Sword and shield. (Clinton, Miss.) 1885-1888, 1885-05-09

! AolhlChb huollHS IlIC ClHlC VI AhO
owner, tending to fasten his own idle
habits OH his family and to draw the
men and boys Of the neighborhood
into a bad moral atmosphere
place which in spite Of every care
will be attended by profigates with
evil communication, and OF best with
waste Of time and money followed
by the multiplication of paupers and
rOgues, has always been considered q
nuisance. Are the men who create
these nuisances, who erect these pig
styes upon every corner, to be ex-
cused by the presentation Of a State
license, and is the State to be ex-
cused upon the plea that it intended
! to keep these pig clean and IN
offensive? This is worse than nom
sense. 1t is trihing with great and
sacred interests.
Conceding that Prohibition has
failed in the past to prohibit because
Of errors in the laws and an unen-
lightened public sentiment, it must
also be conceded that license has
failed to regulate. If the principle
of Prohibition is right, and that of
license is wrong, is the State to be
excused from adopting Prohibition,
and justified for adopting the license
system upon the plea that Prohibi-
ton fails to entirely prohibit, when
it is true that license also fails to
regulate? Nay more. 1t has ap-
peared from the statistics already
quoted that under a prohlbitory
liquor law crime is less frequently
committed than under a license sys-
TEN. SO that conceding that prin-
ciple and policy do sometimes diverge
from one another-a concession made
for arguments sake-the tact will
still remain th.t prohibitory liquor
law is justifiable as matter of prin-
ciple and policy.
OF the assertion so frequently
made, that prohibItory law can not
be enforced, all that is necessary to
say is, that the desire is father to the
thought. The statistics already
mentioned give contradiction to the
assertion. That the remedy is not
completely successful is conceded.
No law ever is. Laws against adul-
terry, murder, arson and theft exist
in every civilized State, and notwith-
standing their existence these of
fences ale of frequent occurrence.
Yet no one proposes to abolish them
in consequence of their failure to do
away with crime. How is it that an
Argument, so puerile and nonsensi-
cal, that it is never interposed ex-
cept in the case of a prohibitory
liquor law, becomes so forcible and
logical when urged against a law
which seeks to stop the source from
whence all offences come?
In letter written by Joshua
Chamberlain in 1872, when Governor
of Maine, that gentleman, speaking
Of the prohibitory law, says, "The
law is as well executed in this State
as other criminal laws are. This
letter written to Neal Dow and was
published at the time in all the
leading papers Of the country. We
take it, therefore, to be true that
prohibitory liquor laws may be so
framed that the sworn officers Of the
law will not dare to conniye at their
violation.
2. Sumptuary laws are now re-
garded with disiayor and contempt.
The opponents of Prohibition, there
fore, appeal to this well-founded
prejudice existing in the public mind
against such laws, and would have
it understood that prohibltory liquor
laws and sumptuary laws are in eft
feet the same. A sumptuary law is
one enacted to limit expenditure
not to prohibit it. Its purpose is tC
prevent extravaganza. Under the
head of public economy, says Jus
tice Blackstone, "May properly bC
ranked all sumptuary laws agains
luxury and extravagant expense il
dress, diet and the like" So, too
Mr.. Chancellor Kent says, ''ThC
| sumptuary laws of Rome had thei
origin in the Twelve Tables, which
controlled the wastefulness of prodl
| gals, and unnecessary expenditur'
, at funerals. The appetite for luxur.
+ increased with dominion and riches
/ and sumptuary laws were from tim
! to time enacted from the 566th yea
! of the city, down to the time of tn
| emperOrs, restraining by sever
checks, luxury, extravaganza il
dress, furniture and food. Durini
5 the middle ages, the English, FrencI
r and other governments were equall
Q with the ancient Romans accustom
4 ed to limit by positive laws the ex
] tent of private expenses, entertain
ments and dress"
Il Webster defines sumptuary law
q to "be such as restrain or limit tn
+ expenses of citizens in apparel, fooC
h furniture, &C."
o Prohibitory liquor laws are nc
u enacted to limit or restrain extrava
d CANT expenditure. That is not til
s evil which the law seeks to remed,
/ To be sure such law involves th
o prohibition of expenditure for liquo
A but this does not constitute it
,r sumptuary law. As well might "
v term law prohibiting the sale
obscene literature sumptuary lay
because it involved incidentally
S prohibition OF expenditure for sue
i literature. A prohibitory liquor la
- - nol;oo rarnlation for the nrpvel