The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-16

To the Editor Of the Dispatch

On the eve Of the extra session OF tue
LEGISLATURE, which will be called upon 10
consider the question Of local option, you
have published Senator Bayards iettsr
written more than n year ago) III opposi,
lion to that policy. IL may he assumed
that your admitted fairness will not smut
ont from your columns a timely and tenn
peratc reply. As TO the allegation that the
delaware Senator was paid by the liquor
dealers for his services the present writer mas
nothing to say except that In the light oil
his general reputation the charge seems
highly improbable, and In the face oil his
positive denial utterly incredible. The
fact that the sentiments expressed by Mr..
Bayard are his sincere, deliberate opin-
ions, unsolicited and unpaid for, make 1t
the more important that the friends OF the
local-option movement should not remain
silent when these views go forth to the
world with all the prestige OF his honored
name. The first objection urged IL that
local-option laws arc OF doubtful con-
stitutionalty, because they are in conflict
with the representative character OF our
Government, which places the law-making
power in the Legislature and not in the
people, Possibly some courts in the coun-
try would so hold, perhaps some have so
decided. But it Is undeniabe that the con-
stitutionality OF thee local-optlon principle
has been fully admitted and established in
Virginia. Ii was settled by our Court Of
Appeals in 1855, when the question was
raised whether the Legislature could pass
an act establishing free school in
a particular district, and then enact that its
existence as q law should he made condi-
tional upon its approval by the people. The
Judges then composing our highest tribu-
nal-as learned, doubtless, as any who have
ever adorned the bench of Nirginia--all
concur. ed in the opinion that the act was a
valid and constitutional law. Judge Lee,
i'm giving the opinion OF the court, used
this emphatic and opposite language: "To
say in such case that the act is made by the
voters and not by the Legislature is TO
disregard all proper distinctions, and
involves an utter confusion OF ideas on the
subject. "-u3 Graf, p. 81 The highest
court of our neighboring State OF Maryland
has distinctly laid down the same views
(42 Nd, y. 12). II is TO be presumed that
Senator Bayard did not mean to question
the right OF q State TO prohibit the liquor
traffic under the Federal Constitution, be-
cause he could not have been ignorant OF
the fact that the United States supreme
Court has over and over again decided
that such power resides in the
States OF this Union.-fSeciion 9th,
Howard, p. 517; 9Th Wallace, PIP. AS,
476; 18th Wallace, +. 1891 The next OBJ
lection urged is that local option laws are
positively ineXpedicnt. IneXpedicnt. says
the Senator, because so far as his ex-
perience goes, well-regulated system
Of licenses has proved the most ef-
fcent check upon the abuse Of the liquor
traffic, and the statements he has seen OF
the real condition Of those communities In
which total prohibition has been attempted
have impressed him very strongly in
OF these views. II this
be true, then, with all respect, it
may be said that neither the eX-
perienccs Mr.. Bayard has had nor the state
ments he has seen are worth much. His
experience cannot bc worth much, for
since he relies on statements for his know
ledge Of the workings of prohibition his
experience has been confined to those CON-
in which the license system pre-
walls. IL is not wonderful therefore that
so far rs his experience goes licenses consti-
tute the most efficient check upon the abuse
OF the liquor traffic. The mo>tfcarfuly rum
cursed community IN the land has persons
in it who can say the same. The state
ments he has seen are not worth much, he
cause they are evidently &c pGrie. If the
Senator had seen all the statements, or
anything like all, that have come from
States and districts in which prohibition
has been established, he would have learned
that the testimony is not entirely on one
side, and possibly he would have learned
that the preponderance OF evidence is in
favor Of the vigorous enforcement and the
happy effects OF prohibitory legislation.
Governor st. John, Of Kansas, said
in public address delivered last
January in the city OF Brooklyn: sin
lie State OF Kansas, in at least three fourths
II the State. prohibition is rs absolute and
Is honestly obcycd and enforced AZ any
,ther law on the statute-boOk prohibiting
.rime." Concerning matters in Kansas !
,ome persons might prefer to believe those |
who speak and write in the interest of the !
some other persons would pre- |
cr to credit the declarations OF the man |
Who fills the gubernaforial char of the State. |
The present writer travelled last summer /
II Maine, and while thee took special |
)ains by careful observation and frequent |
TO ascertain the truth con-
'crning prohibition in that State, and be |
became thoroughly convinced that the law |
vas generally respected and enforced. lie |
vas in Portland. the chief centre Of pOpu- |
alton and commerce, and nowhere did he |
zee the least sign Of Illicit traffic except /
he statement in the morning paper that |
everal persons had been arrested and !
heavily fined who had concealed them
elves in the basement OF one Of /
he principal hotels to sell iquor |
o the summer tourists passing through the .
.ity. II as much can be accomplished i'm .
Maine and Kansas. wkore prohibition has |
,cen established by a general law applica-
DE throughout their borders, and conse-
luently embracing some localities in which |
public sentiment does not uphold the law,
what may we not hope from local option
which will everywhere have public
opinion sustaining il, because public |
opinion has adopted it! The work
ng OF prohibition by local option
n Maryland Is an unanswcrable ar
,ument in its favor. Starting about
welve years ago in two or three counties.
{ has gradually commended itself to the
,eople till now it covers nearly half the
errilory Of the state, and is hourly pre-
'aring for additional cohqueSts. | could
lot dare to ask you, Messrs. Editors. for
he space to give the testimonies that come
Up from all directions as to the efficiency
nd beneficial results Of local prohibition in
ur sister State just across the Potomac.
Let it suffice to say they will be furnished
D any one who may apply to Hon. William
,ancl, OF Baltimore.
The Delaware Senator declares-and
Gems to declare with special emphasis
incc the expression is in italics, that in
emperance is "a morbid physical fact,
o is smallpox. Is that any reason why
&c should license it instead OF suppressing
Z Again, 1t is declared by Mr.. Bayard