That the State has a clear right to prohibit the sale of intoxicating drinks, because this sale not only hurts all other interests, but destroys the health and degrades the morals of the people, has been fully shown.
The question next to be considered is, Can prohibitory laws be enforced? and if so, will they remove from the people the curse of drunkenness?
CAN PROHIBITORY LAWS BE ENFORCED?
As to the complete enforcement of any salutory law, that depends mainly on the public sentiment regarding it, and on the organized strength of its opposers. If the common sentiment of the people were in favor of every man's liberty to steal whatever he could lay his hands on, it would be found very difficult to convict a rogue, no matter how clearly expressed the law against stealing. A single thief in the jury-box could defeat the ends of justice. A hundred loop-holes for escape can always be found in the provisions of a law with which the majority of the people are not in sympathy. Indeed, it often happens that such loop-holes are provided by the law-makers themselves; and this is especially true in too many of the laws made for the suppression of the liquor trade.
Is this an argument against the enactment of laws to protect the people from great wrongs—especially the weaker and more helpless ones? To the half-hearted, the indifferent and the pusillanimous—yes! But with brave, true men, who have at heart the best interests of humanity, this can only intensify opposition to wrong, and give strength for new efforts to destroy its power. These have an undying faith in the ultimate victory of good over evil, and mean, so far as they are concerned, that the battle shall continue until that victory is won.
Judge Pitman has eloquently expressed this sentiment in the closing pages of his recent work, to which we have more than once referred. Speaking of those who distrust the practicability of securing such legislation as will effectually destroy the liquor trade, he says: "They are appalled at the power of the traffic. They see that it has uncounted wealth at its command; that it is organized and unscrupulous; that it has the support of fierce appetite behind it and the alliance of every evil lust; that it is able to bribe or intimidate the great political parties. All this is true; but still it is not to be the final victor. It has all the elemental moral forces of the human race against it, and though their working be slow, and their rate of progress dependent on human energy and fidelity, the ultimate result is as certain as the action of the law of gravity in the material universe. Wealth may be against us; rank may affect to despise us; but the light whose dawn makes a new morning in the world, rarely shines from palace or crown, but from the manger and the cross. Before the aroused consciences of the people, wielding the indomitable will of a State, the destroyers of soul and body shall go down forever."
THE VALUE OF PROHIBITORY LAWS WHEN ENFORCED.
It remains now to show how far prohibitory laws, when enforced, have secured the end for which they were created. On this point, the evidence is clear and satisfactory. In Vermont, a prohibitory law has existed for over twenty-three years. In some parts of the State it is rigidly enforced; in others with less severity. Judge Peck, of the Supreme Court says: "The law has had an effect upon our customs, and has done away with that of treating and promiscuous drinking. * * * In attending court for ten years, I do not remember to have seen a drunken man." In St. Johnsbury, where there is a population of five thousand, the law has been strictly enforced; and the testimony in regard to the town is this: "There is no bar, no dram-shop, no poor, and no policeman walks the streets. It is the workingman's paradise."
Connecticut enacted a prohibitory law in 1854. In 1855, Governor Dutton said, in his annual message to the General Assembly: "There is scarcely an open grog-shop in the State, the jails are fast becoming tenantless, and a delightful air of security is everywhere enjoyed."
In Meriden, the chaplain of the reform school testified that "crime had diminished seventy-five per cent." In New London, the jail was tenantless. In Norwich, the jails and almshouses were reported "as almost empty." But in 1873, the liquor influence was strong enough in the legislature to substitute license for prohibition. The consequence was an immediate increase of drunkenness and crime. Two years afterwards, the Secretary of State declared that "there was a greater increase of crime in one year under license than in seven years under prohibition."