Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1901-04-04

whether there was any law 20 punish
the person who committed them or
not. acts that trangress the in lerent
human sense of right, morality. and
justice. They are known to the law
as acts that are mala in Sc, that Is
evils bad in themselves, natural
wrongs. On the other hand, the traffic
in intoxicating liquor is not an act
that is bad in itself, that is a natural
wrong. In some states, in most states
and most countries, il is perfectly law
full. In Vermont, it has. under GER
tain conditions, been forbidden by
statute and has, therefore, become
wrong because it is prohibited, or. as
the law expresses ii, mala prohlbita.
The traffic in intoxicating liquors in
Vermont is not wrong in and of itself;
il is not a crime per Sc; 1t is crime
merely because the statute forbids It,.
And because of this, the prohibitory
law is no more to be classed with the
laws against theft and murder than
the law against catching a fish out
of season is to be classed with the
laws against theft and murder. There
is nothing inherently wrong, nothing
a. dBuMN Iut AdhAhE VI a AAAA
out of season. But il has been made
a wrong, not against morals but
against the state of Vermont, by an
act OF the general assembly. The
prohibitory law Is in exactly the same
class. But, in spite of its declaration
to the contrary, the Free Press cannot
seem to get away from the old idea
that the law was intended absolutely
TO prohibit the traffic in liquor and ii
asks whether, because it does not ac-
complish its design entirely men
should abandon il any more than we
should abandon the laws against theft
and murder. The Messenger has al
ready shown that the prohibitory law
ana the law against theft and murder
are not analogous. If the Free Presg
is rot content to accept this papers
opinion, il is at liberty to confirm II
by a little search of Blackstone S
Commentaries, the elementary books
of our English common law. But there
is another reason why the prohibitory
law and the laws against theft and
murder are not analogous. The laws
against theft and murder do not pro
vide that certain amount of theft
and murder may be committed in the
basement Of the city hall within GER
tain restrictions and under the super
vision of an aficer appointed for the
purpose and that all thefts and muir
ders committed elsewhere shall be
illegal But the prohibitory law does
provide precisely such an arrange
ment Here. then. is practical illus
tration Of The Messengers contention
that the laws are not analogous Under
no conceivable circumstances could 1t
be lawful to commit theft and murder;
under certain circumstances II Is law
full to sell liquor. Now a thing that
is immoral, a thing that is bad of it
self. should never be permitted by law
to any extent. no matter how trifling.
II should be prohibited absolutely,
just as are theft and murder. And
vet liquor may be sold under certain
restrictions. And right in this very
fact. that the prohibitory law does
allow a certain latitude for the traffic
in liquor and a wider latitude still for
the use of ii. is the point that our
ultra prohibition friends never seem
to admit-that liquor legislation is
merely a matter of expediency and
not matter of absolute right and
wrong. And If it is a matter of ex-
pediency, the present prohibitory law
of Vermont is properly open to criti-
cism, and. If it is properly open to
criticism, the men who seek TO make
alterations in its provisions in the
interest of that same expediency are
no more foes TO temperance" than the
men who as a matter of expediency
framed the law in the first place.
2. The fact that prohibition drives
the traffic underground is an argument
against it.. despite the assertion of the
Free Press that that is not an unmixed
evil. And il is because that, once
excluded from the daylight of public
ity. once debarred from that open and
above-board freedom that permits pub
lie inspection and police surveillance,
the liquor traffic is driven to consort
with all the foulness that does dwell
underground and that men will not
permit to dwell above ground. Left
to proper freedom in the daylight, the
liquor traffic is bound to make some
attempt, at least. to keep within GER
tain limits of public morals because
lue puDllC VIII nut lOieidlt Opcu anu
gross immortality. Its only chance
for existence is to keep itself free
from identification or association with
immortality and to conduct itself in
an orderly and decent manner and
within the law. No better illustra-
tion of this could be desired than tho
proverbial innocence of the recreation
afforded in the far-famed beer gardens
of Germany, or the utter absence Of
debauchery at the hotels and restau-
rants of this country where wines,
beer, or liquors are served at meals.
But driven to outlawry, driven under
ground, it has no choice but to con
sort with the immoralities that dwell
nowhere else but underground. And
that's one of the shameful iniquities
that are aggravated by the prohibitory
law of Vermont to-day, If the Free
Press would but realize it, that the
young men are led in their search for
liquor to those vile resorts where evils
infinitely worse than liquor abound.
3. The question as to whether more
liquor is bought and used in Vermont