New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-02
THOSE PROTECTORS OF TEMPERANCE.

The time seems to have come when it is pos
sible to pass judgment upon one of the socaIed
temperance laws which were enacted by the
New Jersey Legislature at its last session, Il
law which, because of its mysterious origin
and unique provisions attracted wide attention
and provoked more comment than most legis-
lation of recent years on the same subject. This
law, frankly entitled AN Act for the Proven
ton Of Drunkenness was introduced by Sen
atOr Hillery, but why, or at whose suggestion or
urging, has never yet, we believe, been dis
closed 1t was a surprise to nearly everybody
in the state, and its operation was awaited with
general curiosity, with some hopes and with
many misgivingS. 10 provided for the appoint
ment in each municipality of board of pro
tectors who should investigate the causes of
drunkenness in that community and should
have the power to forbid the sale of intoxicating
liquors to any one who was or, i'm the Judgment
of the board. was likely to become drunkard.
Now it is obvious that while in theory and
intent this law may be most excellent in prac-
tice it is easily susceptible of gross abuse and
indeed is substantially incapable of application
without offence. If the members of the board
of protectors were endowed with infallibe dis
cretion as well as unimpeachahle impartialtty,
and if they were able to command the entire
public confidence in all their acts. they might
apply the law TO the great benefit of all the
community. But being merely human they are
confronted with an impossible job. Even habit
ual drunkards resent being publicly advertised
as such and being excluded from the privilege
or the right of purchasing their favorite bever-
ages at public houses, which. by the terms OF
their licenses, are bound to sell to all orderly
applicants. But thus TO deal with man who is
not drunkard at all, but is merely. in the opin-
ion of two or three of his neGhbors, likely to
become a drunkard. Is certain TO arouse a
storm There are those who believe that any
man who uses intoxicating liquors Is likely to
become drunkard and if board of protectors
were composed of such men it might forbid the
sale of liquor to any one in the community
Happily the adoption of the law was left OPP
tional with individual municipalities Thus far
only a few places and those comparatively
small ones. have adopted IT, In almost every
case the acts of the board of protectors have
aroused vigorous protest and in some cases
litigation. In some places men who have been
publicly advertised as drunkards likely to
become drunkards. to whom liquor must not br
sold, have brought suit for indemnity for defa
ma ton of character. 1t may be doubted whether
such a suit can he successfully maintained Bat
it Is certain that the prospect of having such
suits brought is likely to discourage citizens
from serving on such boards or from acting
freely as members of them, and indeed 70 de-
ter municipalities from adopting the law A
law ''for the prevention of drunkenness ought
TO he a good thing and ought to be earnestly
sustained and enforced. But this particular act
seems to have been so III devised as to be in
practice little worse than worthless.