The comet. (Johnson City, Tenn.) 1884-1916, 1915-02-04
THE CUSTER LAW.

effect almost six years ago, acted
if they knew such law vas in &
books
AT the police station more than :
federal liquor licenses now repose
the chiefs archives and the halye
of these parchments is not over.
The custer law is dangerous II
not such measure that should graz
the statutes of self-governing peopl
1t belongs more properly in volum
Of ukases of Russian autocrat of ii
eighteenth century, or in the con
mands of an Oriental despot, than
the capitulars of the citizens of a r.
public.
1t is atmosphere of the force of tn
multitude, the absolutism of the ma
jority.
In the charge of the honest men VIII
understand the spirit of the constitu
ton under which pact our people ar
united into a social entity the Law
might be administered so as to wrol
to no person But in the hands of thu
INSCRIPTIONS, the ignorant and thu
political bigot the law might bt
turned into an instrument of injustice
and deviltry
Buff the custer law is on the books
those who Haunted the expressed and
written will of the people are the pro-
voking causes of it's enactment Minor
officials cannot set aside the DEGREES
of the representatives of the sovereign
cities, after the highest courts in the
state have declared that they are with
in the scope of the powers delegated
through the constitution.
When the prohibition law was being
debated by candidates for governor
the Commercial Appeal fought the
men advocating it for reasons that we
then fought to be sound. Six years
experience has not greatly modified
our views. But those in Memphis who
since March of 1913 have refused to
enforce the law, who by their inaction
gave countenance to it's violation and
comfort to the violators almost to
man fought for the prihibition candi-
date in 1908. Lining up with the pro-
hibition politicians, refusing to sup
port regular democrats nominated on
local option platform, they in the later
sessions of the legislature commanded
no respect from either side when the
prohibition question became an issue.
In March, 1918, when the injunction
law went into effect, this paper urged
city, county and state officials to en-
force the provisions of the act. Had
an honest effort then been made and
had the effort succeeded, the changes |
wrought by prohibition would have
been behind us. Had the honest eff
fort failed, then the act as applied to
the larger cities might nave been moci
fed. Our legislators cou' have gone
II 1e tibet general DoGy with clean
hands. Had they Convinced their fel-
low members that they had failed af-
ter an honest effort measure of re-
lief might have been secured. In a
policy of an attempt to enforce the
law was the only chance for a lawful
regulation of the liquo taffic.
Finally the stoy of conditions in
Memphis, Nashville and Chattanooga
was accepted by the people of other
communities as notice that they were
to be defied, that they being in ma
jority had their right of majority rule
set aside. The contest then turned on
a question of the force of majorities
Rye was nominated on a prohibition
platform. The scheming of machine
politicians had so discredlted the deri
ocratic party that its Onl ychance Of
success was ina declaration for prchi-
bition.
Rye was elected and still the rulers
of Memphis and Nashville persisted in
their policy of ignoring the law. The
efforts of Estes, no matter what might
have been his motives, were within the
law. He got his saiarv cut for his
pains. . Judges who entered dec1ees in
accord with the letter of the act and |
othor actc were threatcnc with an /
abolition of their courts,
There was but one result possible
from these methods of procedure. The
opponents of these failing to enforce
the law controlled the legislature and
they passed the custer bill.
1t is dangerous measure. but it is
an answer to defiant refusal to do
that which the former acts plainly d.
rected.
The only chance for the repeal Of
prohibition as to Memphis was in an
effort to enforce the law at the begin
ming. That effort was not made.
In the meantime the footballs of the
marching forces of King Prohibition
are heard in al 1.-The land. The drum !
beats of the white-ribboned hosts echo
from ocean to ocean, States are put
ing prohibition in their constitutions.
Alabama. following Georgia, went dry,
and then wet, but the wet victory was