St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-21
VOICE OF THE PEOPLE.
Fdraey of High License.


or low license, and it is asserted with great
vigor by those who have assumed the charge.
not only of the arguments but also OF the
proposed legislation which they expect to pro-
duce thereby, that high license upon the
retail dealer, ranging from $500 upwards, Is
the complete and only panacea for all OF the
ills which they attribute to this traffic.
Ia the suggestions here to be made con-
corning this matter it is not the purpose OF
of the question in any or all of its
phases; it is simply his d sire to examine
the matter from dispasslonate standpoint
and bring to aid In the discussion of
the well known general principles of
Justice and constitutional conservatism,
which ought to govern any question
of legislation, and control a question so
largely involving private rights aud interests
as this one, to see whether the proper control
of the traffic, if such control is needed, can
be completely and entirely effected by rails
ing the license from its present figures to
the sums which are suggested on behalf OF
the agitators.
Such examination as is here suggested,
and which it would seem ought fairly to be
made, is rendered somewhat difficult by the
failure on the part of the high
license agitators to clearly define
their position, for they have
not as yet Informed either the public or the
legislature what their real object is. II the
present discussion and advocacy of high Ii
cense is by them simply intended as an en-
tering wedge for a future prohibition that is,
if their position is that the traffic aud use of
liquor ia, per Sc, immoral, and ought for the
public good to be finally and forever termi-
mated, the discussion can be simply and rap
idly carried to an enc, for the question would
then ouly be whether or not the citizens
would choose to surrender their private tastes
in this matter to the dominion Of the legis-
lature, without discussion on the part of the
people at large, aud abide by the result of any
Legislation that might be hurriedly and care
lessly enacted.
If, on the other hand, the doctrine OF high
license is urged upon the ground of the po-
lice power of the state, and for the purpose
of regulating and to certain extent con-
trolling the traffic in liquor, recognizing that
such traffic is in some form to be acquiesced
in and permitted, the question assumes an
entirely different phase and one which adj
mits of legitimate and close argument as to
the means by which this END, i. e., the con-
troll of the traffic, can be best effected.
Conceding to the advocates of high license
that the latter object stated is the one in
which they claim to be conscientiously en-
gagged and that their demands for high
license begin and end with that and that
there is behind them no Interior object look
ing TO prohibition, it may be well to call the
attention of the public at large to the present
condition of things as they exist in this state
concerning the trade In liquors.
The American doctrine concerning the
liquor traffic has unquestionably surrendered
its control to that portion of the state govern
ment known es the police power, and which
places in the proper legislative body the most
complete and entire control of the subject
that lies within the regulation OF the power
thus granted. Where the state can properly
exercise its police power, the subject matter
to be regulated can be permitted to exist only
upon compliance with the rules which may
be enacted for its govern ment, or may in
the exercise of such power be put entirely out
of existence.
1t is the unquestioned American law on
the subject that the traffic in liquor Is under
the control of the police power of the
state, and 1t is upon this doctrine
and upon this alone, that the right of prohi-
bilion, regulation, license and local option
a lesser form of prohibtion-is planted and
supported. 1t follows therefore that the
state has complete and final control of this
entire subject, either through the state legis-
lature or such lesser and local quasi-legisls
tive bodies consisting Of municipal corpora
tiops, t. which the state may and does dele
gate its powers in this behalf
We have then here q condition of things
in which the power of the governing body is
com plete and unrestricted.
II Is with the manner in which that power
should be exercised that this paper has to
deal.
Passing for the present the arguments ad-
dueed in behalf of high license, let US con-
slider the more important question Of the
exercise OF the enormous power con-
fded t0 the legislature or its delegates. The
question 10 be considered is complex and
delicate one, and one In which the supreme
power spoken Of should be guardedy exer-
cised for the reason that 1t reaches almost If
not entirely 10 the line of sumptuary legisla-
ton which is denounced by the constitution
Of this state and of the United States, and
also by public opinion derived from our re-
publican institutions, the force of which
must not be disregarded or underestimated.
The great reproach to the governments of
The middle ages and 10 the form of colonial
government in this country has been that
the private tastes, habits aud desires OF the
individual upon matters which were not per
Sc immoral OF contrary TO the public welfare
were sought to be modelled and restricted
by the few, aud with the in
evitable effect, that while the governing class
were permitted the largest liberty, the masses
Of the people were compelled 10 live after the
methods thus devised for them by individ-
uals with whom they had little If anything in
common, and hence the many outbreaks
and revolutions against such form OF gov
rrnment and legislation, for when the masses
understood their rights and appreciated
their power they invariably resented such
interference and produced such changes in
the form Of govern ment as eqUalized the
personal rights Of all individuals. and hy
founding other communities upon better or
more liberal principles, practically termi-
mated all experiments of the character known
as ''cass legislation.
The notable defect in the proposed high
license legislation is the failure of justice
in the principle advocated. The state
having the supreme control Of the
matter, the right 10 exercise that control in
any manner that it sees fit and for the puT-
poses of the general good, Is here asked To do
Indirectly that which il can do directly IL 1t
sees it.-that IS to say, il is asked 10 raise the
amount of license TO such figure that II
will operate as practical prohibition upon
all persons who have not succeeded In &C