The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1897-02-06
PRESIDENT ELIOT ON LIQUOR
LEGISLATION.

gives an interesting statement OF the
results of study of the liquor ques-
ton by committee of which he was
chairman. AS regards prohibitory
legislation, it has developed, accord
ing to President Eliot, certain effects
by no means wholesome as respects
the means by which it is enforced.
"The efforts to enforce it, says Pres
ident Eliot, during forty years past
have had some unlocked -for-efects
on public respect for courts, judicial
procedure, oaths and law in general,
and for officers of the law, Legislators
and public servants. The public
have seen law defed, whole genor-
alton of habitual law-breakers saved
in evasion and shamelessness, courts
ineffective through fluctuations of
policy, delays, perjuries, negligence
and other miscarriages of justice; Of
ficers of the law double-faced and
mercenary; Legislators timid and in
sincere; candidates for Office hypo-
critical and trucking and office-hold-
ers unfaithful to pledges and reason
able expectation"
This is certainly strong and per-
haps true, indictment of prohibitive
legislation. A mere reading over of
the indictment at first glance gives
the impression that system or law
that produced such brood of evils
can not be good. A clearer second
thought throws more light on the
question and relieves the burden. A
prohibitive law in itself has no power
to change honest, incorruptible men
into insincere, mercenary and shame
less men.
1t may and certainly does, try the
officers charged with its execution,
but so, more or less, does every law.
The difficulty lies deeper. 1t is in
dividual and organic. il an officer
Of the law is shutting, evasive, hypo-
critical, mercenary, lacking moral
and mental stamina, with no regard
for his oath or the duties of his office,
the results will be as President Eliot
declares them to be. That the peo-
pie elect such vertebraless men too
often to positions of trust and honor
is only too painfully apparent. But
if they elect them twice, the shame is
that of the people. Laws are made
to be observed and enforced and
courts and officers are the instruments
by which they are to be enforced.
And this brings us to the grave
difficulty of all prohibitory liquor
legislation. Our courts and officers
as at present constituted cannot, &C
cording to President Eliot, enforce
prohibition Legislation simply because
the judges and officers are elective
and being elective are dependent up
on popular favor. This is the gist of
the whole indictment set forth by
President Eliot in his atlantic" arti-
Gle though not expressly stated. The
remedy seems clear. We fortunate
ly, also, do not have to go far for ex-
ample. Give to American courts the
dignity and permanency and the free
dom from popular influence that the
courts of Canada, and still more,
those of England have, and it will no
longer be 30 difficult to enforce laws.
This is a point of more practical i'm
portance even, than whether State
has prohibition liquor legislation or
license laws.
Very many people, and good tenn
perate people at that, do not believe
in prohibition liquor legislation as
the best means of dealing with the
liquor traffic in America. And GER
tainly, judging from President Eliot's
arraignment, they are justified in so
believing. But whether we have pro-
hibition liquor legislation or not, it is
all important that we have incor-
ruptible judges and executives. 1t
is not alone tie liquor traffic that cor
rupts courts and lawyers and officers.
There are constant influences at work
that undermine the confidence of the
people in the incorruptible judges
and courts; and these influences
ought, far as possible, to be mini
mized, or removed altogether, if pos
sible. They are minimized when
Judges, as in England, or as judges of
the Supreme Court in this country,
hold their offices for life or good be-
haviour. Judges should be appoint
ed also, and not elected. What is
good for the Supreme Court of the
United States ought to be good for
the Supreme Court of Illinois and
good also for the courts of Cook
county.
Remove the Judiciary as far as pos
sible from the temptation to cater to
the popular favor, and there will be
chance to enforce whatever desirable
legislation might be enacted. Until