The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1882-10-27
The Local Option Law.

MR.. EDIroR: Although your readers are not
likely TO be mised in their Interpretation of this
law, by the incautious communication of your
correspondent, Advocate, yet 1t would hardly
BE- just to SO great and good cause rs that he an
tradiolcd by the records and the facts. He says
"This is a law attempting to enforce total abb
not one word about 'a6stinencea in it from end
TO end 1t deals with public traffic, not person,
al habit. The liberty to drink anything and
everywhere, remains untouched. Advocate
can take his keg of beer, or demijohn of old rye
into the court, and take his seat by the judge on
shall he empty, and the law which the people are
asked to ratify on the It'll of November, will not
disturb him, 1t prohibits the sale of intoxicating
"glving away" the intent and practicable effect
is only prohibition of sale, and if it were not
there. lie says; "lt eau not be enforced in any
State without an unwnrranted inerference with
rights and liberties of the people, This is ms
opinion. But there is another opinion worthy of
quite as much consideration This dinering
opinion Is held by the Supreme Court of Of the the
State of Maryiand Chief Justice fancy says; IF
any State deems the retail and internal trahc in
ardent spirits injurious to its citizens and oalcuI
lated to produce idlencss, vice or dehauchery,
wee nothing i'll the constitution. of the United
States TO prevent it from regulating or restrain
ing the traffic, or prohibiting ii altogether.
Howard 577. Justice Mclean says: IF it be in
nifty, a state may, in the exercise of that great and
comprehensive police power which lies at the
Of its SPoe ca PG9hp she sse OF
tail spirits as a matter of right" Ibid 597 Jus
tices Daniel Woodbury.. Grier and others might
be quoted to the same effect. The Court of APP
peals of our own State contradicts your cores
pondont as to the rights and liberties of the
pc ae case
Whose opinion will the voters of Hartford county
take, your anonymous correspondents or these
high authorities? This form of prohibition has
been in force in this State since 1858. 1t now pre-
walls in nine counties The first act was repealed
for three years and then re-enacted and ratified
by lurL majority. 1t has been in force in the
18th district of Somerset comfy for 81 years. The
only other case OF repeal was in worcester c3un,
rendered it Intellectual. Why have not these laws
been repealed 20 not the people n these couns
If deprived of them by the practical operation of
local prohibition, would they not, In less than q
The other way. This policy grows in favorevery
year We had distinguished example of 1t only
last week in Somerset county. Hon. j. ". Girls
field, one of the ablest lawyers of the Eastern
Shore, who had opposed local option and voted
twice against it.. presided at temperance meet
ing in Princess Anne. He frankly. acknowledged
that he had been in error the good effects of the
law hud converted him, and If he ever should have
sa@e is tPpe Substantially Of G1-G CO. p F.
Thomas, of Talbot county. Are three fourths of
the people in nine counties In this State ignorant
enough to be satisfied with "the product of intem-
perance, tyranny and fanaticism p The writer
who can apply such language as this to 1858 OF
Alb voters on this question: in this county, OBJ
serves very natural caution in writing over
fictitious signature.
But your correspondent grows still more reck-
less, IL possible, when he says: 1t (he local op-
ton law would make it unlawful for any person
to drink at his own dinner table glass of wine or
cider made or bought in the neighborhood. -
Now, where is the warrant for this assertion, in
the law submitted to the people of this county,
making nor the buying nor the drinking of any
thing 1t only prohibits the sale of 'sprituous,
fermented and Intoxicating liquors and ALCOHOLIC
bitters. Hence giving away at place Of 6uSneSe"
is prohibited because If done at such place, 1t
beavailed of to eyade the law and to make a vir-.
tual sale. 1t is the traffic, the 'Rroggery and
common tavern" which your correspondent says
should not "be allowed" which this law aboshes.
esa ore framing to hs rs hs
Have we not tried this experiment for century?
Who're is it regulated by law? Is 1t not cruelty.
barbarously, wickedly adulterated everywhere?
is it not sold to minors and drunken men, despite
all your regulations The fact, attested by long
experience, is, that where the sale is permitted
lawless men cannot be kept out of the trade, nor
regulated in It,; We can point your oorrespon-
neral poIiteai and industrial Interests Of The
people greatly improved, but your correspondent
can not point us TO the traffic regulated SO as to
give these results anywhere.
In the same issue of your paper, Mr.. Editor, Is
another anonymous communication addressed
the one have been treating that the answer to
one answers both equally well, except in the sim
ge matter OF definition; II Is there ga. said that
extent of farm" 1t means no such thing. The
law of Frederick, Washington and Cecil counties
employs exactly the same language as that now
pending In this county and there has not been a
single case of prosecution for ''giving away" at
the private residence, the farm house or the farm
Our law makes clear and unmistakable distinc-
ton between "giving" and selling" 1t makes
1t unlawful to sell lat any place." except by "a
regular druggist or pharmacist" for medicinal
purposes but giving is unlawful only at speci-
fed pace-"a place of business, which is defined
in the acts of 1853 chapter 49, ta, rrn, store
grocery, shop, boarding house, victuallng house,
or place OF public amusement" To say that q
dwelling house or farm Is "pace of business is
to say what is contradicted by universal useage.
1t Is customary TO call place of public barter
and trade place of business, but the private
dwelling and the farm is ntref so called. The
private sideboard will be as free under this
law as 1t was hundred years ago, and the bad
custom of treating visitors to intoxicating LIQUORS
does not come under any prohibition of penalty
of this law. Let Advocate" let "Anti- Prohibit
tionists' prove The contrary. b. f. BENSON.
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