Omaha daily bee., 1909-08-15
Rev. William A. WATSON
in Pearson's for August

imposed by actual conditions. Legislatioc
Is not the expression OF ideals nor OF moral
yearnings. The law should represent the
nearest approach to the ideal that present
conditions will admit Of. Another equally
important consideration, following on this
is that the same legislation is not adapted
for all communities, Hence. liquor legis-
lation should provide for a very large 4
measure Of home rule. But there Is a right
and wrong kind OF home rule. The So
called local option system that now OBJ
tains In many OF the states, is the wrong
kind. 1t is unsound in principle and de-
moralizing in its effects. II Is az variance
with the general policy OF regulation. Il
is part Of the policy and program OF pro-
hibltion. 1t is an instrument placed in the
hands of prohibltionists to enable them to
gain their end little by little. Now, all the
features and provisions Of a state liquor
law should be mutually consistent and
harmonious. All parts of the law should
have the same general intent and conform
with the same general policy. But, under
the present local option system, the state
is following two opposite policies at the
same time. This kind Of local option gives
the local community too much power and
too little power. The people have no power
to say who shall receive licenses and what
moral and other qualifications shall be re-
quired. They have no power to determine
the question of prohibited days and hours;
no power to determine the amount Of the
license fee, nor to set a limit on the num-
Der Of licenses to be issued. There is
no option on any of these matters OF
practical administration that properly
come within the scope OF local self-gov-
eminent. The community has option on
only one q~uestion-whether the liquor
traffic shall be legalized or prohibited.
This local option scheme reverses the true
order of political administration 1t with
holds from the local community those
minor but important powers that the peo-
pie In the local community are in the
best position to exercise wisely. while 1t
confers upon the local community that
supreme power of life or death over the
liquor traffic which ought to be reserved
In the hands of the state. Under this sys-
TEN the liquor dealers and the public are
I'm a constant state of uncertainty as to the
fundamental question of regulation or
abolition. At every local option election
there is the possibility OF a complete revo-
luton OF policy. Today the liquor business
is Just as legitimate as any other business;
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law. The question is never settled. Neither
side ever wins a permanent victory. The
state alone should settle this a"ll-important
question of the legality Of the liquor traf-
fic. A question like this, involving the
fundamental rights Of property and of
personal liberty, should not be left to the
decision of a majority vote at a local cleo
ton. on the other hand, the state, after
establishing the legality Of the liquor
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should grant to the local community the
fullest freedom and power in the matter Of
regulation.
Outline Of Regulation.
Starting with this general principle Of
state rule in matters of general policy
and home rule In matters of local admin
istration, the following is a rough outline
OF the plan of regulation that the writer
has in mind as a substitute for the present
local option system.
That the people in each local community
Ohe township is probably the best unit
be empowered to elect their own Board Of
Excise commissioners, twelve in number,
to serve for a term OF say two years. This
board should have power to determine the
amount of the license fee (within maxi
mum and minimum limit fixed by the
~state); to determine how many licenses
should be issued (within maximum and
minimum limits fixed by the state); to
determine the question OF prohibited days
and hours, and all other questions of a
purely local nature. The board should
have sole power to grant and revoke
licenses, subject to certain rules Of pro-
cedure. The applicant should be required
to present to the board a certificate of good
moral character, signed by twelve reputable
persons, who should be property owners
and residents of the community.
The board should be required to hold
a public hearing on all applications for
license, and an opportunity be given to
remonstrants. should there be any. to pre-
sent their objections. After this hearing,
the board should have full discretionary
power by a majority vote TO grant or re-
fuse any application. And there should be
no appeal from their decision. This power
TO grant licenses is the most important of
all. II is the key to the whole situation.
And this key should be placed In the hands
Of the people most nearly affected. II we
can prevent unfit persons from getting into
the liquor business, we have, at the very
I outset, solved nine-tenths of the problem
of regulation. The trouble now is that al
most anybody that has the price, whether
ne is morally fit or not, can get a license
and start up a saloon. The law may re-
qulre that the licensee be a person of good
moral character, but that requirement
amounts to simply nothing at all unless
some person or persons be empowered TO
determine in each case the question OF
moral fitness. And who is better qualified
to exercise this power than twelve men
elected by and responsible to the people Of
the community? The board should also
possess the sole power TO revoke licenses.
On the complaint OF any citizen that a
certain liquor dealer was violating the law
or that he was maintaining a nuisance OF
any kind, It would be the duty Of the board
to hold a public trial Of the matter, sum
mon and swear witnesses, and give the
accused person an opportunity to defend
himself, After hearing all the evidence,
the board should have power by a two
thirds vote to dismiss the case OF suspend
or revoke the license. And there should be
no appeal from their decision.
Possible Objection.
OF course It will be objected that this
plan places too much power in the hands
Of the excise board. Well. II you give men
in this position so little power that they
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