Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1907-08-23
And Sumptuary Laws Are Sure to
be InquiSitorial.
ALSO DIFFICULT OF EXECUTION.
Halt to Open Drinking Leads to
Secret Drinking.
Interesting Letter on the Now Pertinent
Subject of Local Option. Written by
Hon. Thomas F. Bayard, in 1881
Recommendation of Checks Under
the License System.

In 1881, when the subject of Lo-
cal Option legislation was urged be-
fore the Legislature of Delaware.
Hon. Thomas F. Bayard, then a
United States Senator from this State
wrote the following letter in response
to letter sent to him by gentle
man Of Wilmington
Washington, D. c., March Sth,
18S1.-My Dear Sir Il do not like
to intrude my opinions unasked for
upon members of the Legislature.
l agree with you in thinking 10
cal option" laws of very doubtful
constitutionality and positive mex
pediency.
As I understand them they sub
init law to popular vote, in local
districts, and this defeats the princi-
pal of our government, which is rep
resentative in its character and places |
the whole law-making power in the
Legislature and not in the people in
their mere numerical force and pri-
mary capacity.
If punishment of criminals was to
be adiudged and inflicted by "local
option" instead of through acts of
executed by judges and
juries, it would be held wholly at
variance with our theory of COVER
ment and yet to apply such a rule
to so widespread and daily habit as
the use of alcoholic or fermented be-
verages is, in my judgment, quite as
unsafe.
So far as my experience goes, a
Tell-regulated system of license,
revenue is largely brought
nto the public treasury, coupled
With severe penalties for, illicit sale,
las proved the most efficient check
lpon the abuse of the liquor traffic. =,
In many respects the question is :
sumptuary one, and laws attempt a
ng to establish sumptuary regula- t
ions become inquisitorial and i'm A
.Ossible of execution, so that in those a
in this country where a
hey have been enacted they have h
ither aggravated the evils they were g
ltended to prevent, or have fallen -
ITO contempt and uselessness and n
cen repealed. F
The statements I have seen of the a,
,al condition of these communities
/ which total prohibition has been a
tempted have impressed me very tn
rongly in confirmation of these 81
ews. m
Personal influence, and example -
I'd precept, and the recognition of ~ ~
e great truth that intemperance in tb
e use of stimulants of all kinds is co
morbid physical fact, both in cause Of
ID effect, is in my judgment the VII
Oper view to commence with. bu
atistics abundantly prove that the
suppression by statutes of -
e use of alcoholic stimulants is ac- "a,
by an increase in the use II
opiates and that open drinking ~
ing stopped, secret drinking en- tx
es. az
| do not believe any man has a -
later horror of intemperance than ~
and my appreciation of its dang A1
and evil effects grows with my rs
Derience of human affairs /; but the g{
yer the evil, the more essential to "
ply the right principal to its cure, ~
! for the reasons l have stated. S)
many others, l hope the expert 81
mt of "local option" will not be Rt
d by our Legislature, but in ~
ased checks under the license sys- ~
/ be continued. 81
Yours sincerely, ~
7. F. Bayard. ~