Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-21
Is Local Option Uncon.usut,ona, ?

n ~
II Local option Unconsfitutionssf
To The Editor Of the Dispatch:
In the debate on local option in the
House Of Delegates, as published in the
Dispatch a few days ago, one of the
most prominent OpposerS of the bill de-
clared that it was unconstitutional. lie
mercilessly ridiculed the bill, but he
did net give one argument in proof oil
IFS unconstitutionality.
The Supreme Court Of Pennsylvania
decided the local-option law of that
State constitutional, which forever set
ties the question often raised as to< the
constitutiOnality of such measure.
The Legislature gave such law to the
people in 1872. The vote Of the PEG.
pie taken in the same year resulted in
establishing prohibition in forty one Of
the sixty-six counties of the State. The
law has had severe sitting before the
courts Of Georgia, but they have failed
TO show that it is unconstitutional.
Seventeen States Of the Union have
favored local option in the counties and
towns. Canada, by vote Of the Do
miniOn Parliament, has submitted the
question to its people. District after
district has declared for it. The best
legal talent in this country has failed
to establish that local option is uncon-
stitutional.
The right to prohibit any business
that is injurious to the welfare Of the
community is everywhere conceded.
1t is an old maxim in common law,
"SdlUS popuh SupremGe est leE the
welfare Of the people is the supreme
law. Blackstone says :: " Common law
requires that a man should not use his
property to the injury Of another; the
consent Of the party injured is no miti-
CATION OF the offence" Upon these
principles, so obviously just, all our
laws limiting and regulating the busi-
ness Of the country are founded.
Our laws prohibit the publication Of
obscene literature, the sale Of lottery
tickets, and gambling. They deter
mine, in many instances, the height and
location Of our buildings and the mate
Iial of they are constructed. They pre-
vent the storing Of explosive materials
in cities, the damming-up of water on
ores own premises when the health
and safety of the community are endan-
gered by it. In short, " the welfare of
the people is the supreme law" to
which all statutes are expected TO con-
form. If it is found that the liquor
traffic endangers the peace Of society /;
that it is the chief source Of crime,
pauperism and destruction by riot which
burden society by oppressive taxes {;
that it is the greatest cause Of domestic
unbappiness, public vice, and waste of
life and subStance-then society has a
right to demand a local-option law.
Society surely has the right 10 protect
itself. About two years ago the Dis
patch published one Of Richmond's
best judges as saying; 1.-The records Of
this court show that two thirds Of the
crime tried at its bar is engendered
directly or indirectly by the use of
ardent spirits and the estimate Of the
Police Justice is that eighty per cent.
Of that tried by him springs from the
same source" Yet we are told by
gentleman in the Legislature that it is
unconstitutional to seek by legal re-
striction in the passage Of local-op-
ton law to arrest this great evil.
We are told also If local option
is adopted it will cut the State out Of
$4O0,O00 revenue annually" | reply;
Save us from the crime, the vice, the
pauperism and idleness engendered by
the dramshOps of Virginia, and we can
do with 100000 less of revenue. The
gentleman tells US what the State gets,
but not one word as to what the
prisons, the asylums, the poor-houses,
and the homes are getting from the IL
quor-trafic. Talk Of the revenue that
comes in through the liquor-license
There is such thing as being penny
wise and pound foolish" The liquor
interest is q bankrupt and a pauper.
1t could not pay five cents on the
dollar Of its just obligations to
civil society for the damages it
inficts. Let it support its own beg
CARS and paupers and criminals-meet
the expenses Of all the criminals it
sends to our courts ia connection with
other losses sustained by it, and it is
doubtful whether it could pay as much
as FIVE cents on the dollar. Statistics
show, as an illustration, that the
liquor traffic Of New York city paid
s350,000 into the city treasury for
licenses in 1850, and the city comp
troller paid on Of the city treasury
about $1,000, 1000 to pay the expenses of
the courts, police, and prisons IS the
cost Of supporting the traffic. In our
counties the sober people are taxed,
every man in the community Is taxed.
to pay the losses and expenses incurred
by running the liquor-shOp.
Z. NJ. PETERSON.
Matthews Courthouse, Va.