The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-07-22
Secretary Bayard on Local Option.


81. cal option inserted an article in
your issue of July 9Th, as coming from
the pen of Hon. I. F. Bayard touching
that subject, written more than four
years ago, in which he uses this language,
II agree with you in thinking local
option laws of very doubtful constitu-
tionality and positive inexpediency."
This was in answer to communication
from some one who was opposed to
"local option" and had some design in
having the weight of such distinguished
authority on his side of the question,
and doubtless misled the great states
man by perverting facts and furnishing
ex -parte statistics. Hence we conclude
that the article above quoted from was
hastily written and not duly considered.
Mr.. Bayard is the lineal descendant OF
long line of noble ancestry and has oc-
cupied conspicuous place in American
politics for more than a quarter of
century, and is constitutional lawyer
of no mean ability. Yet he declares
that sslocal option is of doubtful con-
stitutionality, when there isnot single
respectable authority that can be cited
in support of bis views. On the contrary,
decisions of the highest judicial tribu-
nails in the land have been rendered sus-
tanning the constitutionalty of such laws,
when the direct question under consid-
Grafton was ably and exclusively argued
on both Sides 1t is no longer an open
question; local option laws have been
in operation too long and have worked
too successfully to be called into ques-
ton at this late day. Even the enemies
of the laws have quietly acquiesced in
the inevitable, after making stubborn
and desperate fight, and now attempt to
avoid the force and effect of them by
raising the hue and cry that "prohibi-
ton does not prohibit" Many counties
in this State have ''local option" stock
law, differing in its essential features ac-
cording to the wishes and Views of the
people in each county and ascertained
| by popular vote. The people do not
assume the functions of the legislature,
| by so doing, as Mr.. Bayard asserts, and
make laws, but they make known their
wishes as to whether general law already
enacted by the legislature shall be oper-
alive in that district or county. In the
early history of this country, when the
subject of prohibition was first agitated,
| the enemies of the measure took the
ground that they now take on the sub
| iect of sslocal option" and declared most
vehemently tina. it was unconditional.
| The question WAS carried through all
the inferior courts until it reached the
Supreme Conrt of the United States,
when Chief Justice fancy put forever
at rest the vexed question in the follow
ing emphatic language: eff any State
deems the retail and internal traffic in
ardent spirits injurious to its citizens
and calculated to produce idleness, vice
or debauchery, ] see nothing in the
constitution of the United States to
prevent it from regulating or restraining
the traffic or from prohibiting it alto
gether, if it thinks proper" Howard,
557.
That has the ring of the true metal
about it, and is a center shot. LII the
distinguished statesman makes such an
egregious blunder on the very threshold
of the subject in his random, offhand
opinion about the constitutionaIity oil
the law, it is more than likely that be
blundered all the way through. Espe.
cially sowhen he speaks of great moral
economic and financial question as q
thing of "expediency" or positive mex
lpediency." With due Difference to the
eminent statesman's high character and
exalted worth, we do think that he
has not treated this grave subject with
that patient thought and thorough in,
vestigation and research which is char.
acteristic of the man. If there is any
subject of greater Importance on which
depends the welfare, happiness and
prosperity of the teeming millions oil
people who Inhabit this land we have