But, with the exception of Massachusetts, where Mr. Sharpless points out clearly the reason why the law against adulteration is a dead letter, all the reports speak encouragingly. Michigan, Illinois, and Ohio believe that the operation of the provision will do genuine good. Says Food Commissioner Blackburn, of Michigan, "It is my opinion that this law has and will decrease drunkenness, for the reason that pure liquor will not create the unnatural appetite that compounded, adulterated, or artificially prepared liquors do."
The State of Washington sends no report. There is a provision in the South Carolina law providing that liquors shall be "pure"; but, as the State is the dispenser of liquors, the operation of this clause has not been considered exemplary for the purposes of this article. Mr. Lyman, in New York, thinks that sufficient time has not elapsed to fully pronounce as to the benefits of the law.
XI and XII. High License and Local Option.—Certainly the examination of these statutes and reports of their results in forty-nine States and Territories leaves it beyond question that so far the very best results have accompanied the combination of these two provisions. Perhaps the best example is in the largest of the communities to be affected—viz., in the State and city of New York. Here, by separating the plebiscitum or referendum into four local options—viz., (1) selling liquor to be drunk upon the premises where sold, (2) selling liquor not to be drunk upon the premises where sold, (3) selling liquor by apothecaries only on physician's prescription, (4) selling liquor by license granted to "hotel keepers" only—the result obtained has been, I think, precisely what I contended for in the paper of five years age, namely, the value of liquor has been recognized, and its sale provided for without denying its dangers as a temptation, or the disastrous effects of drunkenness. To use the exact words of the commissioner's report: "The tendency is to recognize the propriety of the sale of liquors by hotels and pharmacists in many communities where they will not, by their votes, approve the sale by saloons and groceries; and while there are now twenty less absolutely 'no-license' towns than when the law took effect, there are very many less saloons and groceries where liquors are dispensed." And this while not in any way compromising or dallying with the proposition which the prohibitionists and temperance societies insist upon (and which is all they have as a basis for their claims), viz., the consequences of intoxication and the public policy of its prevention. To show that, as a fact, an equivalent result has been reached in every State in the Union where high license and local option are united, would unduly tax these pages. But one or two prominent examples are of the paradoxical results—as gratifying as they are paradoxical—that the fewer the places where liquor is sold the larger the revenue to the State, and the less the drunkenness, may be cited. In the State of New York in two years of high license the reduction in selling places was 5,484; the increase of revenue to the State was $9,094,646.01; the decrease in the number of arrests was 22,689. In the city of New York alone the reduction in places was 1,204; the increase of revenue was $3,549,851.90; the decrease in the arrests for drunkenness was 3,044. Similar results are reported invariably as the fruit of high license elsewhere in the United States. In the city of Chicago, under an exceedingly high license, the reduction in one year was 200 in the number of saloons, while the increase of revenue was $1,250,000; and yet the decrease in the number of arrests was 1,217. Contrast this result with the condition of affairs in the triple-steel-barred prohibition State of Maine! Says an ex-Mayor of Portland: "I went into office perfectly free; I think I enforced the law impartially with all the vigor I could control.... I looked it all over to see what I had accomplished; I found that I had driven out of the business one set of men, and another had come in worse than the first. I found that the young men were establishing club rooms. Not only did they become drinking places, but they brought in gambling and other vice. While I was driving liquor out of the ordinary shops I was driving it into houses and kitchens, where even children dealt in it.... I am sorry to say it, but the law makes perjury alarmingly common; it opens up ... an avenue for bribes.[B]
"The local authorities could not be trusted to enforce the law. The price of liquors has been lessened and the quality is worse.... To those who shunned the open bars the apothecary shops supplied liquor by the bottle as often as desired.... Then arose pocket peddlers, young men who loiter about the street supplying customers from the bottle with a drink known as splits—a concoction of the cheapest alcohol mixed with a dash of rum and coloring matter, which produces a dangerous form of intoxication.... At the city agency the question 'Medicine?' and the answer 'Yes,' was quite sufficient, and throngs of people were constantly waiting with flasks to be filled.... 'Bars,' 'Eating Houses' (so called because protected by the police), 'Kitchen Bars,' 'Pocket Peddlers,' 'Hotel Bars,' 'Apothecary Shops,' 'Bottling Houses,' 'Express Companies,' 'Clubs,' and the 'City Agency.'"
But all these, under the very eye of the late Hon. Neal Dow, were powerless to convince the Hon. Neal Dow that his policy was not a massive and monumental success, and to the end of his days the good old man delivered glowing eulogiums upon its exalted benefits to a suffering and liquor-ridden world!
Among the novel devices among the statutes of States classed as licensing sales of liquor (or which have rejected prohibition) may be mentioned the following: Apothecaries may sell without a license if they keep records of sales. Purchasers of liquor must make affidavit of the purpose for which they require the liquor. Physicians prescribing liquors must make affidavit that they are required by the case they are attending. Public officers who tolerate or refuse to prosecute are fined. Name of owner of premises where liquors are sold must be painted in large letters on outside window with the word "owner" added. A provision that any one may sell liquor, but that the Legislature may provide in any way it sees fit against "the evils resulting therefrom." No barmaids, or dancing, gambling, or oil paintings on premises where liquor is sold. The provisions that eatables must or must not be sold where liquor is retailed are about numerically even. (It will be remembered that the New York ["Raines">[ law at first abolished free lunches, but insisted that while one must not have food with his liquor on week days, he could not on Sundays have it without—the last provision still being enforced). Similarly, in some States, liquor dealers must not keep lodging houses, while in others they must. West Virginia says that a tavern or hotel must not be used as a liquor-selling establishment only, and that a refusal to give diet or lodging to any one demanding it will forfeit its license to sell liquor. One State (Colorado) recognizes the so-called "gold-cure," and authorizes "the person most interested," or the county, to send habitual drunkards at county expense to "any respectable gold-cure institute." In Illinois a drunkard is by law a vagrant, and drunkenness is a cause for divorce. In Louisiana the excise man who makes an erroneous estimate of the amount of business done (Louisiana regulates the liquor business according to sales only, disclaiming any preventive or reformatory object) is removable from office. In Tennessee applicants for license must state the amount of business they intend to do. Kentucky regulates the price of liquors sold, being the only American State so doing (except that South Carolina says that the price of a potion shall not be "more than fifty per cent above," or if used as a medicine "more than ten per cent above," the cost thereof to the seller—rather a difficult matter to approximate). Arkansas prohibits sales within three miles of a church, schoolhouse, or academy. The sales of liquor to Indians is prohibited, and the exclusive right of army officers to purchase it is conserved, at the proper frontiers. Texas inserts in her statutes a fine for keeping a "blind tiger" (defined to be a place "where intoxicating liquors are sold by any device whereby the party selling or delivering the same is concealed from the person buying or to whom the same is delivered"). And, in Kansas, twenty-five reputable women must unite with twenty-five reputable men in applying for a license to sell liquor. No State or Territory mentions the size or quantity of liquor to be sold at any price, as is the European custom.
It would seem, therefore, that, with the exception of the State of Maine alone, all the American Commonwealths are gradually harking back to the standpoint of the earliest liquor laws. Moderation (temperance) in drinking was the public policy. Leaving out the act of the British Parliament, in the year 1735 (which gave Governor Oglethorpe the right to prohibit the importation of ardent spirits into Georgia, which was not a measure to prevent intoxication, but to give a monopoly to Governor Oglethorpe), the first temperance association was that founded by Dr. Rush; and it is related that the venerable president, upon being elected, rose with a glass of brandy in his hand and gave the toast: "Gentlemen, fill your glasses. Let us show the world that we know how to drink in moderation."
To sum it all up. Why, since we can not set out with a club or a headsman's axe to reform mankind; since there are substantial rights to adjust and innocent parties to protect, why is not the proposition to prevent by law the exposure of adulterated liquors for sale as beverages the best so far suggested? Is there another which at the same time is constitutional, equitable, peaceable, and so conservative of the public safety, which creates no law-breaking class out of honest citizens, sheds no blood (as blood was shed in South Carolina in 1875 because men of Anglo-Saxon breed could not be readily made to concede that a man's house was not his castle), and which imports no new doctrine into American policy?
I, for one, believe that, with it, the solution of the drink problem would be in sight. High license and personal damage laws are two thirds of it. If a man desires to sell liquor let him pay one or two thousand dollars, or other substantial sum of money, to the school or the police or the poor fund of his neighborhood. Let him be liable in damages, as are common carriers or any others who deal in conveniences or commodities in which there is possible risk to the community, for what is injured by his operations. As to the remaining third of the remedy: the sole objections to local option (viz., that it may be abused at the polls, where the total-abstinence interest might be as capable of a wrong use of money or of other undue influence as the liquor interest, or that it might be inconvenient to the public) are fully met by making adulteration impossible and providing for a compulsory, rigid, and universal inspection of liquors exposed for sale as beverages. And then, besides, it will be unnecessary to burn down our village to roast our pig.