an in
| fraction of the provisions of the
act, or with having incurred some iia-
bility under it. Acting IN obedience
to those fundamental principles, in
accordance with which the guilt or liza
bility of the party charged must first
be ascertained and established, and the
| judgment of the law rendered against
him, it seems competent for the Legis-
lature to attach such consequences,
civil or criminal, TO the mere act of
sale as it pleases, even when such sale
is made in pursuance of authority Of
the Legislature qualified or gwen for
that purpose. Enp0toered 10 prohibit
entir6ly, the Legislature may license
sub modO, or conditionally only. - Wis
coHsi,l Supreme Court, 1878.
''In the exercise Of its police power,
State. has full power to prohibit, un-
der penalties, the exercise Of any trade
or employment which is found to be
| hazardous or injurious 10 its citizens
and destructive 10 the best interests of
society, without providing compensa-
tiVn to those upon whom the prohibi-
ton rests. ."-M.ehigaH Supreme Court,
The People Ha,eley.
II the trade or employment is found
to be hazardous or Injurious to socie-
ty, the State may prohibit such trade
or employment. Now, the whisky
traffic is injurious 20 the best interests
Of society. II occasions thiee-fourths
OF our crimes and criminal prosecu-
tons. 1t creates poverty anc misery
| for us 10 mourn over. IL trebles the
expenses Of our police and criminal
machinery. ana calmly hands over the
bill to be paid by the virtue and thrift
OF the country. 1t infuscs It's poison
through every vein Of society, foster
ing every vice and stimulating every
bad passion. But back Of all these
visible effects OF the stupezdous evil
there lies field Of deyastation which
has never been fully explored. It is
the violated sanctuary Of domestic
peace, the wasted realm Of the social
affections. From the under world Of
suppressed wrelchedness there comes
up through chasms violently rentopen
the low, sad wal! OF agony from those
who writhe under the slow torments OF
a desolate heart and dying hope. /
appsal 10 all who have loved ones in
peril from the reductions Of this great
evil. / appeal TO every friend OF ylr-
tue and order-to every man contrib
uting to the support Of our city and
county-to all who care for themselves
and care for others, TO vote for local
option. Banish strong drink and our
mechanics will learn 10 love and
sdorn their homes and educate their
children. Our city and county will be
free from strife and discOrd.
sAnd sovereign law. th.t States collected vii.
Ger thrones and globe elate