The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-08-25
,ATEs OF sURsCRIPTIoY:
The Local Option Law Reviewed.
RosEDALE, Miss, Aug. 7, 1886

this letter. Ahe 6AcGtAoH uhhrF Tic 81
eqlied local option law will be over in
Hind-, and j, for one, as a constant
reader of the Jackson papers, will be
clad Of il. 4 more unwise, undemo
cratic, and in my opinion, unconstitn
ti0BsI measure notwithstanding the
opinion of Judge Terral, affirming its
constitutionslity, which | see in last
weeks CLARION was never passed by
Democratic Legislature, or approved
bv Democratic Governor. The Law in
unwise. because we had and have had
almost since can remember, a local op
tlun law under which the majority IL
ever, town, city or district, have had il
la their power 10 prevent the sale Oh
LIQUOR. by either refusing TO sign peti
non. tor I,s sale, or by SIGNING counter
petitions, and thus quietly, aud without
expense. give expressi To their wishes.
lt is bad policy To hold elections t.
settle purely moral questions-ar this
auf-ti0u OF "eale" or no sale" confess
elly h. 1t is especially so in 81 State
Ike ours, aud win the voting population
We have. Thousands Of voters, according
10 the papers, are registering and voting
on this question, who had practically ceas
ed 70 take any interest ia elections, and
had become content to let those who were
best informed manage all public affairs
since they had become convinced that
their rights and liberties were secure. Ii
is uuwise, also, because it tends to stir
up strife In communities where peace
would otherwise prevail, for any heated
election contest leaves scars behind which
it takes long time to heal. Besides,
elections to settle this question viii in
eyitably result III making it party
question. ! care not what the prohibi
tI,nist may say to the contrary, that
man who denies this ~ wilfully blind
or IL trying to deceive others, and is
ignorant Of the influences which make
and sway parties. Look at the slavery
question in its beginning. | remember
when / was at college in Northern
State in 1916 and l647, the aholtioDists
asa distinct class, for they we're not
party, were few, comparatively. There
we're but two parties, the Wing and
Democratic. Candidates for Office,
whether Wings or Democrats, sometimes
ayowed themselves abolitionists to get
their votes They claimed, then, as the
prohibitOnists do now, that 1t was pure
iy a moral question-Jhat politics had
nothing 10 do with it. See the result.
But few years, and the Republican
party was born, and while disclaiming
any purpose 70 abolish slavery, yet did
abolish 1T. Understand me, | am not
regretting its abolition. On the contrary,
though once a slave holder, | am glad OF
IL. / am only trying TO show by this in
stance how moral questions sometimes,
if pushed too far, get into politics III
spite OF the assertions which are made
to the contrary.
The law is unwise, too, because drum
keuuess is not on the increase in our
State. Let any man who is of my age
Fho is not fanatic on this question
look into the past and recall the scenes
be has witnessed before the war, aud
deny tins if he can. Then only white
man could publicly buy and drink whis
Ky the negroes had not that privilege.
Let some of my old friends IN Jackson
recall those good old times" and say il
1t be not true that there were more big
sprees among white men then than now
Il he SAYS no, then | will say he never
took "trip on Mississippi steamboat,
or attended an old fashioned barbecue,
or went out of his home at night if he
lived in town. Ii is rare thing now to
see a gentleman intoxicated ON II steam
boat or iH "a public place, and IL Is equal
ly rare To see drunken negro. The
truth is, the negroes SO far have shown
themselves since they became free, To
be Il remarkably sober aud temperate
Face. there are few who rel Use Il dram,
but lever sill who drink To excess. The
truth Is, the world rs getting better
every day IL /, getting more temperate
every day II Is getting mure religious
every day-not that iauatical religion
which Says stand thou apart, for am
hOHer than thou" aud would place
guardians over men better than them
selyes-but that real spirit of charity
which recognizes that each man must
account for himself to the laws of his
country and his God Tor the liberty OF
action and of conscience which has been
gwen him.
The law is undemocratic, because if
there Is any principle OF democracy
which, like the laws of the "Medes and
PersIans," cannot be changed, it is tina.
every man shall have the fullest liberty
Of action in the choice of his occupa
ton, In his conduct and mode of living,
IN his eating and his drinking, and every
thing which pertains to this life, subject
only to the restraints which may be I'M
posed upon him by law to prevent his
lnlurlng others, or infringing upon their
nights. Therefore, if a saloon keeper
Keeps a disorderly house, or in any other
way violates the law, let him be punish
ed. If a man becomes intoxicated
and makes public nuisance of him
'elf, let him be punished. This is
as tar as the spirit of democra-
cy goes, or ought TO go in the gov
eminent of men. But this law Is espe
cially undemocratie, because, while pro-
lesslng to give to the majority the right
to decide whether liquor shall or shall not
Oe sold, 1t yet declares that if they decide
IN favor of the sale, it shall not be sold
unless twenty five real estate owners"
shall recommend it in the town or dis
met where the application is made. II
this Is not undemocratic then l admit
know nothing ot democracy. But this
provision Is, also, | think, repugnant TO
the constitution, perhaps not 10 any ex-
press clause, but TO It's whole spirit,
which Is opposed TO class legislation
what rights, privileges or immnnities
nave the real estate owners under our
constitution, mCre than that large class
o citizens who, either from choice or
necessity, do not and never will own real
estate, and many of whom, in morals, IN
ihltlllgence, In love or order and al
interest III its preservation, are the peers
VI The best real estate owners In the
land2
h.sw
fated towns in the State-iowns Incor-
poraIed at the request of their citizens
Vothable them the better to improve
them and preserve order-in which
twenty five real estate owners cannot be
FOUND, and it lis the boast OF the prohi
ollloLists that in all such towns, even
Nhere the majority in them and IN the
county Is for the sale, no liquor can be
so.o Tor want of sufficient number of
slis favored class to recommend the SIP
plicart.
There are other provisions of the law
opposed TO the spirit of democracy and
llsepugnant To the constitution, besides
1his one, and the points which were DIS.
cussed by Judge Terral in his oplnl =
smrmlng its constitutionality, but this
,etter Is already TOO long differ With
sudge Ierral in his opinion upon the
ohly points which seem to have been
raised before him, but cannot further
~ spass on your space TO discuss them
ne is, know, an able and learned Judge
IS well as a most estimabie gentleman,
out he will, l hope, pardon me when
say that he does not seem TO have heed
"a the advice which an old lawyer once
gave to newly appointed Judge, and fnat
vas, never to give his reasons TOT ms
uecisions, because his decisions might pe
hight, but his reasons were almost sure