The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-04-30
Voice OF
the HI People,

1Eeae>NNae~aeNele~ps>sA1
THE MANN LAW.
Observations on It's Operation
by a Virginia Judge.
| Editor OF The Times-Dispatch:
Slr,-1 am very m,ici,> interested In the
Mann liquor law, and have read with
interest the editorials contained In The
Tines-D lspatcll. have determined to
| write to you my observation OF the law,
which has come very forcibly to my OBJ
servation as Judge In this circuit / think
that you ought to be fully possessed Of
| the scope una operation Of the law, ind
| then you will draw your own deductions
as to Its operation.
~ The Mann law. distinctly operates
upon communities OF less than five hum
dred Inhabitants. SO far as petitions arc
concerned People who live near bar
room in a strictly rural community can
only speak Of the imsuffcrable nuisance
It is. 1t ought not to DO permitted to DO
established ut such q point by the die
tum Of one man unless 1t clearly appears
that thespcople OF that community have
no objections to offer. Usually there
Is no police protection, and the disorder
that such an institution breeds Is otter
uncomfortable by local authority. The
Mann law assumes such a place is UNI
suitable and only authorizes ut such a
place when it.appears that tho people Of
that locality have no objections to it Il
tho law had absolutely prohibited tho
granting OF licenses Mt such points l be-
lieve q majority of the people everywhere
would hold that the law had not gone.
too far. In such IL case 1T Is not that
tho government s undertaking TO control,
the morals. Of tho people, but that 1t US
undertaking to protect gpeopleilivng IN UNI
protected communities from nuisance
that only people who have been exposed
to 1t can fully appreciate. have had Il
good deal OF experience In the last two
years in considering tho operation of
the Mann law, and in this feature OF 1t,
although 1t imposes heavy burdens upon.
an applicant for license, 1t Is only such
n burden MS he ought to bear regarding
the peculiar locality at which he applies
for license, bearing in mind tina t L 1t af-
fects no community Of a greater popula-s
ton than five hundred people.
(2) III AS Mr.. Willard observed, the law
does allow. great latitude Of construc-
ton, and no appeal But power must
be lodged somewhere In O Republican
government. Abuse OF power in this In.
stance is simply limited to closing a bar
room at points wherein It's almost inevitably
a nuisance. II the court errs in itstcon-
structlon O the law, the greatest injury,
inflicted Is closing a bar-roopl where as
I think as a rule lit ought not to be-
granted. except under very exceptlonabln:
circumstances. II the proposition was To-
be extended to Incorporated co,nmuni-s
ties Il would besverys ucl1 x opposed to
1t, iftthe community were OF greater pop
ulation5 than five hundred inhabitants.
81 (3)f Tho operation of the Mann law fn-55
crcases the tax on whiskey. license. IT is
a business which well may stand an JIM
creased tax. Considering the increased
expense which bar-room brings to tho,
State by virtue Of the disorder It breeds,
It does seen1$to mo I that tn 4 ak is much
st.thana I'll ought Ito be- w theorysiss
that. prohibition does not ohibit and,
that Therefore, licenses ought to be grant
ed3 but that they should be granted at
places Thoroughly under the supervision
OF the law, and that the Amer cnsed OK
pense necessary to secure this govern
mental supervision should be borne by the
dealers in the shape Of license. 'a
as " Another important feature ofathos
Mann lawsls that It requires the brandy
camps, SO called. the distillers, to apply
forS.lIcense to the court and gives the
court supervision over their business
Prior thereto any distillers simply lied
his bond with&thel court and then pro-
ceeded Ito make his place bar-roon1 y !!
know OF no more fostering sores In many
communities than these so-called distii-}}
ler's license. They manufactured abonln-
able stuff and vcnded 1t regardless OF the
laws of God and man. would hate TO
see many Of the features Of this law
made to depend upon the results of this
years primary elections have read
your editorials and Mr.. Williard's posi-
tion on the subject, and think that bothi
have overlooked some of the essentiai
features Of tie law It may be true
that judge wllfully will declare proh p
sbition. in rural districts in his circuit,
but heavens alive! what harm could such5
mistaken Judge do? He would simply
declare prohibition in communities OF less
than five hundred inhabitants. where even
If one person lived that objected TO q
bar-room nuisance he would be cntitlei
TO protection. i am sure y you hea ilf'l
some OF the Testimony ! have peen
obliged to listen to about these bar-rooms
in country communities, you would have
no hestancy in saying thatthe burden
of proving that such an institution was
desired by the local community should ff'
nc mon tie applicant for license.
4 il.1g3