The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-03-23
PROHIBITION IN CONSTITUTIONS.

The prohibition of the manufacture and
sale of Intoxicating liquors is one of the
prominent questions before the country. In
several states it is political issue, and may
! become such in any state. Doubtless every
state in its time will have to wrestle with
the problem. This liquor question is one
that affects old and young alike; the home
and the community; the morals and the
pocketbook; the liberty of the individual
and the peace and general welfare of the
community. If intemperance could be
abolished, or by some means the use of in
toxicants as beverages be altogether
stopped, there can be no question but what
society would be better off. In despair OF
completely destroying the evil, good men,
men who have the good of their fellowmen
at heart, have sought to diminish the evil
they could not stamp out of existence; but
that they have adopted and always carried
out the wisest methods for the accomplish
ment of their laudable object, is very ques-
tionable
Three plans have been adopted for dealing
with this serious question: First, the en-
actment of laws by the state prohibiting the
manufacture and sale of intoxicants; sec
ond, the adoption of local option laws, by
which each township or other local eli
vision of the community shall say whether
or not it will permit the sale of intoxicants
within its limits: and, third, the adoption
Of high license, with view to diminish
the number and improve the character of
the places were liquor is sold.
The first plan is the one urged by those
who will be satisfied with nothing short OF
a complete destruction of the liquor traffic,
which, however desirable the object, has
miserably failed wherever the plan has been
tried. OF late years the radical temperance
people have sought to insert prohibition
clauses into the constitutions Of a number
of the states, and in several instances have
succeeded Such an issue is now pending
before the people Of Pennsylvania, and will
be voted on in June. Rhode Island has con-
scented to re-submit that same issue to her
people On the 18th instant the people Of
New Hampshire decided against constitu-
tional prohibition.
The reasons why Prohibitionists seek to
inhibit the manufacture and sale of liquors
by amendments to state constitutions, is
because of the instability of statutory law,
which to-day is, but. tomorrow may not be.
Constituents may instruct their represen-
tatives before sending them to the legisla-
ture, but they cannot compel them to act
in accordance with those expressed wishes.
The power of the liquor interests can be
exercised in electing men to the legislature
who can be influenced in its favor, and
mere statutory prohibition is thus in con-
slant danger Of being wiped out On the
other hand it is argued that while the law
is the work of the representatives of the
people, the constitution is the work of the
people themselves. A kind of reverence is
felt for it, and legislators, when they take
their oaths to support the constitution,
bind themselves to enact laws to make the
constitution effective Therefore they in
sist that the only prohibition that can be
made lasting must have its foundation in
the constitution.
That argument is reasonable and the con-
clusions based on it are correct. 1t is, how
ever, capable of being extended further
than Prohibitionists would, perhaps, care
to have it carried. While it is true that
the people have a reverence for the consti-
buttons of their respective states, it is also
true that in order to perpetuate that sacred
regard for them they must be meddled with
as seldom as possible. A constitution is
and ever should be merely an embodiment
Of the fundamental principles Of govern
ment, and nothing more. If too much be
into it, if it enter two much into
matters of detail, if the lists of its inhibi-
tons and permits be made too long, de-
scending into the minutia of the affairs Ct
it is all the more likely to fire.
quent infringement, which leads to what
we may properly term constitutional i'm
an evil greater than that of in
for once engendered it threat
ems the stability of all government and
the peace and security of society. This
crowding into constitutions amendments
for every evil under the sun is calculated to
degrade the constitutions to the level of
mere statute books, and destroy that very
reverence for them that it is to the interest
OF all to preserve. The prohibitionists now
complain of the instability of statutory law,
but the course they are in favor of adopting
would soon make the state constitution as
unstable as the statutory law of which they
complain.
Furthermore, prohibitionists maintain