Evening journal., 1907-09-14


vatican-wine is not prohibited, and.
as we know. the papal doctors them
selves prescribe It for His Holiness.
Then. again, long since came to
understand that, putting aside the
point of principle, It was virtually Inn
possible to enforce total abstinence
law in a large community OF IN a
state. Look at Maine, as an instance,
and YOU will see how true this is. The
attempt to enforce such a law must
consequently lead to one of the worst
things-inegality or hypocrisy; possi-
blv to both"
PRACTICAL EXPERIENCE.
U. S. Judge d. E. Bryant on Local op-
tion.
A Foreeful Exposition Of the Evils Of
the xperinent-BacKed by all the
Powers Of the United States, II Can
Not be Enforced.
The following candid and thought
full letter on the subject of local op-
tion deserves the careful consideration
OF every voter who has the moral and
material welfare of his community at
heart:
Paris. Tex, August 81. 1895.
Hon. II. c. smith, Sherman, Tex.
Dear Sir: Your favor Of the S0th
inst. relative to the prohibition cleo
tion which takes places in Grayson
County. September 9. 1895. and asking
my views relative to the same, has
been received
This is a business question Of mo-
ment to our people. and being a citizen
TO be affected by said election. I feel
that have the right to express my
ideas on it. will not attempt in this
letter to discuss the wisdom or folly
of sumptuary laws. I grant freely that
those advocating prohibition think II
best for the people. If this is true in
fact it should become a law; if it IS
untrue Il should be defeated. Theory
! is one thing. but actual observation
and experience are better When prohi-
lbition was submitted 10 a vote Of the
people Of Texas. voted for IL in good
faith Since June 2, 1890, have faith
fully endeavored to enforce prohibi-
tion laws of the United States pre-
lvailing in the Indian Territory in mt
jurisdiction. have had the assist
ance of competent and faithful district
and petit juries, I'm fact, everything
that could be desired TO make the Law
effective. If it could be made so. Ny
] experience has taught me that it il
folly 70 believe for a moment that j
can be successfully prohibited. 1t lead
to all manner Of evasions, even to per
Jury and subordination of perjury. !
builds up feuds locally, which fire.
Lea La in II
in some instances murder is the result
Notwithstanding the rigid prosecu
tion the traffic is unabated; in fact
II any difference. increases. Feud
exist in each neighborhod, growing
out Of prosecutions for violations o
the prohibitory law. Perjury become
common and the other offenses here
tofore mentioned are only incidents
lconneeted with this question The evi
is not repressed in the slightest degree
land the other evils above named ar
inflicted upon society in addition there
Ito. 1t may be said that this is pc
culiar TO the Indian country. I thin
mot 1t is due solely to the fact tina
THE people regard it as a matter O
taste as to what they eat and drinl
land human nature is the same every
whore under similar conditions.
, My experience is that prohibitor
laws DO not prohibit; that they do n
good, but 10 the contrary. they ar
: extremely hurtful. There is but on
B answer to this, and it is that you can
not legislate successfully upon wha
men regard as a matter of taste.
8 When legislation trenches upo
taste the citizen will violate the LAY
, with impunity. and in so doing he doe
; not regard himself as a criminal
Wherever local option exists you wi
! find lawless persons who will sell
any and everybody wherever they car
not respecting minority or other con
ditions. The courts will be fioode
with prosecutions, and there will
= but few convictions and the expens
will be very large. In other words
Grayson county will repeat the ex
perience of other counties.
have thought of this matter
great deal, and my conclusion is tn
only way to deal with the question
by a system of high license, whic
would practically prevent the sellin
of liquor in towns where there is n
police protection, and would drive il {
the larger towns where IL could b
somewhat controlled; but the idea q
preventing it being sold or being dram
is, simply a dream, and very visionar
at that
Under the license system. where IN
man who sells is under bond. youn
men under age will be protected. nc
entirely, but to a great extent; br
when local option carries every evasio
and subterfuge will be resorted to. an
where the party is pursuing an illeg;
business. and for money, he will Sc
TO minors and all others alike, with
out the responsibility of a solvent bon'
by which he could be forced to answe
in damages.
/ have the greatest respect for th
opinion of all people upon this question
whether they think as / do or Other
: wise, but this is a matter Of momer
to our people, and l simply state II
above facts as my opinion, based upo
my observation of this question: eve
when backed by the United state
which every one knows is more feai
q ed by the law-breaker than the loci
{ law.
I. Yours very truly.
b ID. E. BRYANT,
Judge U =. District Cour