Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-08-04
is LOCAL OPTION A MORAL CUES.
TION?
To the Editor of the Telegraph:

To the Editor of the Telegraph:
Harrisburg Aug, 2, 1916.
In order that the writer may not
be misunderstood, it is stated at the
outset that he is not opposed to local
option; but, on the contrary, is ready
| to vote for it. 1t may be a debatable
point with him whether it is a con-
stitutional method Of dealing with the
| liquor question. Eminent lawyers have
always held that the provision of the
constitution which says. THE legis-
| lative power of this Commonwealth
shall be vested in a General Assem-
! bly," prohibits the delegation of such
power in every form to the people.
Even the Supreme courts of nearly a
dozen states, including that of Penn
| sylVania, have so decided on other
local option measures. But as the peo-
pie seem disposed to assume such
power until the Supreme court speci-
| fically decides otherwise, all are will
ing to acquiesce, and to advocate, or to
| oppose local option on the liquor ques-
ton on its merits. Yet it must be con-
ceded, that he who believes it to be un-
constitutional will have justification in
voting against it. He would be sus-
tanned by Judge Cooley. who says.
"One of the settled maxims of consti-
tutional law is that the power con-
ferred upon the legislature to make
laws cannot be delegated by that de-
partment to any other body or au-
| thority."
What is local option? 1t is a species
of referendum. 1t is a method of leg
islation by which the people vote, not
| to confirm an act of the legislature,
but to decide whether or not partic-
ular act shall be operative in a given
area. 1t thus transfers legislative au-
thority from a representative body to
the voters at the polls. That this is
| political action is beyond dispute, ac-
cording to all recognized authorities
on the subject. Whenever question
at issue is to be decided by the peo-
| pie, for the people, and to be enforc-
ed upon the people, it is political.
There is compulsion. and not moral
suasion, in every act of the General
Assembly, or enactment by referen-
dunn. There is a sword sheathed in
every statute. Local option on the
liquor traffic refers to the sale or fur
nishing, and sometimes also to the
manufacture and importation, of in
toxicants. Governor Brumbaugh has
said, THE country Local Option Law
will enable the people to decide for
| themselves by their own votes wheth-
er or not license for the sale of in
toXicants shall be issued in the several
counties of the State" Men are to be
forced to abandon the sale of intoXi-
cants. 1t is the voice of authority
| which speaks, and not the voice of
persuasion and of reason. 1t is also a
question of the best public policy,
which involves other than moral reas-
ons. Indeed, neither in the Brooks
High License Law of 1887. nor in the
Local Option Bill of 1915, is there a
solitary hint at any moral element
or consid GRAFTON. Neither in the nine
teen sections of the former, nor the
six sections of the latter, is there one
word about temperance. Reasons for
or against either are left to the indi-
vidual voter. The Brooks High License
act has this title: "To restrain and
regulate the sale of vinous and spirit
uous malt of brewed liquors, or any
admixture thereof" The Local Option
| bill relates entirely to the granting of
license to sell intoXicants. Nothing
about the use or the drinking of them
as a beverage. The question thus not
only pertains to the science of govern
ment but it concerns the very admin
| istration of government in this one
particular. 1t is an important part of
the functions of government. consist
| ing of the enactment and the admins
tration of law. 1t thus conforms to
the best definitions of what is politi-
cal.
Now, government, or politics, does
not directly concern itself with what
is moral or immoral in itself 1t does
not submit proposition to the vote
of the people because it is morally
right 1t is too far removed from
heathenism to seek to determine by
popular vote who shall be it's gods.
Politics concerns itself with the ad-
ministration of public affairs and the
enactment of laws in the interest of
the peace, prosperity and safety of the
State. Incidentally some these meas
ures may have a strong moral ele-
ment, as politics in its better sense is
a brand of civil ethics So with Local
Option. 1t is approved or opposed, not
because it is morally right or wrong
but as a measure of public policy for
the safety prosperity and welfare of
the people.
Let the issue be made clear, and
freed from all ambiguity. Local OPP
ton is only one among the three pre-
vailing methods of dealing with the
sale or furnishing. the manufacture
and importation Of intoxicants. The
other two are Prohibition and License
The latter is Prohibition with excep-
tions. Local Option gives the voters
the privilege of choosing between the
other two in given units And in either
case the law relates exclusively to the
sale or furnishing, the manufacture
land the importation of intoxicants