Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-07-03
MORE RUM.
The Operation of Liquor License
Laws in Massachusetts,.
How They Are Not snforced-6oston Whis-
key Shops-The License Commission"
The Liquor Squad-COmparisOn
of Results Between License
and Prohibition.
AN INTERESTING LIQUOR LETTER.
s,cic,y o,yresponaence orthe Register.

BosroN. Mass, jane S0.-In my last let
ter gave you the experience of Massachu-
setts under prohibition; telling how the
law was enforced in some localities, and
utterly disregar6ed in others; how the State
constabulary became so corrupted as 10 oe
overthrown, and how through many causes
the entire system Of prohibition was after
a long trial abolished.
In 1875 the prohibitory law was repealed
and license law passed. This legalizes the
sale Of LIQUOR by licenses under various con-
ditions-wholesale, retail, etc.-accordlnG
TO the class of the license. Under the
law no liquor can be sold between
the hours Of midnight and ~ H., or on
Sunday, or to minors, or by an unlicensed
person. There is also civil damage act,
and law providing for the inspection OF
LIQUORS and fine OF $500 for selling adul-
terations. Last year the Legislature passed
a law providing that license should not be
issued in towns which voted against them,
and this became operative this year. A
large majority OF the towns voted against
license. The total popular vote lin total
of 165 OOOA was in the negative by a few
hundred majority. There j. also a screen
law" so called because it tbids the use OF
screens, in any position,
Before the Bar,
which may tend in any wa. 70 obstpuct the
view from the street.
In most places outside OF Boston, where
license have been issued, th' law is said TO
have had pretty fair ent rcemeat. Pro-
hibitionists, although not @enerally salts
fed with the law, have honestly and earn
estly given countenance to IS application;
While not actively aiding as q general
thing, they have nowhere been obstruc-
tionists They have never believed that
the law would prove success, but they
have done nothing to precipliate- failure.
They insist that it is impractical to license
a wrong or to limit or to suppress that
which in itself is right. Therefore the
license law is an anomoly. But the fullest
possible test is desired by all eX-
Cept few impracticables in order that
the prohibitory law will stand 2s practl'
cal measure in contrast with the weakness
of license, and the influence for intemper-
ance and evil. In many towns, however,
no licenses are issued, it being optional
with the selectmen or boards of aldermen
to issue any or none. In such places liquor
is sold N ore or less in violat; ~ CO the law,
and here those who would most naturally
be in favor OF license would take prohibl:
ton from choice, so as to stand on an equal
footing with those in other towns, knowing,
too, that if there should be vigorous at
tempt 10 enforce prohibition the courts
would be so clogged that their cases could
not be reached except through repeated
and almost universal pleas OF guilty
As was the Case
when there was an understanding to that
effect between the rum sellers and the State
coustables
In order then to get the fairest picture OF
the working of the license law, we must re-
turn to Boston, where there are nearLy
| 5000 persons in the business, and where
| the machinery of government has been es-
peciallv adapted TO the existing statutes.
| The present license law was passed i'll 1919,
1 and went into effect the following year.
| Under il the selectmen in towns and the
| boards of aldermen in cities, had the power
Ito grant, refuse or revoke any license
Ihefe was no obligation upon the authori.
ties e any town = city 2 i,sns TSs a S.mse
Of ID Tosses ~ whose Citizens hare always.
Sssn tsS % oppossa Grant RsSniDsa0n Rcensss snS ND
the labor of ~hearning all applications
| deyolyed upon them, which became an in-
| tolerable burden and nuisance. Hence
law was passed providing for the appoint-
| ment of three license commissioners, for
the city of Boston.
The ;.license commission of 1877 grant
cd licenses with great liberality. Nearly
| everybody who applied, unless the protests
were very positive, obtained their license.
| Those who sold had, in almost all instances,
the right to carry on the business. But the
restrictions of the law were not regarded
very closely. The hours for closing were
| not needed, and the internal arrangements
were often in disregard OF the statute
| This was up to this time divided reSPon'
sibllity in the
Administering of the statute,
and the laxity alleged was one of the chief
arguments before the Legislature Tor a
change in the commission. The next year,
under the Police Commission" open cor,
ruption was charged. The stories about
the Commissioners created a great scandal
at the time, and brought not only the Com
mission but the law itself into disrepute.
Since then there have been isolated, vague,
indefinite charges of various kinds against
the official conduct of the Commissioners,
which have been of such a character as
tended to lower the standard OF morals,
bring the law into contempt, and invite in
fraction Of other laws as well.
Several places OF the very worst character
| have been granted licenses TO sell liquor.
When the attention of the commissioners
has been called to the fact, they have given
various reasons for it Among Others,
they allege that the prosecuting attorneys
in our criminal courts, and the members OF
the detective force have asked that certain
plaCes be licensed, because they are resorts
for the criminal classes, and the proprietors
will more readily give assistance TO the
prosecuting officers if they are well used
another reason given is that such places
must exist, anyhow, and u Is better u
license them and keep them under the
Best Surveillance Possible,
rather than have them utterly lawless
in every regard. But the same commission
has refused to grant licenses in other in
stances to just such places, the proprietors
of which ply their vocation in defiance OF
law and policy. When questioned in regard
to these the answer has been, substantially,
"0h, such places will exist, but We don
think it hardly becoming to give them the
sanction OF license. Besides, il they have
no license they will be no more careful in
regard 10 their business, will have more
orderly places, and will be more apt,
through fear, to help the police Verify
the reasons for official action are past find
ing out.
Police patrolmen, detailed for special
duty on the liquor squad" as it is known,
engaged in looking after the licensed deal
erS and in the detection of unlicensed ven
dOrs, have complained that they have been
removed from this duty and sent back
to their stations, or even to some other
remote precinct for regular work
because they have been toe
vigilant in eDdeayoring TO make saloon
keepers and others, who had friend al
court" obey the law. In one or two in
stances, now in mind. there seems to be nc
other reason. One of the best officers OF the
entire force was thus punished bat the
transfer was only temporary because he
had friends whose influence and dctum
showed them TO be bigger than old Grant. u
These facts and others were presented to
the mayor, and they may have had some
influence in the
| Removal OF the Commissioners.
The law forbids the sale of liquor to any
one intoxicated, or any one known TO be {
drunkard.> And yet there are scores o.
places in the city where notorious topper
| a minor or any ono else caD pat dead dru L