Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-15

currenee of opinion of every civilized aud
Christian community, there are few
equal To the dram shop, where intoNieat
ingl liquors In small quantities. TO be
drunk at the time. are sold indiseFlmi-
nately TO all parties applying. The sta
tisticS of every State show greater
amdunt of crime and misery attributable
to the use of ardent spirits obtained at
these retail liquor saloons than 70 any
other source. The sale of such liquors
in this way has therefore been, at ali
times, by tine courts of every state con
sidered as the proper subject of legisla-
tive regulation Not only may license
he exacted from the keeper of the saloon
before a glass of his liquors can be thus
disposed Of, but restrictions may he inn
posed as to the class of persons to whom
they may be sold, and the hours of the
day. and the days of the week, IN which
the saloons may be opened. Their sale IN
that form may be absolutely prohibited.
1t is a question of public eXpedlency ana
public morality and not of federal law.
The police power of the state is fully
competent to regulate the buslneSs-to
mitigate its evils or to suppress II en- ai,i
~. There is no inherent right In a eiti-
zen thus 10 sell intoxicating liquors by
retail; II is not privilege OF CltiIen
of the state or of citizen or the hlted
States. As il is a business attended with
danger 10 the community, II may, as at
ready said be- entirely prohibited, or be
permitted under such conditions as VIII
limit to the utmost its evils. the manner
and extent of regulation rest in the DIS
erection Of the governing authority. Ihat
authority may vest in Such oHlcefs as II
may deem proper the power OF pdsslns
upon applications for PERMISSION 70 carry
il on and To issue licenses Tor that puI-
pose. 1t is matter of ieslslatlVe VIII
only. As in many other cases, the ON
GERS may not always exercise the power
conferred upon theuh with wisdom or JUS
tice to the parties affected But that IS
a matter which does not affect the au-
thority Of the State, v one when can pc
the tngnlZance OF the
courts of the United yates
Justice Powers saysA ,,
THE defendant needknot nave lntenasa
assauit upon Boulier 4 even have eX-
pected that s,seh result were likely to
happen from tine intoxlct ton me l ',9n
the i,,'i sumption that it. the enemy Of
society that intpxcati6l weakens the
will, disturbs tha iqdgaen,tts saps the pc
moral force and e tns v per s9HfGe i1
jury and loss.
These and similarly statelnents of courts
Of tho highest authokity would seem ade-
ouatelv to dispose of the attempt of Mr..
Frederick H. Lehman in tie pamphlet
entitled. ."The FallaciAs OF Prohibition
sent broadcast over tlte 9tae by the
self Government League TO place the
law in the category OF stump
tuary legislation.
Sumptuary laws are deHned IS Laws
made for the purpose of RESTRAINING lux
ury and Indulgence particularly against
inordinate expenditure in Nhe natter OF
apparel, food, furniture, etcl
Thus. law long ago enadted in Eng
land prohibiting more than wv courses
at meal. each of but two sdNs OF 1000
was sumptuary law, as way another
law of later period, prohibiting boots with
long pointed toes.
Such laws are entirely different from
laws dealing with the sale of Intoxicating
liquors. There need be no argument for
them, since no one upholds then.
Neither the constitutional provision
nor the statutory law in regard to liquor
in any way undertakes to say what any
man shall eat drink or wear.
Dealing with an admitted evil ahe law
declares the traffic in liquor to be SInlaw-
full and prohibited, because it is a fruitful,
general source of crime poverty and dis
ease and interferes with all kinds of
business
And yet Mr.. Lehman makes as tine
basis Of his discussion, this propositionA