Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-03-05
A VICE OR A DISEASE (?
JUDGE S. R. DAVIS on THE LEGAL TREAT
MENT OF INgBRIETY.
Fine and Imprisonment Usually Have No Eject on
the Habitual Overwhelmingly and Prae-
teal Craftsmanship Nay Mitigate tho
Evils Of His Condition.
spens, Correspondence or tbs S4adly Rsosstr,


WINGED that our present legal system OF
treating drunkenness is not only en-
tirely Intellectual as corrective. but
grossly unjust and uncharitable.
From an experience on tie police
court bench OF nearly seven years
have witnessed some remarkable pheno-
Iaaas In the conduct OF men who have
been arrested Is criminals and arraign-
ed for intoxication. This observation
and experience has led me to quite rad
ically change the views ] formerly held
on the subject of drunkenness and It's
proper treatment.
oDco entertained the opinion that
drunkenness was voluntary and vicious
habit, aud so repulslve In the indi-
vidual that very severe punishments
and restrictive penalties in strong
doses should be melted out 10 the OF
fender. 1t seemed to me that the man
who, from a mere wanton desire 10 IN
dulge his gross appetites, deliberately
became drunken and an offensive OBJ
iect TO his fellows was not only upde-
serving Of the much mistaken SYM
patty which his neighbors bestowed
upon him, but rather deserved the in
| Fiction OF punishment severe enough TO
forever deter him from repetition OF
| the offense.
lam not familiar with the statutes OF
all the States and the police ordinances
of the different cities regarding drunk
enness, but l presume they are much
like the Iowa statutes and the ordinances
of the Iowa towns. The Iowa statute
prsscribes minimum fine OF $40 or a
maximum term OF imprisonment or 30
DAYS, at the discretion OF the Court. III
the Court administers the fine, and the
offender is unable TO pay and is commit
ted i'm default OF payment, he is i'm
prlsoned three days, the statute COM
putting the value of one day at 1888.
There is one singular feature or the
Iowa statute. 1t provides that IL the
accused will turn informer and prose-
cute the person who sold him the liquor
illegally he can in that manner escape
the penalty for his oifense. Although
/ have offered hundreds OF men ar
raigned for intoxication this opportuni-
ty to avoid the penalty, in but three in
stances have the accused filed the COM
plants, and afterward they refused TO
continue the further prosecution, pre-
ferring to take the punishment. have
noticed another trait common 10 all
men arraigned for intoxication. They
seldom reproach the liquor seller for
his fundamentally In producing their
unfortunate condition. The average
man who comes into the Police Court
shoulders the entire responsibility upon
himself.
There are three classes OF men ar
raigned In tho pol ice court for intoxica-
tlon-the periodical! spree men, the hab-
itual drunkards and the occasional
drinkers. The latter almost by accident
gets into the lookup while INDUCING in
a convlvlaI bout with associates. This
, fellow very seldom appears twice In the
police court. Indeed be Is generally
some well to do young man, whose hu-
initiation is so complete that he does not
| appear in person, but hands over the
amount Of his fine TO the good natured
| policeman, who enters for him plea Of
guilty under an assumed name.
The man who goes on a periodical
spree is one OF the greatest sufferers.
After long debauch, In which he be-
comes unruly and ungovernable, the po-
lice, after exhausting every means to get
him home. are compelled to take him 10
the station. When arraigned In court
the next morning, he is physically and
mentally sick, and protests that he will
reform IL the court will extend Glenn
ency. In many OF these cases the police
Judge Is sorely perplexed to know what
10 do, especially on the first srraignment
OF the offender, when he is unacquaInted
with his character and habits. The low
est fine is generally given in this case,
and the prisoner admonished that rep
clifton OF the otfcnse will result In an
increased aud much more severe PEN
atty.
1t isn't great while before this man
again appears in court, and often his
friends quietly request the court to re-
strain him by imprisonment for week
or two In the hope that he will have am.
pie time 10 sober up and become repent
ant. can recall several cases where
u,,soners themselves have asked to be
sent 10 ;sil TO protect themselves from
tho Indulgence OF their terrible appe-
titeIfor Iiauor, 5Tt such cases are rare.
VERY few men viii voluntarily go to
Jail, and there are few men, no matter
how degraded, that do not feel the dis
grace Of jail sentence.
Tue habitual drunkard has a some
what different experience In the Police
Court. lie is repeatedly arrested. re-
peatedly fined and repeatedly imprison-
ed.
There IS not q more pitiful or moro
repulsiye sight than morning In the
Police Court, with its grIst OF "plain
DRINKS" to be facetiously commented
upon By the evening newspapers. Poor
fellows, with bloodshot eyes and aching
heads and throbbIng temples, with
parched throats and burning stomachs!
have seen them drink gallons OF water
TO ouench the awful thirst, these
brothers OF mine, sick nigh unto DEATH
Some of these offenders are entitled TO
little sympathy and deserve severe PEN
Mites. They are those who are chronic
brawlers and disturbers OF the public
peace, fellows who are source Of trou-
BILE to the police even when sober, but
who become positively deviiish under
the stimulus OF alcohol. In these cases
the law is not severe enough and IS I'm
potent 10 restrain them in their war
fare upon society.
But a large majority OF the unfortu-
mates who are arraigned in police courts
for drunkenness are victims OF disease
rather than criminals, Jet the courts are
compelled TO punish these sick men 10
the same way as law Is meted out to
common thieves, and the sheriff often
has ia custody honest bat sick men,
with whom he can deal no better than
! with the worst criminals. What wonld
be thought Of . Law which would re-
ouire police magistrate 20 fne nan