The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-07-31
THE NEW HAMPSHIRE NUISANCE ACT.
A Republican Measure That Is Causing
Whisky-Dealers Much Trouble.

Springfield Republican.
1t is interesting to note that while Maine and
Rhode Island have been increasing the sale OF
liquor in their large cities by attempts to prohibit
the evil by legislation, the Granite State Legisla-
ture at its last session passed an act which is not
wholly on the side Of the rumseller, but makes
lots of trouble for him. The law is a unique piece
of legislation, known as the nuisance act" and
was passed 10 the heat and confusion of the rail-
road fight that made the last session the most
disgraceful Legislature that New Hampshire has
ever assembled. Thus the law is necessarily
crude and will need much tinkering by another
year. but through the determined efforts of the
large crop or temperance ref0rmerS that has
sprung up a notable wave of liquor extermina-
ton has swept over the State. The act went in
to effect Jan i, and ia as follows:
Any building. place or tenement in any town or
city that is rosorted 20 for prostitution. lewdness. or
illegal gambling, or that is used for the illegal sale or
keeping for sale of s%pirituous or malt liquors, wine or
cider. is declared to be a common nuisance.
The Supreme Court shall have jurisdiction in
equity. upon information fled by the solicitor for the
county. or upon petition Of not Jess than twenty
legal voters of such town or city, setting forth any of
the facts contained in Section 1 of this act, to re-
strain, enjoin, or abate the same, and an injunction
for such purpose may be issued by said court or any
justice thereof.
The prosecution began almost as soon as the
act went into effect, and has been such as TO
greately alarm the ''saIoon element" The re-
CURED number of voters were found in nearly
all the large towns and cities, and in many OF
the smaller ores: the hotelkeepers and drug
eists were included. and in some places the law
was carried to an extreme that caused consider
able Inconvenience, especially as the druggists
retaliated, and liquor for necessities was un-
available. When the dealers are found 10 be
stealing back TO their old stands they arc at
tackled again.
The act is. however. regarded with consider
able suspicion by the ablest members Of the New
Hampshire bar. In this connection a well-known
exjudge may be quoted. He says: The act is
crude, and no LAWYER. l think. would venture
an opinion as to what its construction may be.
Several cases involving its construction are now
before the court, but no decision has yet been
announced. / understand its practical effect
has been TO greatly alarm the liquordealers. in
somueh that many places have been closed by
the owners in the larger towns
Its political effect has been tending to
strengthen the Republicans, who are the au-
thors Of the measure. in the State ticket. and
the act will be an important plank in their plat
form; but at the same time it will not add Pro-
hibition votes TO the national ticket, and the
situation will involve considerable scratching"
The State prohibitory party will smile on the
nuisance act. but it has already scowled vigor-
onsly and necessarily at the platform of the
Chicago convention in the columns Of its organs
published IN the State.