Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-08-03

Iioii. j. X. LIBBY,
Portland, Me.
My dear Mr. Libby:
hasten to acknowledge receipt OF
the communication of the 9th instant
enclosing q copy of the letter therein
referred to- Through the courtesy OF
its writer, | was early in receipt of
a copy of it. but press of business led
me to await more convenient time
for reading it. Being reminded of il
by the request to comment upon it. /
have perused it with the interest that
my respect for its author and the i'm
portance of its subject would natur-
ally inspire.
I understand from the letter that it's
author does not consider that in the
pending proposition to eliminate prohi-
bition from the constitution. the is
sue presented to the people is whether
the policy of licensing saloons in Maine
is to he accepted or refuted," but that.
in his view. 1t is
Whether the people of the state.
acting through their representatives
in Legislature. shall he left free to
decide how the evils of intern
perance may best be suppressed or
minimized By law, altering and re-
pealing the laws from time to time
as experience may suggest, or
whether they shall have their free
dom of action restrained by Il pro-
vision in the organic law Of the
state which confines them rigidly
to a single course of action, allow
ing them no freedom of choice in
the matter"
am confident that. upon re-read-
ing that definition. our friend wouid
admit that the casual reader and those
who are not informed as to Just how
are made or added to our
constitution, might infer from its text
that he would have them believe that
he thinks that some power OUTSIDE Tue
people" had deprived them oil thelr
freedom of action" in the particular
he mentions But ne did not so intend.
for no one can know better than he.
that whatever restraint was put upon
their freedom of action" was taken on
by the people themselves in the usual
constitutional way. And no one can
know better than he, that the way III
which the people reserve freedom et
action" to themselves. is by restrain
ing. through constitutional provisions
the freedom ef action Of their legisla-
tive and executive representatives and
servants.
The modern tendency is for the PEG
pie to reserve freedom of action 10
themselves. upon wider range of sua-
iects than formerly Yet the PROPOSE
ton is submitted to the people OF
Maine to abandon their control Of
matter Of vast moment TO them, none
of more import. and to remove re-
straint" from the Legislature 50 that
of. its will. in It's way at its convent
enee. TO the extent it pleases. tho Leg
fslature can change a policy that has
obtained in the state unquestioned FOR
over 30 years.
liauor Trust Ever Alert.
There are some who know that the
great LIQUOR selling trusts of the coun-
try are ever on the alert with their or
eanizers and their money. to secure.
through corruption II necessary, great
or freedom and privileges for their
traffic from any Legislature that Is
left free to act. And some of us pc
lieve that the existing restraint put
by the people upon their representa-.
lives. is a great safeguard. In ana Oh
itself. il Is a great check upon possloie
at legislative corruption by
most notorious Corrupting agency
IL continued. it may prove
as valuable to statute prohibition when
suddenly threatened by the great hq-
nor trusts of the Country. as the saie=
~ clutch on an elevator moist is use
full in an emergency.
There are few people in Maine VINO
believe that those trusts represented Ia
onr state bv the agents and organizers
of the American Brewers Associatloh'
have any other interest in leglslatioh
than to secure such as will enaole
them to increase their sales OF hquo''
And there are none who know 'i'e
course pursued by those trusts 10 Sc
cure such in states where Legislators
have freedom of action who 40 nos
know that it is one of eonVlncule'
they can. and of corrupting II 'i3s
must. These trusts have vast monte"
interest in such legislation WitheSs
their admitted expenditure OF nli'ii"n
in Texas. for the purpose, and ther d.
vowed approximation of $i50,Ooo to Sc
cure such convenient legislative lres
dom Of action" in this State,
The definition | have quoted, reao
into the issue much that. in the light
IF facts and reason, does not seem TO
he there. The constitutional provision
under consideration. makes no refer
once whatever to the evils of intern
nor is there anything in it
mr. the circumstances attending its
a doption that shows that it was de-
signed TO suggest any way as to how
they may best be suppressed or mini
nized." 1t is truly stated in the letter
that 'fthe policy of prohibition was
q dopted long before the amendment
was,ever thought Of and the adoption
of the constitutional amendment added
nothing to existing law on the subject"
Neither could it have any direct eff.
feet upon the application or enforce
,nent of the then existing law. The
was inserted in the con-
stitutIon upon the theory and is based
nnon the proposition, that 1t is neither
right nor polite to extend the protec-
ton and sanction of law to a trade or
traffic that tends inevitably to breed
poverty increase crime, entail financial
burdens upon state and municipalities,