The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1895-05-01
DRUNKENNESS A DISEASE
An Important and Interesting Decision of
the Maryland Courts.

In 1894 the Legislature of Maryland
passed what is known as the "Avirett
Inebriate Act" which provides for the
cure of inebriates by the Kelley treat
ment-this. in the cases prescribed in
the Act, at the public expense. Public
opinion very strongly sustained the
new law, but there were, in the
minds of some persons. doubts as to
it's constitutionality. To settle this
question case was made up, to be de-
cided by the Superior Court of the
city of Baltimore. That tribunal sus-
tained the constitutionality of the law.
An appeal was taken, and the Court
of Appeals, in we'll considered opin-
ion, afiirms the decision of the lower
court. The following is synopsis of
the opinion. delivered by Judge Rob
ertS.
After stating that the principle in
voked by the act has the same force in
its application to the condition of an
habitual drunkard as to a lunatic pau
per, and that the law is general in its
application is intended alike for city
and county, the opinion continues:
whilst it is not claimed that the
Legislature has absolute and unlimit-
ed control over the applicant, there
can be no doubt as to the power of the
Legislature to require the payment by
the city Of a sum requisite to defray
the expenses of maintenance and med
ical treatment of habitual drunkards
residing within the corporate limits
and committed under the provisions
Of the law now under consideration.
Ii the Legislature has authority, which
we do not question, to treat habltual
drunkards as class of citizens who
are entitled to be restrained or medi-
cally cared for by placing them in in
stitutions for treatment, it would nat
urally follow that in so far as the law
applies to the citizens of Baltimore the
expense of the treatment of its habit
ual drunkards ought reasonably be
borne by it.
It had been contended that the act is
ir conflict with the constitution, and
that the Legislature had no power to
compel the city of Baltimore, without
its consent, to tax its citizens for the
treatment of habitual drunkards at an
inebriate asylum. Continuing, the
opinion says: 1T is one of the gravest
conditions of the century in which we
live, and Of which legislators have
been compelled to make observation,
that the victims of the excessive use Of
alcoholic stimulants, narcotics, &C.,
have grown to be legion; not of heal
thy, robust manhood, but of broken,
debauched and decrepit men, against
whom and for whom, as class, pub
lie sentiment has right to appeal to
the Legislature for protection. Lord
Bacon has said that all the crimes on
earth do not destroy so many of the
human race nor ALLEVIATE so much
property as drunkenness Mr.. Justice
Harlin in delivering an opinion said
There is no justification for holding
that the State under the guise merely
of police regulations, were aiming to
deprive the citizen of his constitution
al right, for we cannot shut out of
view the fact, within the knowledge
of all, that the public health, the pub
lie morals and the public safety may
be endangered by the use of into,;icat-
ing drinks; nor the fact, established
by statistics accessible to every one,
that the idleness, disorder, pauperism
and crime existing in the country are
in some degree at least traceable to
this evil >" After quoting other au-
thorities Judge Roberts concludes:
There is nothing in the contention
that the title to the act violates article
3, section 80, of the constitution,
which provides that every law enacted
by the General Assembly shall en-
brace but one subject, which shall be
described in its title. The title pro-
vides for the treatment and cure of
habitual drunkards, and it is claim
ed that this contains more than one
subject. and that in the provisions Of
the act nothing is said about cure,
but reference alone is made to the
treatment of habitual drunkards. But
we think the Legislature must have
been influenced by the conviction
that the cure would in some instances
at least follow the treatment, and
that cure and treatment constitute but
one subject.
Thus. by the judgment of the high
est court of the State of Maryland it is
held that drunkenness is indeed dis
ease. to be treated by proper scientific
methods It is also seen that the
methods of DR.. Kelley are recognized
and directed to be employed.
The Kelley treatment is successfully
administered at the Kelley Institute,
Columbia, S. G.
Five FeSroes Lynched.