PROHIBITION.
It has been decided in many courts in various States that the traffic in liquor can be regulated—that it is a police question. It has been decided by the courts in Iowa that its manufacture and sale can be prohibited, and, not only so, but that a distillery or a brewery may be declared a nuisance and may legally be abated, and these decisions have been upheld by the Supreme Court of the United States. Consequently, it has been settled by the highest tribunal that States have the power either to regulate or to prohibit the sale of intoxicating liquors, and not only so, but that States have the power to destroy breweries and distilleries without making any compensation to owners.
So it has always been considered within the power of the State to license the selling of intoxicating liquors. In other words, this question is one that the States can decide for themselves. It is not, and it should not be, in my judgment, a Federal question. It is something with which the United States has nothing to do. It belongs to the States; and where a majority of the people are in favor of prohibition and pass laws to that effect, there is nothing in the Constitution of the United States that interferes with such action.
The remaining question, then, is not a question of power, but a question of policy, and at the threshold of this question is another: Can prohibitory laws be enforced? There are to-day in Kansas,—a prohibition State—more saloons, that is to say, more places in which liquor is sold, than there are in Georgia, a State without prohibition legislation. There are more in Nebraska, according to the population, more in Iowa, according to the population, than in many of the States in which there is the old license system. You will find that the United States has granted more licenses to wholesale and retail dealers in these prohibition States,—according to the population,—than in many others in which prohibition has not been adopted.
These facts tend to show that it is not enough for the Legislature to say: "Be it enacted." Behind every law there must be an intelligent and powerful public opinion. A law, to be enforced, must be the expression of such powerful and intelligent opinion; otherwise it becomes a dead letter; it is avoided; judges continue the cases, juries refuse to convict, and witnesses are not particular about telling the truth. Such laws demoralize the community, or, to put it in another way, demoralized communities pass such laws.
Question. What do you think of the prohibitory movement on general principles?
Answer. The trouble is that when a few zealous men, intending to reform the world, endeavor to enforce unpopular laws, they are compelled to resort to detectives, to a system of espionage. For the purpose of preventing the sale of liquors somebody has to watch. Eyes and ears must become acquainted with keyholes. Every neighbor suspects every other. A man with a bottle or demijohn is followed. Those who drink get behind doors, in cellars and garrets. Hypocrisy becomes substantially universal. Hundreds of people become suddenly afflicted with a variety of diseases, for the cure of which alcohol in some form is supposed to be indispensable. Malaria becomes general, and it is perfectly astonishing how long a few pieces of Peruvian bark will last, and how often the liquor can be renewed without absorbing the medicinal qualities of the bark. The State becomes a paradise for patent medicine—the medicine being poor whiskey with a scientific name.
Physicians become popular in proportion as liquor of some kind figures in their prescriptions. Then in the towns clubs are formed, the principal object being to establish a saloon, and in many instances the drug store becomes a favorite resort, especially on Sundays.