Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-09-07
POWERFUL PLEA
FOR PROHIBITION.
Continues from Page one.)

laws; against the impairment of the
obligation of contracts against a
standing army in time of peace;
against titles of nobility or hereditary
distinction, privileges. honors. or
emoiuments; against cities and towns
contracting debts beyond fixed per
cent. of their taxable valuation.
Can it be justly said that the obli-
CATION of contract is a more sacred
thing than the right of a child to be
born and reared free from the con-
terminating influence of the liquor
traffic? Is the danger of city's con-
tracing an Indebtedness without per-
inssive acts of the Legislature equal
To the danger that would come to the
conscience and moral life OF the com
munity through legislation opening a
state TO the rum traffic? Are the in
hibitions against impairment of the
obligation of contracts and in regard
to the increase of municipal indebted
ness of more propriety In the consu-
tuition than the inhibition of a traffic
that begets degradation, pauperism and
crime and contributes annually to vio-
lation of obligations of contracts and
Indebtedness in lives that would other
wise be just and honorable?
Murder and arson are not inhibited
in the constitution of Maine in exact
words, but by implication 50 strong
and unmstakable that the courts
would quickly consider as unconstitu-
tional any statute licensing murder and
arson. There are certain implications,
which are inherent in all free consti-
he Gf1ta
not legalize any act that is a crime at
common law or is detrimental 10 the
public welfare, peace, and morals
There was no provision in the consti-
tuition of Louisiana. expressly prohibit
ing the ehartering of lotteries, but the
supreme court held that law charter
ing lotteries was unconstitutional and
! in violation of the implied inhibition
that no state may license anything
detrimental to public morals. And the
time win come in this country when
the courts will decide against the
liquor traffic in this implied inhibition.
lust as in England in the last century
the time came when Lord Mansfield
decided that slavery was within the
implied inhibitions of the British con-
sttution.
The speaker then took Up the argument
that prohibition does not prohibit. that
the law is not enforced and that more
liquor is sold than under license, there
fore the law should be abrogated and liz
cense substituted with regulation and
control of the liquor traffic. He showed
eonclusiveiy in answer to this point that.
even IL 1t be true that the law is violated,
the remedy is not in abrogation or repeal
but in enforcement of the law, and that
the traffic that will trample upon SOL
emn constitutional obligation cannot be
trusted to have regard for the lighter
and less binding act of a general assem-
bly, He described at some length the
conditions in his own state of Indiana in
illustration of this point.
"lf continued violation of the law is a
Just and adequate reason for the laws
repeal" the speaker went on, then all
laws touching the traffic should be re-
pealed for all laws affecting it in any
way are violated"
He took up the argument that license
would be a source of revenue and showed
that the traffic neither increased revenue
nor lowered taxation. for all of the Ii
cense revenue is drawn from the people
and the liquor traffic is a greater burden
| than any of the accruing revenues.