Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-14
MAINE LEGISLATURE.
sHNllR.
CONTINUED from first page,

and spur to degrade the constitution of this
State! |: is not seriously pretended that
this amendment, if adopted. will render
the prohibitory laws more efficient. 1t is
confessed that they have all the laws neces-
sary to prevent the sale of intoxicating Ii
quors. Their argument is that prohibition
is a great principle. and their purpose is to
place it where neither false friends nor open
enemies can successfully assail it. If a ma
jority of the people of this State should come
to the conclusion that some other legal
method would be more effective-that some
substitute for a Law which has already proved
q failure to accomplish the purpose INTENDED.
would do more to promote temperance, thev
shall be forever debarred from enacting it.
The rule of the majority is the vital prin-
ciple of republics, and what is this but a
purpose to abrogate that great principle !!
The evils Of intemperance all alike deplore
But in order to remedy those evils must the
people be put under guardianship? Must
the inalienable rights of the citizens be alb
rogated! Must a method be continued which
long experience has shewn can only result in
failure.
| affirm three reasons why this dogma of
prohibition should not be incorporated in the
constitution. /, That it does not accord with
popular sentiments; 2, that it subverts the per-
sonal liberty of the citizen; 3, that it is based
upon false assumption of science. Constr
tutions and laws in this country are based
upon the consent of the governed. This con-
sent is commonly called popular sentiment
A constitution or law which runs counter to
that sentiment cannot endure. 1t will either
be repealed or, in time, it will become mop
erative and dead. Now I assert that prohi-
bition has not, and does not now command
pppul ar nd thof ~, - 10
tempted to be enforced it is met with hostile
or unfriendly popular sentiment.
| am aware that l NAV here be met with
the argument that this is begging the question;
that the very purpose of this Legislature is to
Ascertain what popular sentiment is. How
many times is it necessary to test the question?
Twice before the legislature has sought TO
ascertain the will of the people, and twice
there has been failure to secure the en-
dorsement of majority of the
people. The attempt was made in
1858. The legislature of that year
repassed the prohibitory law and repealed
the license law passed by the previous legis
la'ure; and it submitted to the people the
question of license or prohibition. What
was the response? The prohibitionists organ
lied and went to the polls. On the other side
no organization was had and only here and
t1tIt d lew VI tnc Iuost uecHitu ITleuuS
of license turned out. What was the result?
Only 35,5SS votes were cast, %, S65 for pro-
hibition and 5,9l2 for license. No quorum
voted. The whole number Of votes for
governor that year was ll2,S9S. Less than
One-fOurth of the votes of the State were
obtained for prohibition. In 1867 the legs-
lature attempted again to ascertain the
will Of the people concerning prohibition.
That year it enacted a constabulary law, and
made the statutes still more stringent and
put the question to the people to say by yea
or nav vote whether they approved of that
law. The result was as before. The prohibi
tionists turned out in force, while the great
body of the voters remained away. The
total vote that time was but 24.S94.
For prohibition 10 35S; anti-prohibtion.
$685.. The gubernatoral vote that year was
1887 Less than one-fourth of the voters
voted and less than one 9th of the voters of
the State voted for prohibition. Comparing
those votes with the number of signatures
voters and nOn-vOters, which appear upon the
petitions that have been presented, a pretty
accurate estimate can be made of the number
of prohibitionists in this State. This faction,
after putting forth its utmost exertions to
procure signatures, has been able to obtain
only some 1900 names for this amendment.
This is only about six per cen: of the pOpula-
ton of the State.
But here l may be met with the argument
that the votes referred to are no test of the
popular sentiment from the fact that other
constitutional amendments were adopted by
less than a majority of all the voters.
reply that those amendments were on-parti-
zan. They were ratified by general consent.
But there is other and stronger evidence
to show that popular sentiment has been con-
slant against prohibition. For years down
to 1867 the attempt to enforce the law had been
made by individuals. Why was this method
which had been applied to the enforcement of
all other laws abandoned? 1t was because
that they encountered on every side an un-
friendly popular sentiment. Their efforts
made them unpopular With their neighbors
and injured their business. What was the
result Of the attempt to enforce the law by
means of constabulary? That force was or
ganized and made systematic attempt to
enforce the law. 1t everywhere encountered
the same hostile popular sentiment, and it
beanie so intense that republican legisla-
ture, in lS6S-only one year after this body
had been created, and as was claimed en-
dorsed by the people-hastened to repeal it.
seeing that if continued it would
prove disastrous to the party. Still
driven by the prohibition faction, the
party was afterw ards forced to pass law re-
curing town officers to enforce the law, and
afterwards to pass the sheriff enforcement
act The result was the same as before; the
same unfriendy popular sentiment was en-
countered. Those officers found that their
enforcement of the law would not only rem
der them unpopular but would prevent their
securing another election by the people, and
they desisted In 1880 the party. still hound
Cd an nv that faction further intensified the