Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1883-08-07

| tiOus anu euuCatiou AZ the Hresluc, III lus
church, the public school, the press, ant
all other means BY which individual and
public sentiment is formed-what is
commonly meant by the term "moral
suasion," must be our great reliance in
furthering the temperance movement.
LAW AS AN ADJUNCT OF MORAL sUAsIoN,
There is large and respectable class
Of men who insist that moral suasion is
the only practicable remedy for the gigan-
tic evils which arise from drinking prac.
tees and grog- shops, and that law can
not afford us any aid. "Men," they tell
US, "cannot be made virtuous or tenn
perate by law" While there is an ele-
ment Of truth in this statement so far as
it relates to the inward desire and pur-
pose, yet it is untrue so far as it includes
the external temptations which so often
overcome desires and purposes to lead
virtuous and temperate lives. 1t is here
that law comes in to remove or mitigate
temptations which obstruct the victories
Of moral suasion. Indeed, the only JUS
LITIGATION of any interference by law with
the liquor traffic, whether by Incense re-
striction or otherwise, rests on this as
sumption, and all who favor license re-
strictions, as we'll as prohibition, practi-
cally concede that law is an essential ad-
jlnct of moral suasion in the work Of
promoting temperance.
LAW AND PERSONAL LIBERTY.
1t is claimed with much persistence
that while license restrictions of the liq-
uor traffic are proper to protect society,
yet that the prohibition of the dram shop
is an unwarrantable and unconstitutional
interference with the personal liberty of
the citizen 10 use what he pleases, so
long as he does not injure. his neighbor.
But why do not the restrictive features
Of license law which prohibit the sale
of liquor by ninety-nine hundred of the
citizens, and forbid that hundreth from
selling after midnight and on Sunday,
interfere with the personal liberty of the
citizen as well as prohibitory laws which
prohibit the sale before midnight.
But neither prohibition nor license
touches the personal liberty Of the citizen
to use liquor. II is the business of SELL
ing liquor which each forbid-,he latter
at certain times, and the former at all
times. This distinction between inter-
fering with business and avoiding direct
interference with the personal liberty Of
the citizen runs through our laws. The
law prohibits the sale Of diseased meat
and toy pistols, but it does not forbid any
one from using these articles.
The we'll established principle Of in
reference by law with practice or bus
from which the community is liable to
injury, is this Regulation when the
business or practice is such as to make
i, feasible to guard for the most part
against incidental evil results-as for ex-
ample the sale of poisons and gunpow-
der Prohibition when the evil results
are so constantly occurring and so inevi-
tably connected with the business as to
defy regulation that will prevent serious
injury to society-as for example the
keeping of gambling houses and lottery
establishments, the sale Of toy pistols,
etc.
The Supreme Court Of the United
States stated the constitutional aud COM
mon sense principle very clearly in their
decision affirming the constitutionali.y
Of prohibition, when speaking through
Chief Justice fancy. they said in sub
stance. that any State may regulate the
liquor traffic, or prohibit i. altogether if.
in the judgment of its Legislature this is
necessary to protect society.
THE PRACTICAL ISSUE.
The real and only question at issue
between prohibition and license is as to
which legislative policy will better pro.
tect society against the temptations Of
the dram shop, and tend to diminish
drinking practices. This is practical
question which must be solved by an sp-
peal to comparative results, And in
considering results, it must be borne in
mind that no law does or can extirpate
the offence or evil against which it is
aimed, The test of success of any stat
ute is whether on the whole lit Restraints
or mitigates the offence or evil 90 far as
any law can. And in determining this,
| it will be found that there are the same
difficulties in enforcing the restrictions Of
license as those of prohibition, growing
out of the fact that the victim of the
dram seller endeavors to protect his de-
stroyer, while the sufferer in the case Of
other offences takes the lead in prosecu-
ting the offender. AS rule prohibition