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There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924050620180 THE CYCLOPEDIA OF Temperance and Prohibition. A Reference Book of Facts, Statistics, and General Information on All Phases of the Drink Question, the Temperance Movement and the Prohibition Agitation. FUNK & WAGN ALLS. NEW YORK. LONDON. TORONTO. i 8 9 i. Printed in the United States. All rights reserved. as '^ */?h*c> ■*; Entered according to Act of Congress, in the year 1891, by FUNK & WAGNALLS, In the Office of the Librarian of Congress at Washington, D. C. [Registered at Stationer's Hall, London, Eng,] PREFACE. The growing prominence of the drink question is one of the undoubted, indeed, one of the most conspicuous, facts of our time. Both the observer of affairs and the student of tendencies must testify to this; and the understanding of it is strengthened by comprehensiveness and dispassionateness of view. Throughout Continental Europe the ablest writers are discussing the evils of alcoholism and devising remedies. Organized effort is being developed, even in these most con- servative nations. The International Conferences " against the abuse of alcoholic liquors " attract many of the leaders of thought and reform. The Brussels Anti- Slavery Conference, representing countries in which the liquor traffic is practically unrestricted, has taken American legislation as a pattern and incorporated in its general act for Africa a chapter prohibiting the furnishing of spirits to native races. And this action is not without Continental precedents : for five years the fishermen of the North Sea have been forbidden to purchase or carry distilled drink, and for a longer time Prohibition of the entire liquor business has been the normal policy of the Swedish and Norwegian rural communities. In England and all English- speaking countries total abstinence is no longer a " fad " but a mark of discretion and intelligence; the Prohibitory doctrine is no longer a preposterous creed but an economic programme that begins to fairly divide public sentiment, parties, Legisla- tures and constituencies. Organizations having annual incomes of tens of thou- sands of pounds are urging advanced measures in the United Kingdom. The people of Scotland, voting by the plebiscite system, have declared by overwhelming majorities in favor of clothing the citizens with power to outlaw public houses at the ballot-box. Twice the yeomanry of Great Britain, with signal earnestness and enthusiasm, have rejected the proposition to bestow compensation for cancelled licenses, giving the weight of popular indorsement to the decree of the highest Courts of England, that there exists no such thing as a " vested right " in the liquor trade — a significant repetition of those solemn words of our own Supreme Court : IV " There is no inherent right in a citizen to sell intoxicating liquors by retail ; it is not a privilege of a citizen of the State or a citizen of the United States." In the land of its birth the temperance movement, despite temporary checks, advances surely. There is no State of the Union where liquor-selling is not a most detestable vocation and rumseller a most opprobrious name. Total abstinence for the indi- vidual is splendidly vindicated by its results everywhere ; great railroad and other corporations require it in their employes ; insurance companies discriminate in favor of the teetotaler and rank the liquor-maker and vendor with the uncleanest of men ; the Labor leaders take public pledges of abstinence, denounce alcohol in unmeas- ured language and cordially advocate Prohibitory Amendments ; the churches are all but unanimous in recommending total abstinence; the Government itself bears witness to the needlessness and hurtfulness of intoxicants by prohibiting the sale of spirits and wines in the canteens and by the post-traders of the American army, by excluding the whole traffic from public buildings and grounds and by forbidding, under severe penalties, all sales to Indians. ■ The policy of Prohibition by the State rests on broad and firm foundations ; the evidence of its beneficial results cannot be controverted, and no attempt is made to gainsay it by fair means ; while the abso- lute and uniform failure of the compromise system of High License attests the fatuity of the hope that some solution may be commanded by regulation. Tirelessness of argument is the quality of the propagandist; and the temperance reformers, as industrious writers, yield to none. An ample literature has been cre- ated for the illustration and promotion of their cause. The works of Richardson, Lees, Kerr, Eddy, Pitman, Dawson Burns, Farrar, Oswald, Gustafson, Wheeler and various others, are examples of information, authority and capacity which com- pare favorably with the products of other reform movements. It is characteristic of the really important and candid books on this question that, with the rarest ex- ceptions, they either advocate radical opinions or point to them. This cannot be attributed to a lack of resourcefulness in the opposition, which has talented defend- ers and sympathizers. The facts do not warrant weighty defense of dram-drink- ing or the dram commerce : this truth comes as forcibly to the cautious investiga- tor as it does to the citizen at his fireside. So it happens that the counteractive works are of little significance. Exception must be made, however, for some of the writings of conservative men, who, while not justifying but indeed abhorring drunk- enness and the common saloon, are unable to agree to certain advanced proposi- tions and attack them with courage and ability. But even the volumes of this class, or the ones answering to the test conditions that we have indicated, import- ance and candor, are surprisingly few. In the preparation of the succeeding pages the fruits of the excellent work done by others have been of great and constant service. This Cyclopaedia cannot take the place of any of the standard temperance publications; and if it spreads the appre- hension of their value by the frequency of quotations and references, no small part of its purpose will have been performed. To all the writers mentioned above, and to many more, the editor is under profound obligations. The " Temperance His- tory " of Dr. Dawson Burns has supplied much of the historical information. Dr. Eichard Eddy's two admirable volumes, " Alcohol in History " and " Alcohol in So- ciety," indispensable to everyone who seeks the best results of literary labor in the discussion of this subject, have been equally useful. And the " Temperance Cyclo- paedia " of the Rev. William Eeid (composed exclusively of extracts and citations) must not be forgotten in alluding to the chief sources of help. The central aim has been, while particularizing with as great exhaustiveness as possible within the limits fixed by the publishers, to subordinate minutae to outlines. The aggregate number of articles may seem comparatively small, and each reflecting reader will probably be able to make up a list of appropriate topics not formally treated under separate titles. But it is hoped that the care which has been expended on the leading articles, and the effort which has been made to embrace in these arti- cles the legitimate accessory subjects, will be satisfactory recompense. And though numerous branches are thus considered incidentally, the reader will be able to locate them by due use of the Index. In such a work, indeed, where so many details are presented accessorily, the Index is a most important feature. Naturally, the practical aspects of the anti-liquor agitation are made most con- spicuous — the aspects that are of greatest interest to the public and that excite warm- est controversy. The results of the three leading systems of liquor legislation — State Prohibition, Local Option and High License — have not until very recently been subjected to fair and comprehensive analysis. The relative qualities of these results must determine the future of the Prohibition struggle, and the editor has undertaken to show the main truths in a thorough and an orderly manner. To the chief Prohibition journal, the Voice, credit is due for most of the facts. It was at first intended to include biographical sketches of eminent living rep- resentatives of the temperance cause, and a great deal of material was gathered with this purpose in view. But the difficulty of discriminating with strictness and at the same time with delicacy and justice — a difficulty which is highly perplexing to all compilers of cyclopaedias, — was so serious that the solution seemed to be in the abandonment of this part of the enterprise. The only exceptions are in the cases of the Presidential and Vice-Presidential candidates of the Prohibitionists. Several prominent men — notably Eev. George B. Cheever, D. D., author of " Deacon Giles's Distillery," and Judge Eobert C. Pitman, author of " Alcohol and the State," — have died while the book has been in press. This explains the omission of their biographies. The cordial thanks of the editor are due to the writers of contributed articles and to the many who have co-operated by providing valuable information. Partial VI acknowledgment for services is made in the text and the footnotes. It is fitting, however, to mention more conspicuously a few to whose kindness the editor is espec- ially indebted. These are: Hon. James Black, Mrs. Caroline B. Buell, Mr. John N. Stearns, Eev. D. C. Babcock, Kev. John A. Brooks, D.D., Hon. John P. St. John, Axel Gustafson, Mrs. Mary Clement Leavitt, Miss Frances E. Willard, Kev. D. W. C. Huntington, D.D., William Hargreaves, M.D., Mrs. Mary A. Livermore, Hon. Benson J. Lossing, Kev. Albert G. Lawson, D.D., Mrs. Mary T. Lathrap, Kev. A. B. Leonard, D.D., Joseph Malins (England), Hon. John O'Donnell, T. C. Richmond, Rev. John Russell, Rev. W. W. Satterlee, Frank J. Sibley, A. A. Stevens, Hon. Gideon T. Stew- art, Rev. Green Clay Smith, John Lloyd Thomas, Prof. Edwin V. "Wright, Rev. Henry Ward, D.D., Mrs. Charlotte F. Woodbury and Miss Mary Allen West. Among the others who have rendered appreciated assistance (not acknowledged in the body of the book) are Ryland T. Brown (Indianapolis), L. J. Beauchamp, Rollo Kirk Bryan, Miss Mary A. Baker (Chicago), Prof. A. C. Bacone (Indian Territory), 0. R. L. Crozier (Ann Arbor), J. W. Chickering (Washington, D. C), Mrs. W. F. Crafts, Miss Julia Coleman, Albert Dodge, Rev. H. A. Delano, Mrs. Emma P. Ewing (Kansas City), Rev. J. B. English (New York), Mrs. Nettie B. Fernald (Plainfleld, N. J.), H. B. Gibbud (Syracuse, N. Y.), C. A. Hammond (Syracuse, N. Y.), Mrs. Mary H. Hunt, Mrs. F. McC. Harris (Brooklyn), Mrs. S. M. I. Henry (Evanston, HI.), Rev. J. B. Helwig, D.D. (Springfield, 0.), H. W. Hardy (Lincoln, Neb.), R. E. Hudson (Alliance, 0.), M. L. Holbrook, M.D. (Jersey City), Rev. John Hall, D.D., Rev. Henry B. Hudson (Brooklyn), George La Monte (Bound Brook, N. J.), Rev. S. A. Morse (Rochester, N. Y.), Hon. Henry B. Metcalf, Miss Esther Pugh, Frederic A. Pike (St. Paul), Gen. W. F. Singleton, Charles A. Sherlin, G. B. Thompson (West Pittston, Pa.), Thomas R. Thompson (New Haven), Rev. C. S. Woodruff (Montclair, N. J.) and Prof. W. C. Wilkinson. CYCLOPEDIA OF TEMPERANCE AND PROHIBITION. Absinthe. — See Spirituous Liquors. Adulteration. — The art of adultera- tion is practiced by no other class of man- ufacturers and tradesmen so extensively and unscrupulously as by those engaged in the liquor traffic. This peculiar traffic, branded by public opinion as disreputa- ble and demoralizing, offers few induce- ments to conscientious and honorable men. Those disposed to produce and sell genu- ine liquors encounter many temptations and serious discouragements. The taste of the great mass of drinkers does not and cannot discriminate between the genuine and the spurious. The conscienceless manufacturers and sellers engaged in the business, with a full understanding of its odious nature, are ready to adopt any means that will promote their sole object — to amass riches swiftly; and the honest maker or vendor is likely to find no buy- ers in a market where practically every other person in the trade is enabled and disposed by sharp tricks to undersell him. Equally nnencouraging are the conditions encountered by those who wish to cater in good faith to more exacting appetites: the resources of the liquor-adulterating art provide means for imitating the costliest brands. "There is in the city," wrote Addison in the Tattler, "a certain fra- ternity of chemical operators, who work underground in holes, caverns, and dark retirements, to conceal their mysteries from the eye and observation of mankind. These subterranean philosophers are daily employed in the transmutation of liquors, and by the power of magical drugs and incantations raising under the streets of London the choicest products of the hills and valleys of France." l And in our own day, so eminent an authority as Dr. Henry Letheby, Ph.D., formerly Medical Officer of Health to the City of London, says: " A. great part of the wine of France and Germany has ceased to be the juice of the grape at all. In point of fact, the pro- cesses of blending, softening, fortifying, sweetening, etc., etc., are carried on to such an extent that it is hardly possible to obtain a sample of genuine wine, even at first hand." 2 adulteration of wines. Whenever a liquor trafficker becomes converted to temperance principles, he makes haste to expose the terrible adul- terations by which well-nigh all the drink offered for consumption is falsified. Major C. B. Cotten, formerly a wholesale liquor- dealer of New York, in contributions to the Voice in 1885, gave elaborate informa- tion upon this subject, based, he said, upon " twenty-five years of my own per- sonal experience as a manufacturer of these compounds." " The imitation and adulteration of foreign wines in this country (he wrote) has become a business of large proportions. From 1.250,000 to 1,500,000 gallons of pure spirits is used in the city of New York and in the Eastern cities an nually, in addition to large quantities of native and Rhine wine and Jersey eider, in the manu- facture of fictitious wines of all kinds; and I think I may safely estimate the value of these fraudulent wines at seven to nine millions of dollars annually. In the manufacture of these wines, six distinct principles must be rigidly ad- hered to: the bouquet, in perfect imitation of the genuine; the alcohol, thoroughly deodorized and of standard strength ; water, vugar, astringent ' The Tattler. Ho. 131. 2 Encyclopedia Brittaoica, article on "Adulteration." Adulteration.] [Adulteration. and acid matters, and coloring. On the proper adjustment and assimilation of these different ingredients success depends. Perhaps there is no business requiring more close and unerring judg- ment and so perfect a knowledge of chemical combinations as the art — for it is really an art — of making perfect fictitious wines. As a basis for these wines we use — as I have already said — pure spirits perfectly deodorized, in connection, sometimes, with cheap native wines or white Rhine wines, but generally with Jersey cider, the juice of the crab-apple being preferred. The process is very similar to making wine from the grape, and its perfection depends upon nearly the same principles. The cider is taken directly from the press to a properly arranged and tempered cellar, and carefully carried through the first or saccharine fermentation at a temperature of 60 F. It is then fined and drawn off into large tanks, and when still, spirits, crude tartar and other ingredient s are added to stop the fermentation This forms the basis for nearly all kinds of imitation wines. The basis being pre- pared, we then proceed at our leisure to make up our stock. We want some particular brand of champagne, for instance. Piper Heidsieck. We draw from one of the large tanks into a smaller one. called a mixer, the necessary amount of cider for, say, 100 baskets. The liquid is brought up to the standard alcoholic proof with pure spirits, then we add the flavor- ings and coloring, after which the temperature is raised to 70" or 72' F., to induce the second or vinous fermentation After this is effected, we put it through a course of fining, when it becomes a bright, rich, sparkling, vinous liquid, and is ready for bottling It is then drawn off into imported champagne bottles, and fully charged with carbonic acid gas. Imported vel- vet corks— each cork branded on the inner end with the name of the supposed foreign wine maker— are driven in by machinery. After the bottles have been duly sealed, wired, capped and stamped, labels in exact imitation of the genuine arc placed upon them, and the bottles , in turn are packed in imported baskets or in cases with imported straw. Imitations of the genuine marks and numbers are then placed upon the package, and the deception is com- plete. By this process any brand of imported wine is successfully imitated. Suppose we want fifty barrels of sherry. We draw from the same tank into the mixer the requisite quantity of cider, which is brought up to about 22° to 24° alcoholic proof with pure spirits. Then for every barrel we add 3 lbs. mashed Malaga raisins, J-f oz. oil of bitter almonds, and six gal- lons pure sherry wine. After this mixture has stood two or three days, it is drawn off through a strainer into another tub, when it is fined and made ready to put into the barrels. We then send an imported cask to our cooper, and he makes us fifty casks exactly like the sample. The new and bright barrels are then put .into a coloring tub and come out dirty, stained, old- looking barrels. They are then properly branded, and bogus Custom House marks are placed upon them, and again art has triumphed over nature. And so we go through the whole catalogue of wines. In coloring wines, either fictitious or foreign, when deficient in color, we use for a fawn yellow or sherry color, tincture of saffron, tumeric, or safflower ; for amber or deep brown, burned sugar coloring. Cochineal, with a little alum, gives a pink color; beetroot and red saunders, a red color; the extract of rhatany and logwood, and the juices of elder-berrits and bilberries, a port wine color. Sometimes our wines become muddy— or in our parlance, ' sick ' — and we have to fine or ' recover ' them. For this purpose we use the white of an egg, isin- glass, hartshorn shavings, or pale sweet glue ; for heavy wines, sheep's or buliock's blood. Gypsum is used to fine muddy white wines, also sugar of lead and bisulphate of potassium. When we find a lack of flavor, we use, accord- ing to circumstances, burned almonds or the es seutial oil, to give a nutty flavor, and rhatany, hino, oak sawdust or bark, with alum, to give astringency. To impart the fine flavors, we use orris root, orange blossoms, neroli violet petals, vanilla, cedrat, sweetbrier, cardamon seeds, quinces, elder-berries or cherry laurel. When our wines need improving, we use, in sherry. Madeira and port, almond flavorings, rhatany or catechu, with honey or glycerine. For musli ness, we use sweet oil or almond oil, fresh burned charcoal, bread toasted black or bruised mus tard seed. For ropiness, the bruised berries of the mountain ash, catechu, chalk, milk of lime, and calcined oyster-shells are used, and, if very bad. we use litharge. . . . New frauds are being constantly developed in the manufacture of fictitious wines, and the business of prepar ing these poisonous flavorings has attained the dimensions of an important branch of trade. This new industry is becoming more and more important. These flavorings of a complex na ture are used for the purpose of giving wines particular bouquets. By adding a small quan- tity of these compounds, new and fresh wine may be converted into the semblance of old wine in a very few minutes, or certain poor wines may be made to resemble those of famous vintages. These ethers, designed for giving the bouquet, are numbered among the six great classes of materials serving for the adulteration or fabrication of wines. Establishments for the manufacture of these flavorings are located in London, Pans, New York and other large cities, and the business is large and profitable." ' Among the substances used in adulter- ating wines are: Aloes, alum, ambergris, acetic acid, acetic ether, benzine, brim- stone, bitter almonds, bicarbonate of po- tassium, bisulphate of potassium, Brazil wood, creosote, charcoal, chalk, copperas, catechu, cudbear, cochineal, caustic pot- ash, cognac oil, cocculus indicus, elder- berry, essence of absinthe, foxglove, fusel oil, glue, glycerine, gypsum, henbane, hartshorn shavings, indigo, juniper ber- ries, lime, logwood, litharge, marble dust, muriatic acid, mountain ash berries, nut- galls, opium, oak bark, plaster of Paris, prussic acid, quassia, red saunders-wood, i The Voice, Jan. 22, 18S5. Adulteration.] 9 [Adulteration. red beetroot, strychnine, sloe leaves, sper- maceti, star anise, sulphuric acid, sugar of lead, tansy, tumeric, tannic acid and wormwood. The vineyards of the great wine-pro- ducing countries have been devastated for the last twenty years by the phylloxera, and it is a matter of record that the quantities of wine actually produced in certain famous districts have been vastly decreased by this insect's ravages; yet wines of every kind and name have be- come more plentiful than before. (See Phylloxera.) It has long been noto- rious that particular countries, like En- gland and the United States, consume more pretended champagne, port, sherry, Madeira, etc., than the districts where these special kinds of wine are made yield. 1 A form of adulteration very generally in use among the makers of spurious wines is called " fortification." To a quantity of wine raw alcohol is added, and the strength of the resulting com- pound is reduced and its bulk very much increased by liberally diluting it with water. Thus by a very single process the dishonest dealer swells his stock and enhances its marketable value. No secret is made of the "fortifying" method. The California wine-makers, while adver- tising their brands as "pure" and "straight," have been so bold in demand- ing cheap alcohol for " fortification " pur- poses that they have made a political issue of the matter; and during the Con- gressional session of 1890 a measure was enacted providing that spirits required by wine manufacturers in their business should not be subject to the Internal Eevenue tax. Spain formerly imported from England about 1,000,000 gallons of , spirits annually, by far the largest part of which was used to " fortify " the cele- brated Spanish wines; but Germany offered a cheaper article, manufactured from beets and potatoes, and the adept Spanish vintners then preferred the Ger- man alcohol to the British. 2 The presence of the most deleterious i Before the Select Committee on Wines (House of Com- mons, Uri). (.'yrus Kedding stated that though the annual export of port wine amounted to only 20,000 pipes no less than 60,00(1 were consumed, a goodly amount being concocted out of Cape wines, cider and brandies, etc., most ot the spurious being < oncoced in the London docks, presumably for exportation.— Foundation of Death (New York, 1SS7), p. 48. = On the authority of Mr. Vizitelly, British Wine Commis- sioner to the Vienna Exposition. substances in well-nigh all the wine offer- ed for sale has been repeatedly shown by careful investigation. A striking instance is reported by George Walker, formerly United States Consul-General at Paris. The Municipal Laboratory of that city, during the ten months ending December, 1881, tested 3,001 samples of wines, and found 1,731 to be "bad," 991 "passable," and only 279 "good." (U. S. Consular reports, vol. 6*, p. 559.) ADULTERATIONS OF MALT LIQUORS. ■ The adulterations of malt liquors, though perhaps not executed with so much nicety as is needed in falsifying wines, are perpetrated on an equally extensive scale. In England the rascally practices of the brewers have at various times in the last 200 years occasioned the passage of special legislation against beer adulter- ation. In the reign of Queen Anne Parliament passed an act forbidding brewers, under severe penalties, to employ cocculus indicus or any other deleterious ingredients. In 1817 the Government found it necessary to establish more rigid provisions, and prohibited the use of " molasses, honey, licorice, vitriol, quassia, cocculus indicus, grains of paradise, Guin- ia pepper, or opium, or any extract or' preparation of the same, or any substitute for malt or hops, under a penalty of £200 ; and no chemist or vendor of drugs was permitted to sell, send or deliver any such things to a brewer or retailer of beer under a penalty of £500." 3 The cocculus indicus berry, stronger than alcohol in its poisonous action, is the favorite adulterant used by brewers to give fictitious strength to their product. The growing increase in the importation of cocculus indicus into England prompt, ed the London Lancet to say, March 2, 1807: " If it be true that we English consume about 900 000,000 gallons of beer every year— an increase of about 40 per cent in ten years— ample opportunity must exist for adukeratiou in this particular article of general and every day consumption. It has been asserted ovei and over again that one of the ingredients ia cocculus indicus. Though we are not aware, of any actual proof of its use there is the most conclusive evidence that it is largely sent into this country, and that it is not used for medic- inal purposes. What becomes of it ? In 1865, 9,400 lbs. were imported, enough to adulterate 120,000 bbls. of beer; and in an old treatise we find full directions given for its employment in 3 £nc) clopa-'d.'a Britiatiica, article oti " Adulteration." Adulteration.] 10 [Adulteration. the manufacture of porter. The only inference that we can possibly draw is, that it is used by the brewers surreptitiously. Unfortunately there is no duty imposed upon the drug, which is very much to be regretted. As it is cot em- ployed as a medicine, and is known to possess most deleterious qualities, and suspected to be used for the doctoring of beer, it seems to us most advisable to call attention to the above facts and to ask that some steps may be taken to prevent the possibility of its being used at all in England." Again (Feb. 21, 1874), the Lancet, com- menting on a statement in the Pharma- ceutical Journal that 1,066 bags of coc- culus indicus had been imported in a recent month, said that there need be " no hesitation in affirming that a very large portion of it is put into malt liquor to give it strength and headiness, " and that " a viler agent could not well be intro- duced into beer than the berry, the stu- pefying effects of which are so well known that it is frequently used to kill fish and birds." The object of using the cocculus indicus and other injurious substances, like picric acid, aloes, quassia, buckbean, gentian, phosphoric acid, alum, copperas, glycerine, oil of vitriol, sulphate of iron, etc., is, of course, to give the maximum strength and flavor to the beer at the minimum cost. The brewers stoutly resist every attempt to legislate against adulteration. In 1890 the United States House of Representa- tives had under consideration the Turner bill, prohibiting the use by brewers of any ingredients other than malt, hops and yeast. The Committee on Ways and Means granted a hearing (June 12) to persons interested in the measure, and Col. H. H. Finley, arguing in favor of its passage, cited advertisements of vari- ous adulterants that had appeared in the Brewers' Journal (chief organ of the brewing interests of America). At this hearing the United States Brewers' Asso- ciation was represented by Dr. Francis Wyatt, a chemist, and by William A. Miles, Chairman of its Executive Committee, and both gentlemen earnestly opposed the bill and declared that the brewers wished to avail themselves of the resources of science without hindrance. ADULTERATION OF SPIRITUOUS LIQUORS. Spirituous liquors are adulterated by using, inferior alcohol and terrible acids, especially tannic, acetic, pyroligneotis and pyroxylic acids, and the oil of creosote, together with glucose, essence of an- gelica, oil of vitriol, etc. In the natural process of distillation a com- paratively long period is required for ageing the liquor, but by unscrupulous means the distillers are able to artificially ripen their spirits and thus avoid the necessity of keeping them for several years. The whiskey manufacturers are constantly striving to produce the maxi- mum quantity of whiskey per bushel of grain. Formerly a gallon and a half per bushel was the average amount obtained, but now three, four and five gallons are extracted from a bushel. This increase is obtained partly by applying a higher heat in distilling the grain, and that necessarily implies a much greater per- centage of impurities in the resulting liquor, and especially a larger quantity of fusel oil. Liquors sold as brandy, gin and Jamacia rum are almost invariably fraudulent articles, vilely compounded. "The greater portion of the brandy of the United States," says Dr. William A. Hammond, " is made here from whiskey, and nine-tenths of the rest is manufactur- ed in France and England in the same way. Liquors called brandies are thus made which are not worth a ninth part as much as brandy." * The United States Consul at Bordeaux, in 1882, George Gifford, made a detailed investigation concerning French brandies, and wrote, in an official report: "All French brandy might and perhaps ought to be excluded from the United States on sanitary grounds. A general measure excluding the article would seem, therefore, to be the only effective defense against the admission of a poison for which our people pay one or two million dollars a year, besides the import duty, which in the case of an impure article is over 100 per cent, of its invoice value." Some writers and speakers, in discuss- ing the drink question, maintain that the enactment and rigid enforcement of laws for suppressing adulterations would go far towards correcting the worst evils of the liquor traffic. Accordingly " Pure Wine " laws have been passed in New York and California, and various provis- ions against adulterations are contained in the statutes of other States. These measures are of no practical value: no prosecutions are conducted under them, i Treatise on Hygiene (New Ttork, 1SG8), pp. 558-4. Advent Christian Church.] 11 [Africa. and they are helpful rather than harmful to the " trade," because in the absence of arrests and convictions the drink-dealers are able to plausibly claim that no adul- terations are practiced. The political power of the liquor men is sufficient to prevent any honest crusade by the author- ities against adulteration. On the other hand, the organized tem- perance people, recognizing that the active principle of evil in all intoxicating drinks is alcohol more than any other drug or poison, or all others combined, and that an extension of the alcoholic habit would undoubtedly result if the public could feel assured of the purity of the liquors on the market, have generally manifested indifference to the demand for anti-adul- teration laws. Advent Christian Church. — No action on the Prohibition question has been taken by the National Association of this church at any annual meeting for several years. This statement is made on the authority [,of the editor of the World's Crisis, the leading denomina- tional organ. Africa. — The home of aboriginal tribes, the greater part of Africa has been comparatively free from the liquor curse until recent years. It is true native intoxicants have been and are prepared from the sap of the palm and other sub- stances, and African travelers have de- scribed the gross debauchery witnessed at times ; but there is every reason to believe that the African native did not acquire an adequate realization of the corrupting power of alcoholic stimulants until Drought into contact with the traders of Christian nations. In the portions of the continent conquered by the Moham- medans, and ruled by them for centuries, the advent of new institutions was not attended by a systematic introduction of the drink habit, although the Moslem peoples of Africa gradually yielded to the alcohol vice and (especially in Tunis, Tripoli and other parts of the Mediter- ranean coast) became free drinkers. During the pre-Mohammedan era of civilization in Africa, however, intemper- ance was prevalent from the remotest MEDITERRANEAN' COAST COUNTRIES. Egypt. — It is believed that the ancient Egyptians were the earliest brewers, and it is known that they had establishments for the manufacture of intoxicating bev- erages several centuries before Christ. The Egyptian monuments picture the wine-press and vineyard, and the various aspects of intoxication. Mohammedan dominion in Egypt began in the year C40 A. D., and continued without serious interruption until Bonaparte's invasion in 1 798. The country then began to lose its purely oriental character, and none of the Western innovations were regarded with greater solicitude by the inhabitants than the wine and spirit shops established by the French. Since then, enterprising tradesmen from all European nations have overrun Egypt; and in every city, most of the large towns and many of the smallest villages, there are places devoted to the sale of liquors, in connection with other merchandise. Probably a majority of the liquor traders in Egypt at present are Greeks. In Cairo, at the beginning of 1890, there were 1,320 cafes, of which 180 were kept by Europeans, and in every one of these European shops liquors were for sale; while of the 1,140 cafes kept by natives, only 287 had liquors in stock. The values of wines, spirits and beer im- ported into the country for ten years are given as follows: 1877, $700,570; 1878, $821,565; 1879, $861,125; 1880, $921,720; 1881, $1,163,830; 1882, $1,299,095; 1883, $1,721,615; 1884, $1,733,605; 1885, $1,951,405; 1886, $1,815,605. These figures are only approximate, the exact quantities imported not being known to the Custom House officials. In 1884, 787 cases and 8,223 barrels of beer, valued at £20,215, were sent by the British Govern- ment for the use of the Army of Occupa- tion, and in addition to these quantities, a great deal of liquor was furnished to the army by contractors and others. Of the drinks of native manufacture, araka is the chief, taking its name from a word that means "to sweat." It is distilled from grapes or dates, and the propor- tion of alcohol contained in it varies from 10 to 30 per cent. Another common drink, used by the lower classes and Nile boatmen, is booza, a sort of beer brewed from wheat, barley or bread. The worst intoxicant in Egypt is hasheesh, obtained from the leaves and capsules of hemp, and consumed by smoking. It is estimat- ed that about two-thirds of the insanity of the country is due to hasheesh. The Africa.] 12 [Africa. importation of the drug is prohibited, but it is smuggled through the Custom House and introduced in ingenious ways. There is as yet no Government complicity with the liquor traffic in Egypt, and no organized " liquor power," the sale being practically free. But with the increase of the foreign-born population, and the growing acceptance of Western ideas and customs by the Copts and Mohammedans, the liquor drinking habit is spreading. .Several temperance societies have been established in connection with the work of the American missionaries, but aside from them there are no organized agen- cies for counteracting the evil. 1 Algeria, etc. — In the other countries of Northern Africa bordering on the Medi- terranean, the injunctions of the Koran against the use of intoxicants are treated with small respect by the Mohammedans, and the constantly growing influence of the French and other Europeans is uni- formly exercised for extending the liquor trade in all its branches. The common beverage is the palm wine, obtained from the date palm by means of incisions made at the base of the trunk. This drink is intoxicating, and being so easily procured is used by well-nigh everybody and works sad havoc among the people. The Jews in Algeria, Tunis, Tripoli and Morocco are extensively engaged in the drink traffic and in wine production. Former- ly the Algerian farmers were content to use their lands for cultivating food staples, but discovering from the experi- ence of the planters of Tunis that vini- culture was much more profitable, they have devoted themselves to it in recent years, so that large vineyards have been laid out in both countries, and the grow- ing of grapes for wine is rapidly becom- ing the chief occupation of the peasantry. The Mohammedans do not scruple to participate in this industry. The vine- yards of the Jews of Jerba Island, Tunis, produce wines which connoisseurs are said to compare with "those of Samos and Santorin," while the wine manufac- tured in Algeria has been for years more or less famous. Large companies have been formed in Algeria to clear land and plant vineyards thousands of acres in area. The estimates of the wine-yield of Algeria are conflicting. M. Tisserand, in 1 For the particulars about, Ffrypt thp editor i j Inriphted to Rev. J. 0. Askenhurst, au American missionary at Cairo. 18S5, in the Jourval of the Statistical Society (London), placed it at 22,000,000 imperial gallons for the year 1884. In the latest edition of Mulhall (1886) it is stated that the Algerian vintage at the time of that publication was only 9,000,- 000 gallons. The United States Consul at Marseilles (France), in a report dated Feb. 27, 1889, placed the vintage of 1888 in Algeria at 72,072,788 gallons, ranking that country after Italy, France, Spain, Hungary, Portugal, Austria and Russia among the wine-producing nations of the globe. It is probable that the larger estimates are nearer the truth — at least that they represent more reliably than the smaller figures the quantities of stuff produced and sold as wine in Algeria. That country is now fully controlled by the French, whose ingenuity is increas- ingly taxed to supply the world's demand for French wines, and who are taking ad- vantage to the utmost of the capabilities of their African provinces. MADEIRA, THE CANARIES AND AZORES. Madeira, the Canaries and the Azores, the important islands off the west coast of Africa, are celebrated for their wines. In the 16th century the principal industry of the Madeira Islands was sugar-cane cultivation, but this gradually gave way to viniculture, the grape-vine having been introduced from Candia in the 15th cen- tury. The finer grades of wines produc- ed, known as dry Madeira and malvoisie, soon acquired a reputation, and in 1820, when the prosperity of the Madeira wine- makers was at its height, the total yield was 2,650,000 gallons, valued at about 82,500,000. In 1852 the o dium attacked the vineyards and did great injury, and ten or_ twelve years later the phylloxera made its appearance, and again the vines were wasted. But Madeira continues to . export wine, or wine blended with the ordinary white wine of Portugal, or with cider or alcohol, or even the juice of the sugar-cane. The quantity exported in 1884* was 353,000 gallons, valued at about $640,000., The islanders of the Canaries formerly maae lirge shipments of excellent sugar to Europe, but like their Madeira neighbors they turned their attention to wines. Their vineyards have been ravaged by insects within the last thirty years. There have been simi- ' Thi Earth and Its Inhabitants, vol. 3, p. 503. Africa.] 13 [Africa* lar vicissitudes in the Azores, where, up to the middle of the present century, a white wine of indifferent quality was abundant. In the Azores orange groves have replaced the 'ruined vineyards, but the distilling business is attaining impor- tance, sweet potatoes and yams being used. EAST AFRICAN COUNTRIES. Abyssinia, etc. — Along the Upper Nile and in the lake regions the natives have had but little intercourse with the com- mercial representatives of Christian civil- ization, and have not yet experienced the horrors of the "white man's drink." Nearly every tribe brews a rude beer, or prepares a beverage of some sort, but these inland people have lacked oppor- tunities for reducing themselves to the depths of degradation by means of the most potent stimulants. In Kaffaland the common cereals, wheat, barley and haricots, are not in general use as aliments for man, but are fed to cattle and con- verted into beer. In Abyssinia beer is brewed from dakussa, the most widely distributed grain, although in some parts of this country (especially among the Harrari) an intoxicant is prepared from a mixture of bark and dried leaves. In former years the vine (probably trans- planted from Europe) was extensively cultivated in Middle Abyssinia. Some of the wines obtained (notably those of Ifag and Koarata) were from plants brought in by the Portuguese, and were highly esteem- ed. But these vines were nearly all de- stroyed by the odium. It is said by some travelers that King Theodore co-operated with this insect in its work, uprooting the vineyards on the ground that wine ought to be reserved for beings superior to mortals. In the countries of the east coast the practices of the people in reference to intoxicants differ widely. Throughout the Somali territory (excepting in the Ogaden country, in Central Somali, where a fermented drink is prepared from camel's milk) the use of alcoholic drinks is prohibited. In the country of the Masai, south-west of Somali and west of Zanzibar, where " the physical type is one of the finest and noblest in the whole of Africa," 1 the natives have learned by ex- perience that intoxicating liquors and 1 The Earth and Its Inhabitants, vol. 4, p. 364. tobacco tend to debase man physically and morally; and there is a rigid pro- hibition against them. The African Lake Society, founded in 1878 and trad- ing in the region of Lake Nyassa, is for- bidden by the terms of its charter to fur- nish any intoxicants to the natives. Madagascar. — By royal decree and recent enactments, prohibition of the trade in spirits is also the law in the province of Imerina in the island of Madagascar, this province being inhabited by the Hovas, the most powerful of the Madagascar natives. Before the intro- duction of Christianity into Madagascar by the London Missionary Society, there was much intoxication among the people, who consumed a fermented drink made from the sweet sap of trees. The first sovereign who became a Christian order- ed that all the trees yielding this sap should be cut down, and this radical action put an end to drunkenness until the Governments of Great Britian and France, at the demand of a few sugar- planters in Mauritius, who distilled rum from the refuse of their mills and sought a convenient market for the stuff, com- pelled Madagascar to consent to the im- portation of liquors. Ten per cent, of the liquors imported from abroad belongs to the reigning sovereign of the Hovas, but Queen Ranavalona II. steadfastly refused to derive a revenue from the demoralization of her people, and always had her share poured out upon the ground at the landing-place at Tamatave. The present queen, Ranavalona III., also ob- jects to the liquor traffic within her dominions, and is solicitous for a modifi- cation of the treaty stipulations; but both France and Great Britain have so far refused to grant relief, and upon these nations rests the responsibility for the resulting degradation. 2 2 The editor is indebted to Mrs. Mary Clement Leavitt for the facts about Madagascar. We qnote the following from Archdeacon Farrar, based, in part, upon information given in the report of a recent British and Colonial Temperance Congress: u In 1800 the Malagasy were a nation of idolaters; now, thanks in great measure to the London Missionary Society, they are a nation of Christians. They loved, they almost adored the English who had done so much for them. Un- happily, however, Mauritius became a sugar-producing colony, and rum was made from the refuse of the sugar- mills. What was to be done with it ? It was not good enough for European markets, and Madagascar 'waB made the receptacle for the damaged spirit of the colony' 1 They received the curse in their simplicity, and it produc- ed frightful havoc. 'The crime of the island rose in one short year by leaps and bounds to a height too fearful to record.' The native Government was seized with conster- nation, and the able and courageous King, Radama I., paid Africa.] 14 [Africa. Zanzibar, another prominent island, is commercially important as the base of supply and point of departure for the expeditions organized to penetrate the equatorial parts of the continent from the east coast. Speaking of- it, Prof. Drunimond says : " Oriental in its appear- ance, Mohammedan in its religion, Arab- ian in its morals, this cess-pool of wicked- ness is a fit capital for the dark continent. But Zanzibar is Zanzibar simply because it is the only apology for a town on the whole coast." 1 SOUTH AFRICAN COUNTRIES. Cape Colony. — The magnitude of the wine interests of the southern extremity of Africa, or Cape regions, is well known. M. Tisserand, in 1884, estimated Cape Colony's annual vintage at 15,400,000 imperial gallons. This, however, was probably an over-estimate. The " Welt- wirthshaft" for 1884 credited Cape Colony with only 4,490,890 gallons. Official returns for 1887 showed that about 5,586,- 608 gallons of wine and 1,390,052 gallons of brandy were produced in 1887, the exports of wine being valued at £18,928. Climate and soil are eminently adapted for the cultivation of the grape, and it is claimed that the number of gallons to the acre averages higher than in any other country. The vine was one of the first European plants introduced at the Cape. The great success of the Cape wines in the early part of this century has not been maintained; the manufac- turers have offended fastidious tastes by a too free use of spirits in " fortifying " their goods. Although the oidium and phylloxera have crippled the vineyards, efforts are being made to revive the repu- tation of the Cape brands, and it is claimed that the wine interest there is only in its infancy, great tracts of rich land not having been utilized for vini- culture as yet. the duty and ordered every cask of rum to bo staved in on the shore, except those that went to the Government stores. The merchants of Mauritius complained; the English officials interfered; and from that day the ' cursed stuff 1 has had free course, and deluged the land with misery and crime. Radama's son, Radama II., a youth of great promise, became a helpless drunkard and a criminal maniac, and was assassinated, after a reign of nine months, by order of his own Privy Council. Drunkenness is con- sidered a European fashion, and in Bpite of the grief of the native authorities, 'this crying injury to a perishing people remains unredressed and unheeded by the most hu- mane aud Christian nation in the world. The same story may be told, with very slight variation of detail, of all the native tribes on the east African seaboard. 1 " 1 Tropical Africa, by Henry Drummond, LL.D., F. R. S. E. (New York, 1890), p. 8. Natal— In Natal the sugar-cane is widely cultivated, and in 1884 the plan- tations produced 18,771 tons, of which more than a third was exported to the Boers; from what remained rum was distilled, 2,200,000 gallons being obtain- ed. By a regulation adopted in 1856 it is a penal offense to sell or give alcoholic drinks to the natives in Natal, but this law is frequently violated. Basutoland. — There is a similar pro- hibition (similarly violated) in force in Basutoland, situated between Natal and the Orange Free State. At first it ap- plied only to the native chiefs, who, hav- ing to act as judges, were expected to keep perfectly sober; but now neither chiefs nor native subjects can procure liquor lawfully. Prohibition in Basuto- land was established by the decree of the Chief Moshesh, Nov. 8, 1854 (repeated by him in 1859), as follows: " WJiereas, the strong drink of the whites was unknown to the progenitors of our tribe. Matie, Motlomi, up to Bo Monageng ; and our father Moekachane, now advanced in years, never used anything for his drink save water and milk; and inasmuch as we are of opinion that a good chief and judge who uses anything to intoxicate him is not in a proper state to act as in duty bound; and since strong drink causes strife and dissension and is a cause of destruc- tion of society (the strong drink of the whites is nothing else but fire): " Be it hereby made known to all that the in- troduction and sale of the said drink into the country of the Basutos is forbidden from this forward, and if anyone, white or colored, shall act in opposition to this interdict, the drink will be taken from him and spilled on the ground, without apology or compensation. And this decree shall be printed in the Basuto and Dutch languages, and be posted upon all the places of public resort, and in the villages of the Basutos. " Given with the advice and consent of the great of our tribe, being as the Chief of the Basutds, at Thaba, Bosigo, Nov. 8 1854. 'Moshesh, Chief." 4 Bechuanaland. — A native proclamation, equally remarkable with that of Moshesh, and antedating it by 17 years, was issued by Moroka, a Chief of Bechuanaland, and published in Graham's Totvn Journal (Cape of Good Hope), for March 22, 1838, as follows : " Thaba 'nohu. Bechuanaland. — A Law Prohibiting the Traffic in Ardent Spirits: "Where- as, the introduction of ardent spirits into this country has, in a great measure, been subversive » Temperance History, by Dawson Burns, D.D. (London National Temperance Publication Depot), vol. 1, pp. 377 435. ' ' Africa.] 15 [Africa. of the good effects both of religious and civil government in every part where it has been allowed, and immediately caused disorder, im- morality and vice, and more remarkably pov- erty and distress, demoralization and destruc- tion of life, by incessant depredations upon the property and rights of the weaker tribes of these parts; Be it hereby known that the traffic in ardent spirits in every part of the country under my government shall, from the date hereof, be illegal ; and any person or persona found transgressing this my law shall be sub- ject to the confiscation of all the spirits thus illegally offered for sale, with all other property of every kind belonging to the person or per- sons thus found transgressing that may be on the spot at the time of the seizure and in any way connected with the same. '• Given at Thaba 'nohu, this eighteenth day of October, in the year of our Lord one thou- sand eight hundred and thirty-seven. The mark X of Moroka, Chief of the Borolongs." Kama, another Chief of Bechuanaland, said to a British official : " I fear Lo Ben- gula less than I fear brandy. I fought with Lo Bengula when he had his father's great warriors from Natal, and drove him back, and he never came again, and God, who helped me then, would help me again. Lo Bengula never gives me a sleepless night. But to fight against drink is to fight against demons, and not against men. I dread the white man's drink more than all the assegais of the Matebele, which kill men's bodies, and it is quickly over ; but drink puts devils into men, and destroys both their souls and their bodies forever. Its wounds never heal." In the trade of Delagoa Bay brandy is a chief article of import, and in the southern part of Delagoa the traders rely upon spirits more than any other com- mercial medium in their transactions with the natives, from whom they receive hides, caoutchouc, beeswax, etc., in ex- change for the vilest rum. THE CONGO FREE STATE. No part of Africa has attracted so much attention in recent years as the vast region' called the Congo Free State. It has an area of 780,000 square miles, contains a population of 43,000,000 people and embraces about one-half the entire basin of the Congo river. The most enterprising efforts have been and are being made to develop its commercial resources. The interests of civilization within its limits were the subject of care- ful and prolonged consideration by an International Conference, which met in Berlin, Nov. 15, 1884, at the invitation of Prince Bismarck. Representatives from 14 nations were present, and regu- lations for the government of the Congo Free State were established. These in- cluded a rigid prohibition of the slave trade, but the traffic in intoxicating liquors was in no way disturbed. Yet it was known to everybody that this traffic meant enslavement and speedy death to millions of Africans. The horrors wrought by the deadly liquor of the whites had been vividly described. Henry M. Stanley had said in " The Congo " (vol. 2, p. 252) : "With us on the Congo, where we must work and bodily movement is compulsory, the very atmosphere seems to be fatally hostile to the physique of men who pin their faith to whiskey, gin and brandy. They invariably succumb, and are a constant source of expense. Even if they are not finally buried out of sight and out of memory, they are so utterly help- less, diseases germinate with such frightful rapidity, symptoms of insanity are numerous ; and, with mind vacant and body semi-paralyz- ed, they are hurried homeward to make room for more valuable substitutes." The failure of the Berlin Congress to legislate against the liquor traffic in the Congo Free State is the theme of a most interesting and powerful book by W. T. Hornaday, entitled "Free Rum on the Congo " (New York, 1887). We quote as follows from Mr. Hornaday : " In the whole of this high and mighty Act [the General Act of the Conference], there is not the slightest mention of any restriction on the trade in intoxicating liquors, or the promo- tion of temperance, or of any method or system whatsoever by which the condition of the people should be benefited in any way. . So far as the improvement of the African people was concerned, or the interests of the Congo Free State furthered, the Conference might just as well have never been held. Judged by the result, we may thruthfully say that it was a Conference for trade only, and it is simply disgraceful that the spirit of trade, gain, pecuniary advantage and international greed should have so completely monopolized the deliberations of the Conference and the declarations of the Act. . . . But. it may be replied, the Government of the Congo Free State can itself pass laws for the protection of the people. Let me tell you it can do no such thing in regard to the traffic in liquor. The importation and sale of brandy, rum, gin. whiskey and alcohol is ' trade,' and the Great Powers (great in greediness) have decreed in the strongest terms that trade shall be absolutely free in that region. Rum has the right of way by international edict, and the International Association cannot stop the sale of a single bottle of it without the consent of the Powers. Africa.] 16 [Africa. If the opium growers of India want to send opium to the Congo and teach all the natives to use it, they can do so." (Pp. 63-65.) And again, in the introduction to his little book, Mr. Hornaday's arraignment is even more severe : " It is amazing that the representatives of any enlightened nation could insist upon regulations allowing the exportation of poisonous brandy to Africa in an unlimited quantity, and free of all duty. The result of the Berlin West African Conference, when stripped of its diplo- matic drapery, was simply this: the trading nations gave themselves a free entry into the country; by their accursed free trade enact- ments they utterly pauperized the Government of the Congo Free State (as a reward for the efforts of the International African Association in opening up the country !), and they fastened the free rum traffic upon the people for twenty years.'' (Pp. 5 and 6.) Again : " Nearly all the savage tribes accept the vir- tues of civilization at retail and the vices at wholesale. . . . In ninety-nine cases out of a hundred, his [the savage's] first news of the Christian world is brought by a trader, who also brings him fire-water and gunpowder. . . . Our civilization, as it stands at present, is a wholesale extermination of savage races. They are killed off by intemperance and modern diseases of various kinds, which are Introduced among them by unprincipled Europeans, aided by other causes, less reprehensible but no less deadly, which spring from the same source. " Africa is being opened up from all sides, but to what ? To Portuguese slave-traders for one thing, and also to New England rum, Hol- land gin, poisonous brandy from Hamburg, Portuguese aguardiente, and deadly alcohol from France, and God only knows where else." (P. 37.) " By reason of the total absence of restrain- ing laws heretofore, and the special privilege granted by the General Act of the Berlin Con- ference, the traders of Holland, Germany, Portugal, the United States, France and En- gland are pouring cheap and deadly liquors into Africa by the shipload. The natives have de- veloped an appetite for it almost beyond the power of belief, and it is used for currency in- stead of money. In fact, gin is the lever by which Africa is being 'opened up.'" (P. 71.) The Netherlands, Germany, the United States, Great Britain, France, Spain and Portugal are the principals engaged in the production of liquors for the Congo traffic. The exportation of spirits from the Netherlands to the west coast of Africa, upon the authority of Mr. Horn- aday, who gives statistics derived from official sources, amounted in 1883 to 848,- 578 gallons, in 1884 to 1,223,914 gallons and in 1885 to 1,087,562 gallons. Great Britain's exports of spirituous liquors to West Africa for 1885 aggregated 224,- 873 gallons. France's contribution for 1885 was 405,944 gallons. Germany's liquor exports to the Congo and other parts of Africa during 1885 reached the enormous quantity of 7,823,042 gallons. From the port of Boston, United States, during the five months of July and Oc- tober, 1885, and January, February and June, 1886, 737,650 gallons of rum were exported to Africa. W. P. Tisdel, a special United States agent sent to the Congo to examine the country and its inhabitants, in his report published in the Consular reports for 1885 (p. 334), says of the Congo gin business : " The gin comes mainly from Holland and is manufactured expressly for the trade. The Holland article comprises about 90 per cent, of all the gin imported. The remaining 10 per cent, may be distributed amongst other coun- tries." When Mr. Hornaday wrote his book he made this prediction : " Ten years from now it will be too late to offer the Afri- cans any protection from the evils that are now being sown amongst tbem." Four years have passed, but at the time this is written there is no certainty of a change of policy. Earnest and persever- ing efforts have been made by philanthro- pists and temperance people to arouse the governments to action, and the Brussels Conference of 1890 took favorable steps, prohibiting the traffic in distilled spirits throughout a broad zone; but the opposi- tion of Holland has been interposed to prevent ratification. (See foot-note, p. 498.) LIBERIA AND OTHER COUNTRIES OF THE WEST COAST. The other countries of the west coast of Africa are also deluged with European and American spirits. In the Republic of Liberia, which is regarded with pecul- iar interest by Americans, the regulation of the drink traffic by license laws has been attempted. John H. Smith, United States Consul-General to Liberia, in 1885p reported that "no spirits have beer? brought into the Republic during the year on account of the opposition to the" license law." Rev. B. F. Kephart, an American missionary to Liberia, wrote 'in 1889 : "I never saw such poverty among God's people as there is in Liberia. The Christian nations are pouring rum and gin in upon this poor people. The steamer that African M. E. Church ] 17 [Alcohol. <••' brought us from Hamburg had on hoard 10,000 casks of rum (each holding 50 to 60 gallons', 11 cases of gin. 460 tons of gunpowder, and 14 missionaries — all on their way to Africa to con- vert the heathen. The German line has nine steamers that ply monthly between Germany and Africa. They always have the same kind of a load, with the exception of the mission- aries. I learned that much of this rum came from Boston." l Joseph Thomson, the African traveler, in an article entitled "Up the Niger," printed in Good Words for January, 1886, speaks thus of the enormous quantities of liquors poured into the coast ports and destined for the natives of the Niger Valley: •' At each port of call one becomes bewilder- ed in watching the discharge of thousands of cases of gin, hundreds of demijohns of rum, box upon box of guns, untold kegs of gun- powder and myriads of clay pipes, while it seems as if only by accident a stray bale of cloth went over the side." " The Earth and Its Inhabitants" (vol. 3, p. 127) contrasts the suppression of slavery in Senegambia with the continu- ance of the liquor traffic, and says : "If men are no longer directly purchased, the European dealers continue the work of moral degradation. While reproaching the Negro populations with cruelty, they incite th:m to war; while complaining of their intem- perate, depraved, or indolent habits, they per- sist in supplying them with fiery alcoholic drinks." In Angola, just south of the Congo river, although there are some 33 distinct varieties of the grape, not wine-produc- tion but spirit-distillation is a leading in- dustry. Spirits are made by the Portu- guese from the sugar-cane. In Benguela, Mossamedes and nearly the whole of the Portuguese territory of West Africa, distilling is systematically carried on, the atrocious product being used in trade with the natives of the interior. The United States special agent to the Congo, W. P. Tisdel, from whom we have already quoted, declares in the Consular Reports for 1885 (p. 336), that " in St. Paul de Loando, Benguela, and Mossamedes there are no manufactories in the country, ex- cepting for rum; consequently every- thing but the commonest articles of food is required from abroad." African Methodist Episcopal Church. — The General Conference, rep- resenting 2,000 ministers and over 400,- » The Voice, Dec. 5, 1889. 000 members, at Indianapolis, Ind., May, 1888, adopted resolutions as follow : " Resolved 1, That we discourage the manu- facture, sale and use of all alcoholic and malt liquors. " Resolved 2, That we discourage the use of tobacco by our ministers and people. " Resolved 3, That we discourage the use of opium and snuff. i "Resolved 4, That we indorse the great Prohibition movement in this country, also the work done by the Woman's Christian Temper- ance Union, and will use all honorable means to suppress the evils growing out of intemper- ance. "Resolved 5, That it shall be a crime for any minister or member of the A. M. E. Church to fight against temperance, and if convicted of this crime he shall lose his place in the Con- ference and church." The Committee on Temperance recom- mended (1) that unfermented wine be used at the Lord's Supper, and (2) that no habitual user of tobacco or whiskey be appointed a traveling preacher. The Bishops said in their address : " We should allow no minister or member who votes, writes, lectures or preaches to up- hold the rum trade to retain his membership, either in the Conference or the church. And those who are addicted to strong drink, either ministers or laymen, should have no place among us. Visit our station-houses, bridewells, jails, almshouses and penitentiaries, and you will there witness the effects of this horror of horrors. Rum has dug the grave of the Amer- ican Indian so deep that he will never be resur- rected. If we would escape the same fate as a church and a race we must be temperate. . . . Some of the loftiest intellects have been blasted and blighted by this terrible curse. The use of wine at weddings should never be encouraged by our ministers; it is often the beginning of a blasted life." African Methodist Episcopal Zion Church. — The General Confer- ence, at its quadrennial session, held at New Berne, N. C, May, 1888, composed of ministers and laymen representing all the Annual Conferences of 29 different States, and a membership of 300,000, declared, in part : "This General Conference re-affirms its stand against intemperance and the use of intoxicat- ing liquors in any form as a beverage. We favor every means that can be brought to bear for the destruction of the traffic in all intoxi- cating drinks as a beverage in State and nation* We also heartily recommend that unfermented wine be used in the sacramental service as far as possible." .Alabama. — See Index. Alaska. — See Index. Alcohol. — "The intoxicating ingre- dient in all spirituous liquors, including Alcohol.] 18 [Alcohol. under this term wines, porter, ale, beer, cider and every other liquid which has undergone the vinous fermentation." 1 Its production depends exclusively upon the decomposition of vegetable or animal matter : so far as is known it is impos- sible to obtain alcohol without decompo- sition. The strength of any intoxicating beverage is determined by the percentage of alcohol contained in it. Pure alcohol can be procured only by the processes of distillation and rectification. In its natural state it is a colorless, transparent liquid, closely resembling water in appear- ance. Chemically it is composed of 52.67 parts of carbon, 12.90 parts of hy- drogen and 32.43 parts of oxygen; and the chemical formula for it is C, H 6 0. This is the ordinary alcohol forming the basis of genuine liquors, called ethylic alcohol, which has a specific gravity of 0.794 at 60° F. and boils at 173.1° F. But other alcohols are obtained by distil- lation, especially methyl alcohol (0 H 4 0), which is derived from wood, is less in- toxicating than the ordinary article but disagreeable to the taste, and is very ex- tensively used in the arts and manufac- tures, because of its comparative cheap- ness. The remaining alcohols are the propylic (C., H 8 0), butylic (C 4 H, 0), amylic (CjH^O), etc. These are all heavier than the ethylic, and a higher heat is required to generate them from the grain or other substance distilled: they are far more intoxicating than the ordinary alcohol and of deadly nature, and a conscientious distiller will use the utmost pains to prevent their presence in his liquors; but considerable quantities of them are produced even by the most carefully-managed processes, and thor- ough treatment is required to eliminate them. (For further information con- cerning the heavier alcohols, see Distil- lation.) The chemists of the Middle Ages, who first distilled alcohol — for to them its discovery is attributed by historical docu- ments, although there is ground for be- lieving that the Chinese understood the art long before — called the fluid by vari- ous names: aqua ardens, aqua fortis, vinum ardens, vinum adustum, spiritus ardens, aqua vitw, etc. The name " aqua vital " (water of life) was considered es- pecially appropriate by those who believ- 1 United States Dispensatory. ed in its wondrous virtues. The word "alcohol" is said by some students to have been derived from the Arabic al ("the") and lohl ("fine," or " exceeding- ly fine and subtle"). Others assert that because of its evil effects upon men it was called al ghole (Arabic for " the evil ghost or spirit "). According to others, alcohol is corrupted from the Arabic al ghul ("destruction," "calamity").' 2 At first the production and use of distilled spirits were confined to the laboratory; but by degrees the knowledge of their highly intoxicating properties and the credulous belief in their medicinal qual- ities created the wide-spread demand for them that has prevailed for more than three centuries. Legitimate Uses. — Alcohol in its con- centrated form is not used as a beverage, except occasionally by the most desperate drinkers, who will eagerly swallow any decoction to gratify their burning thirst. Its legitimate uses are numerous and im- portant. Large quantities, chiefly of methylated alcohol (i. e., the ordinary ethyl alcohol mixed with methyl alcohol or wood spirits), are employed by the manufacturers of varnishes, India rubber, candles, collodion and other articles. Alcohol is also of great value as a solvent, and is extensively used to dissolve fatty substances, essential oils, organic acids, etc. Ethers are formed by distilling mixtures of alcohol and acids; chloral and chloroform are produced by distilling, respectively, chlorine and chloride of lime with alcohol — and thus alcohol is an important agent in the manufacture of anaesthetic preparations. Vinegar is made by exposing fermented fruit juices to the air, the oxygen changing the alcohol to acetic acid, which constitutes from 2 to 4 per cent, of ordinary vinegar. The in- flammability of alcohol and the intense heat resulting from its combustion make it very serviceable in mechanical and other operations where concentrated heat is required. Its resistance to cold is so great that it has never been obtained in a solid state, and at the very lowest temper- atures it retains the fluid form though be- coming viscid ; hence it is substituted for mercury in thermometers used for indi- cating temperatures below the freezing point of mercury (—39° F.). Alcohol is 2 See "The Foundation of Death' pp. 33-3. (New York, 1887), Alcohol.] 19 [Alcohol. one of the most precious of antiseptics, and any animal substance immersed in it can be preserved for an indefinite period of time. Comparative Insignificance of the Quan- tity of Alcohol Used in the Arts, Manu- factures, etc. — But the aggregate quantity of alcohol used for legitimate purposes is insignificant when compared with that entering into alcoholic liquors and drank by the people. W. P. Switzler, 'Chief of the United States Bureau of Statistics, in 1887, made some interesting inquiries to determine what portion of the alcoholic product is employed in the arts, manu- factures, etc. These inquiries resulted in a statement from James A. Webb & Son, of New York, a firm receiving and hand- ling most of the spirits used in the arts and manufactures in this country. Webb & Son declared that " the proportion of distilled spirits so used will not exceed 10 per cent, of the whole production," and that " 90 per cent, of the whole pro- duct retained in the United States for consumption during the year is used as a beverage and is designated as rye or bourbon whiskey, gin, proof spirits, pure spirits, French spirits and high proof spirits." It is believed by those who have given special attention to the sub- ject that AVebb & Son have overestimated rather than underestimated the propor- tion of distilled spirits used in the arts and manufactures. ' It will be understood, of course, that whatever estimate is ac- cepted, no account is taken of fermented liquors: the entire product of beer and wine may be said to be used for beverage purposes and therefore to play no part whatever in the arts and manufactures. 2 That is, accepting Webb & Son's estimate, 1 The comparative insignificance of the quantity eo used is explained by the very high tax (90 cents per gallon) levied by the United States Government on all spirits. Manufacturers and others who would use alcohol extensivo- ly in their business if it could he procured cheaply are forced to substitute less expensive articles for it. See Consumption of Liquors; also footnote, p. 615. 2 It is true, however, that wine and beer are extensively prescribed for medicinal purposes, so-called, while 6ome fermented wine is consumed at the sacrament of the Lord's Supper. Fermented liquorB so used are said to be applied legitimately in the same sense that spirits entering into the arts and manufactures are eo applied. But it is maintained by a constantly increasing number of physicians that there is no necessity or justification for administering alcoholic liquors of any kind to patients; and that even admitting alcohol to have medicinal value, all purposes may be better served by giving do6es of pure distilled alcohol to patients than by providing them with draughts of any of the pop- ular alcoholic beverages. From this point of view the quantity of beer and wine consumed for so-called medici- nal purposes is to be classed with beverage liquors rather than with alcohol used in the arts, manufactures, etc. the quantity of alcohol nsed in the arts and manufactures, etc., in the United States during the fiscal year ending June 30, 1889, was 10 per cent, of the quantity of distilled spirits produced during that year (91,133,550 gallons), or 9,113,355 gallons; while 82,020,195 gallons of spirits and 778,715,443 gallons of fermented liquors were produced as drink. Practically all the distilled liquors in general use in the United States, save genuine whiskey, are obtained by com- pounding raw alcohol with different sub- stances so as to give the particular liquors desired. Genuine whiskey is not a pro- duct of the compounding process, but is distilled from the grain direct. But by far the largest part of beverage spirits exists originally as concentrated alcohol, and receives commercial recognition as brandy, rum, whiskey, gin, etc., only after the raw article has been diluted and "doctored," frequently with the most poisonous drugs. The alcohol used in the compounding of such drinks is high- ly condensed to save freight charges, and is commercially known as "high proof spirits." The term " proof spirits " sig- nifies, in the United States, an alcoholic strength of 50 per cent. Percentages of Alcohol in Alcoholic Liquors. — The percentages of alcohol contained in some of the leading ferment- ed and strong liquors are as follows : 3 Beer 4.0 Lisbon 18.5 Porter 4.5 Canary 18.8 Ale 7.4 Sherry 19 Cider 8.6 Vermouth 19.0 Perry 8.8 Cape 19.2 Elder 9.3 Malmsey 19.7 Moselle 9.6 Marsala 20 2 Tokay 10.2 Madeira 21 Rhine 11 Port 23.2 Orange 11.2 Curacoa 27.0 Bordeaux 11.5 Aniseed 33.0 Hock 11.6 Chartreuse 43.0 Gooseberry 11.8 Gin 51.6 Champagne 12.2 Brandy 53.4 Claret 13.3 Rum 537 Burgundy 13.6 Irish Whiskey. ... 53.9 ! Malaga 17 3 Scotch " ...54.3 [The processes for obtaining the different al- coholic liquors are treated under the heads, Brewing, Distillation and Fermentation. Descriptions of particular liquors will be found under Malt Liquors, Spirituous Liquors and Vinous Liquors. The various Controvert- ed questions involved in the alcohol discussion are considered in the proper places; for in- stance, see Alcohol, Effects of ; Pood and Medicine.] s Mulhall (1886). Alcohol, Effects of.] 20 [Alcohol, Effects of. Alcohol, Effects of. — When we use the word alcohol we require to be clear as to the meaning of the word and the thing. We know now that the term is employed by the chemists to indicate a long series of chemical bodies, having certain properties in common and ex- hibiting the same chemical constitution in respect to the elements which enter into the composition of them. These ele- ments, three in number — carbon, hydro- gen and oxygen — never vary except in quantity or amount, and one of them, the oxygen, remains always the same, even in amount, in every member of the family. The other two elements, the hydrogen and the carbon, invariably pre- sent, exist in different quantities in differ- ent members of the family, and it is on this difference that the family differences depend. In the first or primary member of the family, the elements stand in the following form: there is one proportion or part of carbon, four of hydrogen and one of oxygen. This alcohol, called methylic alcohol or wood spirits, is a light fluid which boils at 140° Fahrenheit, and is so far volatile that I have succeeded in putting warm-blooded animals to sleep by making them inhale its vapor. We have in this methylic alcohol the lightest of the family group. If we pass to the thirtieth of the group we find a solid al- cohol, called melytic, or by some, melissic, really a wax-like substance. The propor- tion of oxygen is just the same in this variety as in the last-named, but the pro- portions of carbon and of hydrogen have so greatly changed that the change in the quality of the substance need not be wondered at. The heavy element, car- bon, has increased from one part in the methylic alcohol to 30 in the melytic, and the hydrogen has risen to 61. If we go back in the series we shall find another alcohol, the fifth from the methylic, call- ed usually amylic alcohol, fusel oil, or, sometimes, potato spirits. This is a heavy oily fluid of disagreeable odor and of high boiling point, 270° Fahrenheit. It differs from the wood spirits in 'ts weight, being very much heavier. It is com- posed of five parts of carbon and 12 of hydrogen, with the usual unit of oxy- gen. The variations here noticed extend all through the series, and all through in regular sequence, the carbon increasing one part and the hydrogen two parts each step. If we could add one more of car- bon and two more of hydrogen to me- thylic alcohol we should get another alco- hol composed of two parts of carbon, six parts of hydrogen and one part oxygen, and this would be the common alcohol of commerce, ethylic alcohol, the spirit which forms the staple of all the wines, spirits, ales and other so-called spirituous drinks supplied in such large quantities to our communities for drinking purposes. All the alcohols are products or results of fermentation of one or other fermentable substance. The common or ethylic alco- hol is the product of the fermentation of grain and of fruit, and is by far the largest product of any, because, by what has become the almost universal consent of the civilized world, it has been and is demanded as a beverage and stimulant. We may say of it, practically, that it alone is the alcoholic drink of those who indulge in the use of a stimulant; for although it is true that amylic alcohol and some other alcohols get mixed by accident, or carelessness, or it may be sometimes by design, with common alco- hol, they are not supposed to be present in it, and the general effects of alcoholic drinking are attributable to it alone. DIFFUSION" OF ALCOHOL THROUGH THE BODY. With the few facts above stated clearly before us on the position of common al- cohol, from a chemical point of view, we may turn to the study of the effects of it on man and other living things subjected to its influence. For all living things it has a certain physical affinity, for the simple reason that all living things con- tain, and as a rule are largely made up of water, for which the alcohol has a strong affinity. Itself a mobile fluid, it mixes with water in ' all proportions and with the utmost readiness: in fact, it is by virtue of this readiness that it is received into the body. No one would ever learn to drink alcohol, under any circumstances, unless it were first largely diluted with water, as it is in wine, beer, brandy, rum, gin, whiskey and other spirits. When in any of these it is present in great strength, it is again diluted by the addi- tion of more water, because if it were not so diluted it would create a burning Alcohol, Effects of.] 21 [Alcohol, Effects of. sensation in the mouth and throat and would inflict serious injury on the stom- ach. Diluted whh water it enters the body of man or animal with the water, and soon diffuses through the body where- ever there is water in the tissues. Thus, for a short time after a portion of alcohol has entered the body, and before it has had the opportunity of being removed, it can be .detected in all the fluid secre- tions. The late Dr. Percy discovered it present in the fluid of the ventricles of the brain. I have found it in the same fluid, in the blood, in the urine, in the fluids which lave the serous membranes, and, in short, in all the fluids derived from the blood. With some of the tis- sues it maintains a very close affinity, es- pecially with the tissues of the liver and the brain. So close is its affinity for the brain-substance that it becomes a most difficult, nay even an impossible task, to distill from brain-matter all the ethylic alcohol with which it can be saturated. Hence in confirmed alcoholic inebriates it becomes, veritably, part and parcel, so to say, of the cerebral organization. The usual mode of taking alcohol into the living body is to imbibe it by the mouth, as a drink; but it can effect- ively be introduced in other ways. If it be diluted and injected into the cel- lular tissue, under the skin, it will be absorbed from there. I found by experi- ment that it is rapidly absorbed from the peritoneal surface of a lower animal when it is freely diluted with water. I also found that at a sufficiently high temper- ature the vapor of it could be made to enter the lungs in sufficient quantity to be absorbed from the lungs and to pro- duce by its diffusion through the blood its specific effects. Lastly, I have known it to be absorbed by the skin in so distinc- tive a manner as again to prove its trans- mission through the blood to all parts. The easy and rapid diffusibility of alcohol through the body is the reason why its effects are so speedily realized after it has been received by the body, and it is on this account that it has gained so wide a popularity as a quick restorer. It seems to those who are wearied to restore the lost power so speedily that they are led to consider it a panacea in all cases of need or of emergency. How far this view is true we shall see better as we pro- ceed. PRIMARST OE ACUTE EFFECTS OF ALCOHOL OK THE BODY. So soon as the diffusion of alcohol has been made through the system of a hu- man being, effects are manifested. The ef- fects are modified by the amount taken, and by some other circumstances, such as temperature of the air, the dilution of the spirit with water, and above all the habits of the person who has partaken of it, whether he be an abstainer from it habitually or one accustomed to it. But as a rule we may state that the action, varying in degrees under different circum- stances, is exceedingly uniform and regu- lar. The effects which ensue may em- phatically be called nervous in character, that is to say, they are phenomena due to a disturbance emanating from the ner- vous centers, the centers of the sympa- thetic or organic nervous system, and afterwards from the centers of the volun- tary nervous organism. The impression made through the stomach upon the or- ganic nerves is exceedingly rapid, being manifested often within a few minutes after the alcohol has been imbibed, and becoming well developed in 20 minutes to half an hour. These first effects, extend- ing through the nervous distribution to the whole of the vascular system, institute what I have called the first stage or de- gree of alcoholic disturbance, the stage of paresis of the arterial vessels to their ex- tremities. These vessels, held naturally in a state of proper tension and of re- sistance to the stroke of the heart, be- come relaxed under the action of the al- cohol, as a result of its interference with the function of the organic nerves which follow these vessels to their extremities and attune their muscular contraction so as to permit the necessary quantity of blood to make its course through them. The quantity of blood thrown out by the stroke of the heart is treated "with less resistance than is natural in every part where blood circulates, beginning with the circulation of the blood through the heart itself and extending to the circula- tions through the brain, through the vis- ceral organs — like the stomach, intestines and liver — as well as through the active organs of locomotion, the groups of mus- cles that move the body. The result is that action through every part and organ of the body that is capable of action Alcohol, Effects of.] 22 [Alcohol, Effects of. which can be felt, as well as of ^arts in which action is not sensibly felt — such as the involuntary muscles — is for the mo- ment intensified, and phenomena are in- duced which are strictly indicative of the over-action. The heart is quickened in its beat, and owing to the checked flow of blood through itself the force of its beat is also increased. The vessels of the surfaces of the body, like those of the skin and mucous membranes, are injected with blood — a fact evidenced in the increased redness of the skin which is always seen during this stage. The mind becomes a little exalted, and ideas seem to flow more freely. The larger quantity of warm blood sent into the skin com- municates a sensible glow, which feels to the person affected like an increased warmth of body generally. The secre- tions of the different visceral glands are increased. The muscles appear to be en- dowed with renewed power, and, taking all the phenomena experiened into ac- count, it really seems, on a superficial view, as if during this stage all the vital powers were being carried on with an ad- vanced vitality. The feeling is as pleas- ant as it is delusive, as cheering as it is deceptive. It is not until we come to measure up the effects of this first stage with the precision of an observer who is looking at the phenomena without feeling them, that the truth is made manifest. Then it comes out clearly that the over-action felt, subjectively, is waste without com- pensation—lost energy, and so lost that in no sense whatever is it regained. If at the moment when the over-action is at its height the muscular power be tested, it will be found wanting. By a beautiful series of experiments, Dr. Eidge has demonstrated that if at this particular time of over-action the refined involun- tary muscular movements be tested, they are in trfe most uncertain condition for action. The sense of delicate touch for balancing weights is made absolutely worthless; sensibility of touch is ren- dered imperfect; the adjustment of the muscles of vision is made uncertain and 'feeble, so that the act of aiming at a mark is extremely faulty; and the sense of hearing faint sounds is decisively im- paired. These facts relate to the action of the involuntary muscles, but they apply with equal correctness to the voluntary. I myself studied, with the greatest care, the effects of alcohol during the first stage of its action on the voluntary muscles, not only of man but of inferior animals; and I detected invariably that, other things being equal, the actual strength of the voluntary muscles is re- duced under alcoholic excitement, except for the briefest moments, in which no sustained work is being carried out. Precisely the same state . of things is observable in respect to mental phenom- ena. The mind seems more active, and may be so, but it is less precise and less strong in its efforts. Words, which come forth at one moment in haste, are forgot- ten the next, or refuse to come into re- membrance, and in the art of spelling words the greatest confusion is often apt to prevail. To these failures of mind, excitement of mind is often an accom- paniment followed by depression and irritability. To sum up, the first degree of effect from alcohol is towards helpless- ness of mind and body when the full in- fluence is calculated. What seems good about it is delusive; what seems bad is definitely bad, and admits of scarcely any qualification. The first stage or degree passing away may leave nothing more than a depres- sion, but if it has been induced by a quantity of alcohol which leads to an extension of symptoms, then a second stage or degree is evidenced, in which all the signs of failure are more strikingly portrayed. In this second degree the worst indications of the first are exag- gerated, and the failures of muscular precision and power and of mental equilibrium are much advanced. In this degree the voluntary muscles begin to show the same aberration that was in- stanced in the involuntary at an earlier period. The smaller voluntary muscles, like those of the lip, are, as a rule, the first to become enfeebled and uncertain. Afterwards the muscles of the limbs fol- lowthe imperfection of function, and the brain also becoming reduced in power the muscular and mental acts begin to be aberrant simultaneously. Meantime, in this degree, the temperature of the body begins to fall. The great surface of blood that has been exposed to the air in the first stage is now flowing more tardily and, receiving no sufficient supply of warmth from within the body, is coolino- Alcohol, Effects of.] 23 [Alcohol, Effects of. down, leaving all parts reduced in warmth like itself. The second degree of alcoholic effect always leaves behind it considerable de- pression of body and of mind, even if not succeeded, as it may be, by a third de- gree from a still deeper dose of alcohol. This third degree, if it does ensue, is marked by a more complete prostration, by an entire want of proper control of ' the voluntary as well as of the involuntary muscles, by delirium and mental imbecil- ity, and at last by complete collapse both of body and mind. To this third stage of alcoholic depres- sion there may succeed a fourth, in which there is absolute paralysis of the will, and of all voluntary muscular power. In this stage the mind, quite unconscious, is buried in the deepest coma or sleep. The body is now entirely anaesthetized, so that a surgical operation of the severest char- acter might be performed on it without the slightest pain. In this stage also the temperature of the body, which has been falling through the whole of the third degree, sinks to the lowest point prac- tically compatible with the continuance of life, namely to 92° or over 6° below what is natural. To such a low ebb, in short, has life been brought, that only two nervous centers remain true to their function, the center which presides over respiration and the center which stimu- lates the heart into motion. Upon the fidelity of these two centers, so acting until the body begins to be set free from the alcohol by its slow elimination re- covery entirely depends, recovery always attended, under the most favorable con- ditions, by many hours and even days of depression and degradation of nutrition. IS ANY GOOD DOJSTE ? In the above description of the effects of alcohol on the body the acute effects alone have been considered. Before pass- ing to a new point it may be well to make a note on one or two questions which the narrative suggests. The first question we are led to ask is. Whether in the course of the variation from the nat- ural standard of vital actions which fol- low the action of alcohol to and through any degree, any good, useful or neces- sary thing has been done ? The admit- ted answer to this question must on all sides be, that after the effects of the first degree have been obtained no good thing can have been done, while some amount of evil may have been effected. It is in- deed accepted now by all authorities that the phenomena of alcoholism manifested in the primary and stimulating periods of its action are the only phenomena that can be productive of service. These are the phenomena of stimulation; and as they are well defined we can study them, one by one, and ask their value. 1. There is the phenomenon of quick- ened circulation of the blood and qmcke7ied motion of the heart. Is that good ? _ It may be good to call a languidly acting heart into more vigorous motion, but to do this with the rest of the body in re- pose, by means of an internal stimulant, is certainly very bad practice. The heart that wants to be called into more action requires invigoration by reasonable exer- cise in which the other muscles of the body can share, not by exercise in which it alone is engaged. The heart stimu- lated alone soon begins to feel the habit- ual necessity of the special stimulant, and learning in time to depend upon its artificial support lives as it were upon that support; and becoming over-active and out of harmony with the rest of the organs of the body so long as it is sup- plied with its stimulant, it fails in the most lamentable manner if by any acci- dent its stimulant be withdrawn. Here is the reason why even so-called temperate consumers of alcohol feel so acutely, at first, the withdrawal of alcohol. They feel as if they had lost blood, and num- bers who try to abstain are driven back from the trial of abstinence because they have not the resolution to persevere until the heart learns to work without the arti- ficial spur to its action. The spur all through is deceptive and bad. It takes the place of exercise without performing the proper duty. It produces derange- ment just bordering on disease of the heart. It often lays the foundation of actual^ disease of that organ, and it leads to inactivity of other functions of the body and to general inaptitude for the active duties of life until a stimulant has been taken. We cannot, therefore, count this part of the action of alcohol as a good action. 2. There is the phenomenon of warmth induced by the primary action of alcohol. Is that good ? This warmth is always Alcohol, Effects of.] 24 [Alcohol, Effects of. ephemeral and is always followed by a corresponding fall of temperature. It is like the temporary increased heat of a fire under the action of the bellows : it quickens the glow but it does not sustain the steady burning of the fire. On the contrary, it really causes the fire to burn out more quickly without adding a grain to the fuel. It is impossible, conse- quently, to attach any value to alcohol as a warmer. It is positively a cooler of the blood and tissues, and combined with cold it expedites, in the most determi- nate manner, as my researches on the action of alcohol on pigeons showed, the fatal effects of extreme cold. The ex- periences of Arctic voyagers have proved the same in man. 3. There is experienced in those who are accustomed to alcohol a sense of strength after taking it, and of firmness, which seems to be a good preparation for acts requiring precision, strength or en- durance. Is that good ? To those who rely on the assurance given in this way by alcohol, this is considered not only as good but as a necessity. The best that can be truly said of it, however, is that it is an acquired good, an acquired neces- sity. In itself it is bad, because the greatest benefits which it confers are poor indeed when compared with the pre- cision, the strength and the endurance experienced by those who. being un- touched by the habit of relying on wine, are accustomed to depend purely on nat- ural agencies for their maintenance of vital labors. In a word, it may be ac- cepted with absolute certainty that when- ever a person habituated to alcohol feels that he is unable to perform any work which he wishes to perform unless he re- sorts to alcohol for assistance, he is so far under its influenpe for evil as to be in positive danger from it and from its inter- ference with his natural vitality. Summing up all the effects produced by alcohol during the primary and least hurtful stage of its action, there is no effect from it that can be pronounced either good or necessary for the healthy body, no effect that cannot be supplied by more natural and better means — that is to say, by the aid of natural food and drink, neither of which alcohol can claim to be. It is one of the most distinctive effects of alcohol that when the taste for it has once been acquired it makes for itself a special constitution which may most faith- fully be designated the alcoholic constitu- tion. When this constitution has once been formed it renders everything else subordinate to itself, according to the de- gree of alcoholic influence that has been established. Thus the person really temperate in the use of alcohol holds by his temperate habit as firmly as he who has established in himself the more dan- gerous habit of inebriety. These effects are purely physical, and they can be in- duced in animals inferior to man, by training, just as easily as in man himself. They are dependent on the affinity which alcohol has for the matter of the brain and the other nervous centers, in which centers it forms a habitat for itself, from which it can be removed only by long- continued total abstinence. Many persons go on for years under the simple action of the moderate effect of alcohol; they are never affected beyond the first stage of its action, and always assume that they feel the benefit of it. Others who have got so far are tempted to go a little farther under some excite- ment, recreation, work, worry, or one of the many incentives for stimulation, and so work themselves into the habit of the second stage, which is less easy to restrain than the first. Others slip habitually into the habit of the third degree, be- come regularly intemperate and so fixed in intemperance that they are all but irreclaimable. From this last group spring those lowest in the series of the habitual alcoholics, who suffer from gene- ral paralysis and who fitly and literally represent the individual in the fourth degree of acute alcohol ic intoxication, dead to the world under the extreme paralyzing influence of the spirit they have imbibed. These four classes of mankind form the four great populations of constitu- tionally-alcoholized humanity that exists out of the bonds and bounds of child- hood. It is fortunate that as yet the first years of human life have been so far exempted from the alcoholic spell, for by this circumstance a full sixth of the term of each life is largely saved from the' injury and danger of alcohol. Yet even this more fortunate section is not altogether free; for, unhappily, an agent which, like alcohol, is capable of inflict- Alcohol, Effects of.] 25 [Alcohol, Effects of. ing so marked an impression on the ner- vous centers, is also capable of inflicting impressions which pass from parent to offspring and which implant by inherit- ance the constitutional habit. The in- heritance of disease thus acquired from alcohol is not so strong as that of some other diseased conditions from other causes, and it is not, according to my observation, transmitted farther than the third generation; but it must be ad- mitted as a factor tending to the produc- tion of alcoholic degeneracy and to the increase of the great populations sharing in one or other of the constitutional stages of alcoholic existence, and in the induced series of aberrations from the nat- ural standard of health which furnish the large class of disorders, bodily and mental, now designated as the alcoholic diseases of mankind. INJURIES, PHYSICAL AND MENTAL. It will be clear to every reasoning and unprejudiced mind that a chemical sub- stance which possesses the power of pro- ducing in the living so many varied and important changes as those which alcohol produces, cannot fail to induce, in the or- gans of the body, physical modifications which are either good or bad. That alcohol is incapable of imparting any good is now pretty generally acknowl- edged. Its elementary construction pre- cludes the possibility of considering it as a substance or food which can build up or sustain any vital structure or organ, such as muscle or brain; and when it is freed from saccharine foods there is no evidence whatever for assigning to it the doubtful virtue of giving fat to the body. In small quantities it quickens, in large quantities it deadens nervous action. This is its summum bonum and its summum malum. The good is infinitesimal — the evil infinite. The physical injuries from alcohol are incomparably large be- cause of their extent. They graduate from the simple exaltation of action, peculiar to the excitement of the first de- gree of its action, to the complete paraly- sis pertaining to the last degree. Where- ever organic matter of the body is en- folded in membrane, there will alcohol penetrate and there will functional dis- turbances followed by organic degenera- tion be set up. We know now of a de- finite and connected family of alcoholic degenerative diseases. We are acquainted with alcoholic phthisis, or the consump- tion of drunkards; with hepatic cirrhosis, or induration of the drunkard's liver; with the dropsy arising from the hepatic cirrhosis ; with alcoholic dyspepsia ; with alcoholic epilepsy; with alcoholic hyper- trophy, or enlargement of the heart ; with alcoholic asthenia, or feebleness of the heart ; with degeneration of the kidney and the accompanying train of kidney dis- eases classed vaguely under the term Bright's Disease. But the most wide- spread devastations from alcohol are those seated in the nervous system and displayed in mental aberration. The commoner known of these are the acute affections, delirium tremens, mania from drink, inebriety or repeated intoxication, to which must be added the less under- stood yet serious conditions, alcoholic epilepsy and alcoholic paralysis. This last-named disease, only recently clearly defined, is one of the most wide-spread of the chronic diseases resulting from alcohol, one of the most obscure and one of the most fatal. MORTALITY FROM ALCOHOL. An agent like alcohol, extensively and recklessly used by mankind in all parts of the world, and capable of inducing so many and serious diseases, must of ne- cessity be the cause of a tremendous mortality, with the usual precedence of many days of utter disablement and dis- ease. That is the fact. It is difficult to calculate the precise mortality from alco- hol, because we have never yet fully diagnosed all the evils leading to disease and death which spring from it. For example, up to this time we have not added the mortality due to alcoholic paralysis in the large computations from which our results have been drawn. Some years ago, from the best data I could ob- tain, I estimated that in England and Wales the annual mortality from alcohol was 50,000 per annum, an estimate fairly confirmed by other observers who have made inquiries of an important and in- dependent character. Admitting its cor- rectness, this estimate makes the mortality from alcohol to be about one-tenth of the whole mortality — a view which had pre- viously been expressed by the late Dr. Alcohol, Effects of.] 26 [Anti-Prohibition. Edwin Lankester, the Coroner for Central . Middlesex — and places alcohol, as one of the causes of mortality, at the head of those causes. This estimate, however, must have been under the mark, since it excluded altogether that fatality which we now know to arise from alcoholic paralysis, and excluded also, too rigidly, instances of direct poisoning from alcohol and all accidents of a fatal kind indirectly due to alcohol. I would not, however, run any risk of being charged with over- statement, and would be content still to place the mortality from alcohol at one- tenth of the whole mortality, in places where the article is consumed in the same proportion as in England and Wales at the present time, a proportion fairly rep- resentative of alcoholic populations gene- rally. Connected with the two subjects of the diseases from alcohol and the mortality from it, the question has often been dis- cussed as to the relative amount of sick- ness presented by abstaining as compared with non-abstaining communities, and as to the relative value of life in the two communities. It has been difficult to get at precise conclusions on these subjects from the two circumstances that in making comparisions the social relation- ships of the different classes are largely different, and the returns from the regis- ters of death from alcohol have been hitherto imperfect in themselves and im- perfect in the interpretations that have been put upon them. But judging from the reports of those life assurance' com- panies in which there are two classes of insured — one an abstaining and the other a non-abstaining class — and judging like- wise from the returns of sickness and mortality of two clubs, one abstaining and the other non-abstaining, existing in the same locality, holding the same social status, and made up of the same num- bers, it is absolutely certain that the rate of mortality and the number of days of sickness present data largely in favor of abstaining communities. In summary, as to the effects of alcohol on the health and life of the human species, on which fortunately those effects have alone been tried on a large scale, it must be stated on physical grounds, apart altogether from moral considerations, that the effects of alcohol are injurious, both to mind and body, that until it has produced an artificial constitution, alco- hol does nothing that anyone can con- strue into useful action, and that the es- tablishment of the alcoholic constitution is a false and unnatural policy of human life — a source of weariness, of disease, of premature old age, and of excessive and unnecessary mortality. Benjamin Ward Kichardson. Ale. — See Malt Liquors. Amendments, Constitutional. — See Constitutional Prohibition. Anti-Prohibition. — While recog- nizing the praiseworthy motives and com- mendable zeal of Prohibitionists, the anti- Prohibitionists oppose their aim and measures for the following reasons : 1. They consider Prohibition laws, in- cluding the prohibition of the sale and thus of the use of wine as a beverage, to be so opposed to public opinion that they could not be passed; or, if passed by some legislative accident, would never be enforced. In connection with this argu- ment they consider the experiment in Kansas and Iowa too recent for deduc- tions, and that in Maine to be a failure. 2. They consider the Prohibition of the sale and therefore the use of wine as a beverage, to be contrary to the teach- ings of Scripture. Of course they hold the two-wine theory to be a wild chimera of the brain. 3. They consider the denunciation of wine implied in such laws as a reflection on the Saviour, who made it the emblem of his salvation and who used it in his earthly life. 4. They consider that any such laws, which are counter to the public opinion and the public conscience, lead to the dis- organization of the community by creat- ing a contempt for law. 5. They believe that Prohibition laws would inevitably lead to the increase of law-breaking and drunkenness, and thus ruin the reform proposed. Any one would then sell, while now only a certain num- ber are allowed to sell. 6. They believe that the sale should be restricted, and that Prohibition will not restrict. 1- .They believe that wise and strong restrictive laws will receive the cordial approbation of the vast majority of the community, and that the Prohibition Anti-Saloon Republicans.] 27 [Anti-Saloon Republicans. movement is the greatest enemy to this needed reform. 8. They believe that the Prohibition movement, for the above reasons, is dis- gusting many, so that they take no inter- est in any temperance action. Prohibi- tion is thus hindering moral effort. 9. They believe that all evils which are not in themselves crimes or sins should be remedied gradually, if the rem- edy is to be a permanent one. 10. They believe that the selling of liquor is not a crime or a sin, and that to class it with theft or murder is a gross fallacy. 11. They believe that the evils of liquor-selling are wholly in the excesses that' have been connected with it, and that law should have regard only to those excesses. The crime or sin is in the ex- cess and not in the selling. 12. They believe that certain forms and ways of liquor-selling, as especially dangerous, should for that reason come under the cognizance of the laws. 13. They believe that the justice of '• these sentiments is far more available to - turn the public to a true temperance than the injustice of the Prohibitionist sentiments, which only exasperate men of good repute and enkindle opposition to all reform. 14. They believe that Prohibition, if temporarily successful in any _ locality, will produce a fearful re-action in which the moderate men, as they were ignored by the extremists for Prohibition, will be in like manner ignored by the extremists on the other side. Howard Crosby. Anti-Saloon Republican Move- ment. — A movement inaugurated in 1885 by Republican Prohibitionists of Kansas, for the purpose of inducing the Republican party everywhere to adopt " a platform of uncompromising hostility to the saloon;" pressed with considerable earnestness in different parts of the country by individual sympathizers; re- garded", however, with but scant favor by the leaders and masses of the party, and practically abandoned after the Presiden- tial campaign of 1888. The defeat of Blaine, Republican can- didate for President in 1884, was attrib- uted by many to the large vote of the Prohibition party, and this was attributed to the unsatisfactory attitude of the Re- publicans on the temperance question. When the bitter feelings occasioned by the result had been somewhat soothed, numerous temperance advocates, firmly attached to the Republican organization, began to hope that the party in seeking ways and means for regaining power would show favor for their views. Albert Griffin, then editor of the Man- hattan (Kan.) Nationalist, issued a call, dated Dec. 1, 1885, for a National Con- vention of Republican foes of the liquor traffic, to meet at Toledo, 0., May 19, 1886. The call was entitled "Destruc- tion to Dramshops," was addressed to "Enemies of the Dramshop," and was signed by 1 146 persons, residents of 63 towns of Kansas. It declared that the time had come " when this issue must be squarely made and fought out," and that "the Republican party must and will mount a temperance platform." It in- vited the co-operation of all earnest tem- perance men, " provided they are working for the annihilation of the liquor traf- fic at the earliest possible moment," and closed by appealing to Republicans to " save the grand old party from disin- tegration." Half-way measures or com- promising schemes were not contemplated by this call. Mr. Griffin made a tour of the Eastern States, presenting his idea to prominent Republican leaders, and soliciting practi- cal encouragement. He found, however, that the radical Kansas basis would not be acceptable to' the responsible managers of the party. It was impossible, under these circumstances, to make the proposed National Convention a success. The Re- publican organ at Toledo, the Blade, al- though an outspoken opponent of the saloon (under the editorial management of D. R. Locke), regarded the movement with coldness and suspicion, and no State Convention was held to prepare for the proposed national meeting at Toledo. The original call was finally withdrawn, and a new call was issued, providing for a National Conference at Chicago on Sept. 16, 1886. This new call made ma- terial concessions to the timidity of party leaders, and defined the purposes of the movement in the following cautious lan- guage: "In the opinion of those who called this Na- tional Conference, the party should not be Anti-Saloon Republicans.] 28 [Anti-Saloon Republicans. asked to commit itself nationally to or against any specific law, but should announce as its settled policy that it will everywhere strive to reduce the business of dramselling and the evils resulting from it as much as possible, each State to decide for itself from time to time what laws are best adapted to secure the end in view; and that whenever the people express a desire to vote on Prohibitory Amendments they should be given an opportunity. But whatever is done should be done honestly and with such emphasis that the men engaged in the liquor business will recognize the party as their enemy, and leave its ranks. Nothing short of that will satisfy the temperance forces, and that line of policy need not, and, if properly managed will not, alienate the mass of drinking men. almost all of whom admit that the saloon is a deadly enemy to good order and every human interest. Some will, of course, leave us, but their ranks will in the near future be more than made up by temperance men of other parties who will join us until that issue shall be settled." Despite the expressed dissatisfaction of many of the original signers, the elastic policy thus outlined was adhered to ; and the Anti-Saloon Republicans manifested a very reasonable disposition in all the sub- sequent efforts that they made to control the party. Their failure was consequently all the more disappointing and signifi- cant. The first State meeting held in sup- port of their programme was for New Jersey, at Trenton, May 26, 1886. In a number of other States conferences met during the summer. The National Con- ference assembled at Chicago on the ap- pointed day, Sept. 16, with about 200 delegates present. The tone of the Re- publican press was unfriendly. There was no suitable representation from the States except in two or three instances, and no very influential managers of party affairs were present. Vital demands made by the Prohibition element were rejected, particularly the demand that the party should favor the adoption of Prohibition. An objectionable declara- tion, recognizing taxation of the liquor traffic as a legitimate policy, was inserted in the platform. But there were many earnest and aggressive words spoken, es- pecially by the Permanent Chairman, William Windom (Secretary of the Trea- sury under Garfield and afterwards under Harrison). Senator Henry W. Blair was Temporary Chairman of the Conference. The following is the platform adopted : " First. — That the liquor traffic as it exists to- day in the United States is the enemy of society, a fruitful source of corruption in politics, the ally of anarchy, a school of crime, and with its avowed purpose of seeking to corruptly control elections and legislation is a menace to the pub- lic welfare and deserves the condemnation of all good men. " Second.— That we declare war against the saloon, and hold it to be the supreme duty of the Government to adopt such measures as shall restrict it and control its influence, and at the earliest possible moment extinguish it al- together. " Third.— We believe the National Govern- ment should absolutely prohibit the manufac- ture and sale of intoxicating liquors in the Dis- trict of Columbia and in all the Territories of the United States. "Fourth. —We believe the best practical method of dealing with the liquor traffic in the several States is to let the people decide whether it shall be prohibited by the submission of Con- stitutional Amendments, and until such Amend- ments are adopted, by the passage of Local Op- tion laws. " Fifth.— That inasmuch as the saloon busi- ness creates a special burden of taxation upon the people to support courts, jails and alms- houses, therefore a large annual tax should be levied upon the saloons as long as they continue to exist, and that they should be made respon- sible for all public and private injury resulting from the traffic. " Sixth. — That the Republican party, wherever and whenever in power, will faithfully enforce whatsoever ordinances, statutes or Constitutional Amendments may be enacted for the restriction or suppression of the liquor traffic. " Seventh. — That we approve the action of Congress, and of those States that have done so, in providing for teaching the physiological effects of intoxicants in our public schools, and that we earnestly recommend to every State Legislature the enactment of such laws as shall provide for the thorough teaching of such effects to our children. "Eighth. — JVe demand that the Republican party to which we belong, and whose welfare we cherish, shall take a firm and decided stand, as the friend of the home and the enemy of the saloon, in favor of this policy and these meas- ures. We pledge ourselves to do our utmost to cause the party to take such a stand, and we call upon all temperance men and all friends of humanity of whatever parly or name to join with us in securing these objects and in support of the Republican party so far as it shall adopt them " No important results were brought about by the Chicago Conference. A National Committee was selected, with Albert Griffin as Chairman. It opened headquarters in New York, and some work was carried on. A few State meetings were held between September, 1886, and May, 1888, but the attendance was mea- gre in each instance, and the real leaders of the party could not be persuaded to exhibit active interest. The New York Weekly Mail and Express finally consented Anti-Saloon Republicans.] 29 [Anti-Saloon Republicans. to become the formal organ of the move- ment, but very little sympathy or atten- tion was bestowed by the press in gen- eral. As the Presidential campaign of 1888 approached the Anti-Saloon Eepublicans prepared to test their strength in the national councils of the party. A second National Conference was called, to meet in New York, May 2 and 3, 1888. " The Anti-Saloon Republican movement," said the call for this body, " has now reached a magnitude and a momentum which nothing can withstand. It no longer pleads for a hearing. It commands com- pliance. It proposes to place the Eepub- ' lican party where it belongs, positively and finally on the side of the home and the public safety, as against the saloon system and its destructive work. . . . Speaking for an overwhelming majority of Republican voters and good citizens, we respectfully but most urgently ask our brethren of the Republican National Convention, which is to meet in Chicago in June, to incorporate in their platform of principles a declaration of hostility to the saloon as clear and as emphatic as the English language can make it. We ask this because it is right. Right is might." But this Conference was not well attended. There were no very important represent- atives of the party present, and the fi- nance report showed that Mr. Griffin's Committee was hopelessly in debt. Never- theless it was decided to make as good a fight as could be made at the coming Na- tional Convention of the Republican party in Chicago. Despite the complete defeat of the Anti-Saloon Republicans in that body, 1 the services of their organi- zation were given to the National Repub- lican managers in the Presidential con- test. Mr. Griffin conducted a campaign bu- reau, publishing and circulating docu- ments which appealed to temperance people to support Harrison and Morton. This bureau was, however, in no way publicly connected with the Republican National Committee, Chairman Quay disclaiming responsibility for it ; and Mr. Griffin was not permitted to carry on his work at the regular headquarters of the party, although a German and Anti-Pro- hibition bureau managed by a prominent i See Republican Party. " personal liberty" advocate was harbored there. After the election the efforts to main- tain an agitation were brought to an end. The New York Weekly Mail and Express continued for some months as the organ of the movement, and Mr. Griffin became its editor. But the proprietors of this newspaper, in July, 1889, perceiving the inconsistency of championing Prohibition while loyally supporting the actual policy of the Republican party, presented to Mr. Griffin the alternative of advocating High License and similar compromises or sever- ing his connection with the paper. He stood by his principles, and with his re- tirement from the Mail and Express the national movement was practically ter- minated. The Anti-Saloon Republicans, though never a strong factor in the Prohibition work, made important contributions to the discussion of political issues. There was a natural antagonism between them and the party Prohibitionists, and warm arguments were exchanged. A bitter spirit was manifested at times, especially in the editorials of the Weekly MM and Express before Mr. Griffin assumed charge of that journal. Even the National Com- mittee of the Anti-Saloon Republicans exhibited extreme rancor, and in one mem- orable address emanating from it the party Prohibitionists were derided as " a combination of misguided enthusiasts, moral peacocks, disgruntled politicians, mercenaries and cranks operating in the sacred name of temperance." But the conscientiousness and earnest- ness of most of the representative Anti- Saloon Republicans were never questioned. Their arguments and efforts put many individuals to severe but wholesome tests. They were criticized for their con- cessions and tame acquiescence; but if, as Republicans seeking to convert their party organization, they had been more radical and less patient, their ultimate failure would not have been so instruc- tive. The most important reason for their lack of success was expressed by Governor Eoraker of Ohio, in a letter to Mr. Griffin. "We are straightout Repub- licans in Ohio," said he, "with entire confidence that the duly accredited rep- resentatives of the party in convention assembled will always best determine what the party should do." That is, the Anti-Slavery Parallel.] 30 [Anti-Slavery Parallel. Anti-Saloon Eepublican movement was irresponsible and irregular, viewed from a strict party standpoint, and the practi- cal politicians were not disposed to en- courage a factional, loosely-connected, sentimental and unauthoritative organi- zation. Besides Mr. Griffin, some of the men most conspicuously identified with the cause were Henry B. Metcalf of Ehode Island, Major Z. K. Pangborn, editor of the Jersey City Evening Journal; H. K. Carroll, LL. D., of the Independent; Gen. A. B. Nettleton of Minnesota, Noah Davis of New York, Frank Moss of New York, Bufus S. Frost of Massachusetts, Liston McMillen of Iowa and Alexander S. Bacon of New York. Anti-Slavery Parallel, The. — A marked similarity is observable in the movements against slavery and against the liquor evil in the United States. Slavery and the liquor traffic were inti- mately associated almost from the begin- ning. The traders who brought ship- loads of slaves to America carried cargoes of rum to Africa. During the Bevolu- tionary period the slave-trade and the liquor traffic alike provided themes for discussion and agitation. The early ef- forts for both reforms were very conserva- tive. The first Anti-Slavery society did not propose Abolition, but was, as its name implies, a " Society for the relief of free negroes unlawfully held in bond- age." Similarly the first temperance so- cieties consisted of individuals pledged "to discountenance the too free use of ardent spirits," or " co restrain and pre- vent the intemperate use of intoxicating liquors." In 1775 the first Abolition society was formed at Philadelphia, with Dr. Benja- min Franklin as President, and Dr. Benjamin Eush as Secretary. Two years later the question of pro- hibiting whiskey-ma'king came to the sur- face, the following resolution being passed by the Continental Congress at Philadel- phia: " Resolved, That it be recommended to the several Legislatures in the United States im- mediately to pass laws the most effectual for putting an immediate stop to the pernicious practice of distilling grain, by which the most i The editor is indebted to Rev. D. W. C. Huntington, D. D., of Bradford, Pa. extensive evils are likely to he derived if not quickly prevented." In 1785 the Manumission Society of New York City was formed, with John Jay as its President, to secure the free- dom of slaves. That same year Dr. Ben- jamin Eush put forth his famous tract, '" An Inquiry into the Effects of Ardent Spirits upon the Human Mind and Body," which created a profound sensation and led to the " Memorial of the College of Physicians to the Senate of the United States Congress," deprecating the use of ardent spirits and recommending the im- position of high duties upon their impor- tation. This memorial was presented Dec. 29, 1790. Four years later, in 1794, the Quakers presented to Congress the first Anti-Slavery petition. Soon after this Abolition societies sprang into exist- ence in various parts of the country as did also anti-liquor societies. As early as 1789 a number of farmers of Litchfield County, Conn., combined to do their agri- cultural work without recourse to spirit- uous liquors. In 1805, at Allentown, N. J., the " Sober Society " was founded, and in 1808, at Moreau, N. Y., an organization believed to have been the first so-called "Temperance Society "was established. In 1816 a newspaper called the Appeal was started at St. Clairsville, 0., to cham- pion the Anti-Slavery cause. The move- ment against slavery languished for some years, but in 1831 new life was given to the agitation by William Lloyd Garrison's Liberator, and from that time forward the issue became of paramount importance. In 1834 President Jackson recommended to Congress the passage of an act sup- pressing Anti-Slavery literature. The Whig party opposed this radical measure, and many Abolitionists looked to that party to advocate their principles, much as Prohibitionists of a later day looked to the Eepublican party. In November, 1839, a number of Abolitionists met at Warsaw, N. Y., and organized a political Anti-Slavery party with a platform con- sisting of a single plank as follows : "Resolved, That in our judgment every consideration of duty and expediency which ought to control the action of Christian free- men requires of the Abolitionists of the United States to organize a distinct and independent political party, embracing all the necessary means for nominating candidates foe office and sustaining them by public suffrage. " Anti-Slavery Parallel.] 31 [Anti-Slavery Parallel. This was about 64 years after the or- ganization of the first Abolition society; and 64 years after the Moreau " Temper- ance Society " was formed the Prohibition political party held its first National Nominating Convention (at Columbus, 0., Feb. 22, 1872). Nothing is more remarkable in the his- tory of these two political movements than the striking similarity between the argu- ments against separate party action brought to bear upon the adherents of the " Third Party " of a generation ago, and those used to show the inexpediency and immorality of radical Prohibitionists to-day. As " Prohibition doesn't prohibit " is a favorite claim of the anti-Prohibi- tionists, so the prediction that emancipa- tion would not emancipate was indus- triously urged by the anti-Abolitionists. " It is a singular fact," said the People's Friend of Skowhegan, Me. (a pro-slavery paper), "that while it is well known that the emancipation of African slaves in the West Indies, especially in the island of Jamaica, has not only rendered the island a desert, but the Africans themselves the most miserable savages and idolators, yet clergymen, men professing the Christian religion, should from their pulpits recom- mend a similar course in this country. It is not emancipation itself that is com- plained of, but the injudicious manner in which it was done — emancipation without regard to consequences or the future wel- fare of the slaves. It is said that the Jamaica negroes are the most miserable beings on the face of the earth, and are fast returning to the worship of idols, beasts, trees and serpents." x The following appeal in the Portland Inquirer, just before the Presidential election of 1852 (Oct. 28), corresponds in letter and spirit with the closing words addressed at the end of each political campaign to the rank and file of the Prohibitionists by their leaders : " Vote for principle: vote right, and you need not fear the consequences. A vote given in ac- cordance with the dictates of conscience is not lost; its salutary influence, a noble ""testimony for truth and freedom, will be felt, whether the candidate for whom it is given is elected or not. Those votes only are lost which are given for unfit men, in violation of principle." The Abolitionists, like the Prohibition- ists, were bitterly taunted with the com- > Quoted in Austin Willey's Enquirer (published at Portland, Me.), Aug. 83, 1853. parative insignificance of their party strength and besought to abandon a political organization that seemed to be without prospect of success. Keplying to this method of reasoning, the Portland Inquirer said, Sept. 8, 1853: " Many people have been unable to see how voting for the Free Democracy [Abolition party] could effect anything in favor of free ^principles. They have figured it. and cannot make out that we shall ever secure decisive ma- jorities, and without that, votes are all thrown away. . . . The fact is, we shall have ma- jorities fast enough by and by. but at present we hardly need them. A powerful, firm minority for just principles is in the end precisely equiva- lent to a majority. ... In Ohio there is a good illustration of the power of our votes, though a decided minority of a little over 30.000. While the slave Democracy all over the country elsewhere are prostrating themselves upon the Baltimore platform [of 1852], and before the inaugural, like the worshippers of Baal around his altar, the party in that State dare do no such thing How plain from these facts the value of a free vote, although it may not elect. . . Such results aie within our reach while a small minority, and when these are gained the step will be short to majorities. Roll up, then, the votes of free men. We can succeed." The speeches of noted Abolition advo- cates are replete with arguments that, with slight adaptation, might be repeated by those desiring to most effectively answer the popular objections to the Prohibition party. Charles Sumner, in an address delivered in the Metropolitan Theatre of New York, May 9, 1855, said : " In such a cause I am willing to be called 'fanatic.' or what you will; I care not for aspersions, nor shall I shrink before hard words, either here or elsewhere. Hard words have been followed by personal disparagement, and the sneer is often launched that our enterprise lacks the authority of names eminent in church and State. If this be so the more is the pity on their account ; for our cause is needed to them more than they are needed to our cause. But alas! It is only according to the example of his- tory that it should be so. It is not the eminent in church and State, the rich and powerful, the favorites of fortune and of place, who most promptly welcome Truth when she heralds change in the existing order of things It is others in poorer condition who throw open their hospitable hearts to the unattended stranger. Nay, more ; it is not the dwellers amid the glare of the world, but the humble and lowly, who most clearly discern new duties, as the watchers placed in the depths of a well may observe the stars which are obscured to those who live in the effulgence of noon. Placed below the ego- tism and prejudice of self-interest or of a class — below the cares and temptations of wealth or power, — in the obscurity of common life, they discern the new signal and surrender themselves unreservedly to its guidance. The Saviour Anti-Slavery Parallel.] 32 [Anti-Slavery Parallel. knew this. He did not call the Priest or Levite or Pharisee to follow him, but upon the humble fishermen of the Sea of Galilee. " And in another speech (Sept. 16, 1852) Mr. Sumner made the following reply to the frequent declaration that a " third party " effort was inexpedient and hope- less: " But there is one apology which is in com- mon to the supporters of both the old parties and which is often in their mouths when pressed for their inconsistent persistence in adhering to these parties It is dogmatically asserted that there can be but two parties, that a third party is impossible, particularly in our country, and that, therefore, all persons, however opposed to slavery must be content in one of the old par- ties. This assumption, which is without any foundation in reason, has been so often put forth that it has acquired a certain currency ; and many who reason hastily, or who implicitly follow others, have adopted it as their all-suf- ficient excuse for their conduct. Confessing their own opposition to slavery, they yet yield to the domination of party and become dumb. All this is wrong morally, and, therefore, must be wrong politically." Joshua R. Giddings, explaining the rationale of the separate party movement for Abolition, used these striking words in a speech in the National House of Representatives, June 23, 1852 : " I am aware that a strong effort is making to induce our Free Democracy [Abolitionists] to sustain the Whig candidate [Gen. Winfield Scott] at the coming election. With the gentle- man nominated I have long been acquainted. To him nor to the Democratic nominee have I any personal objection. But if elected he is pledged to maintain the outrages, the revolting crimes pertaining to the compromise measures and Fugitive Slave law. to render them per petual so far as he may be able, to prevent all discussion relating to them. To vote for him is to vote for his policy, to identify ourselves in favor of the avowed doctrines which he is pledged to support, to give proof by our votes that wo approve the platform on which he stands. But, sir. why vote for Scott in prefer- ence to Pierce ? Of the men I say nothing. They merely represent the doctrines of the parties that nominated them. . . . The doc- trines of the Whig party pledge them and their candidate to maintain slavery. . . This is as far, I think, as human depravity can go. If the Democratic party has dived deeper into moral political putridity, some archangel fallen must have penned their confession of faith. If there be such a distinction, it can only be dis- covered by a refinement of casuistry too intricate for honest men to exert. Sir, suppose there was a shade of distinction in the depths of depravity to which those parties have descended, does it become men — free men — men of moral princi- ple, of political integrity — to be straining their visions and using intellectual microscopes to dis- cover that shade of moral darkness ? No, sir ; let every man who feels he has a country to save, a character to sustain— that he owes a duty to mankind and to God — come forward at once, and wage a bold and exterminating war against these doctrines, so abhorrent to freedom and humanity." The bitter opposition of many good men to the radical Prohibition movement was paralleled in the Anti-Slavery crusade. Biblical arguments were used by the an- tagonists of Abolition. Although most of the active Abolitionists were devout Christians, and the cause derived earnest and able support from the churches, vig- orous resistance was offered by influential clergymen. Rev. Nehemiah Adams of Boston, Rev. Dr. Lord (President of Dart- mouth College), and Bishop Hopkins of Vermont wrote books to counteract the teachings of the Abolitionists. So dis- tinguished and noble-spirited a Methodist leader as Wilbur Fisk discouraged their efforts. 1 It is said that only three of the 23 ministers in Springfield, 111. (Lincoln's home), voted for Abraham Lincoln in 1860. The Whig party treated the slavery question in essentially the same way that its successor, the Republican party, has treated the Prohibition issue. In locali- ties where the Abolition sentiment was strong the Whigs professed Anti Slavery, sympathy and tendencies, and made much of the pro-slavery attitude of the Demo- crats. Elsewhere they took all necessary pains to assure the slave power that the party would protect its interests. E. V. Smalley's valuable " History of the Re- publican Party" (New York, 1884), dis- cusses in a very candid way the unsatis- factory and cowardly behavior of the Whigs. " The Whigs dodged the slavery question altogether," says Mr. Smalley (p. 17); and "as a national organization it [the Whig party] was obliged to cater to the South, . . . and no positive declaration against the extension of sla- very could be got from its conventions " (p. 15). The Abolitionists were fre- quently charged with responsibility for defeating the Whig party, just as the Prohibitionists are blamed for beating the Republicans. In 1844 it was the Aboli- tion vote in the State of New York that caused the defeat of Henry Clay for the Presidency; and just 40 years later the defeat of Blaine was attributed to the large Prohibition vote in the same State. 1 See "Life of Wilbur Fisk," by George Prentice, D T> (Boston, 1890), pp. 194-321. "' Anti-Slavery Parallel.] 33 [Applet on, James. All sorts of compromises were resorted to during the Anti-Slavery agitation. Slavery was permitted in some States and forbidden in others. Even the tax plea was advocated : several times it was pro- posed in Congress to put a tax upon im- ported slaves, and thus secure a Govern- ment revenue from a traffic that " could not be suppressed." Indeed, there were plausible reasons for the claim that the slave trade could not be stopped ; for ac- cording to the admission of Southern men the smuggling of African negroes into Southern ports was regularly carried on for years after the traffic was prohibited, and although it was declared by act of Congress that all Africans landed in the United States should be forfeited to the Government and entitled to freedom, not one African of all the 100,000 or more so landed was ever forfeited. A still more curious coincidence is found in the fact that statesmen of the highest character and talent strenuously insisted that legalization of the slave sys- tem had made it thoroughly legitimate and established a right of property in slaves not to be gainsayed or rudely dis- turbed. Thus Henry Clay said in a speech that "Two hundred years of legislation have sanctioned and sanctified negro slaves as property." 1 The Abolitionists, like the Prohibi- tionists, were unmercifully abused and ridiculed. Daniel Webster called their movement " a rub-a-dub agitation " 2 Henry Clay sneeringly said they were " under the influence of negrophobia." 3 Chancellor Walworth called them "vis- ionary enthusiasts " and " reckless dema-. gogues." 4 Mr. Preston of South Carolina, in a speech in Congress on a motion made by James Buchanan, said that they were " hot-headed and cold-hearted, igno- rant and blood-thirsty fanatics." Their petitions were denounced as "the rant and rhapsody of meddling fanatics, inter- larded with texts of Scripture." A lead- ing Whig journal of Albany, 1ST. Y., said of the Free-Soilers : " They now consti- tute a sectional, political, Abolition party, with that poor despised member of the United States Senate, William H. Seward, 'Quoted in "Complete Works of W. E. Channing, D.D." (London, George Routledge & Sons), p. 660. a Speeches and Lectures of Wendell Phillips (Lee & Shepard, 1884), pp. 33, 89, 50. a Rise and Fall of the Slave Power in America, by Henry Wilson, vol. 1, p. 139. * Ibid, vol. 1, p. 235. for their leader. They can never succeed in this State, and if they could they must be a miserable minority and powerless in the nation." Nearly all the most earnest Anti- Slavery leaders were devoted to temper- ance principles, frequently advocating ad- vanced legislation. Gerrit Smith, Charles' Sumner, Henry Wilson, Abraham Lin- coln, Wendell Phillips, Horace Greeley and many others were thoroughly in sympathy with the anti-liquor cause. The vote of the Anti-Slavery men in national contests was at first discourag- ingly small, and even after four Presi- dential compaigns had been fought their strength was unimportant when compared with that of either of the other parties. Below are given the votes cast for the Presidential candidates of the Anti- Slavery men and also of the Prohibition- ists: ANTI-SLAVERY TOTE. 1840, James G. Birney (Liberty party), 7,059 1844, James G. Birney (Liberty party), 62,300 1848, Martin Van Buren (Free-Soil party) 291,263 1852, John P. Hale (Free-Soil party), 156,140 1856, John C. Fremont (Republican party} 1 - ,341,264 1860, Abraham Lincoln (Republican party) 1,866,352 PROHIBITION' VOTE. 1872, James Black 5,607 1876, Green Clay Smith 9,737 1880, NealDow 9,678 1884, John P. St. John 150,626 1888, Clinton B. Fisk 249,945 The heavy decrease in the Anti-Slavery vote in 1852 was due to the desertion of many Democrats who had voted for ex- President Van Buren in 1848 from per- sonal reasons rather than because of deep-seated convictions against slavery. With the Presidential contest of 1852 the Whig party made its last national cam- paign of importance ; its disintegration followed, and in the struggles of 1856 and 1860 its successor, the Eepublican party, took an attitude satisfactory to most of the foes of slavery. These ex- planations are important in comparing the Abolition and Prohibition votes. Appletonj James.— Born in Ipswich, in 1786, and died at the same place in 1862. He was prominent as an Abolitionist, and early in life became in- terested in the temperance reform. In Arthur, Timothy Shay.] 34 f Austin, Henry W. 1831 he listened to a debate on the license question in the Massachusetts Legisla- ture, and from that time forward was firm in the conviction that the liquor traffic, if injurious, should be prohibited and not licensed or countenanced in any way. He thus early became a champion of ab- solute Prohibition, and in 1832 clearly stated his views in a series of letters in the Salem Gazette. " The license system has been tried," he wrote, " and we have a right to pronounce it a total failure. The best test of the utility of any law is experience. There is no ground for be- lieving that a greater quantity of ardent spirits would have been consumed had there been no regulations of its sale what- ever. A law should be passed pro- hibiting the sale of ardent spirits. Why should it not be. prohibited ? It has been proved again and again, by com- petent witnesses, that so far from being valuable to any one purpose, it is the dir- est calamity that ever visited our world." In 1833 Gen. Appleton removed to Port- land, Me., where he resided for 20 years. In 1836 he was elected to theMaine Leg- islature. In presenting his report as Chairman of a certain committee he took occasion to make an able plea for entire Prohibition. "If we have any law on the subject," said he, " it should be abso- lutely Prohibitory." This report was laid on the table, but its unanswerable logic opened the way for the expression of public sentiment resulting in the enact- ment of the famous Maine law of 184G, and the passage of the improved measure (with search and seizure clauses) of 1851. Perhaps to Gen. James Appleton, rather than to any other man, belongs the title of " Father of Prohibition." Ardent Spirits. — A term applied to distilled liquors containing a large pro- portion of alcohol, as distinguished from malt and vinous liquors containing a small proportion. Arizona. — See Index. Arkansas. — See Index. Arthur, Timothy Shay. — Born near Newburgh, N. Y.,in 1809, and died in Philadelphia, March 6, 1885. In 1817 he removed with his parents to Baltimore, Md. His school advantages were few, and he was considered stupid and un- promising as a pupil. His progress was so slow that his father concluded that the attempt to educate him was a waste of time, and he was apprenticed to learn a trade. During his years of apprentice- ship he adopted a system of self-educa- tion through reading. When 18 years of age he became a member of the first temperance society organized in Mary- land, and ever after he was an earnest champion of "the movement. Defective eye-sight forced him to abandon his trade after he had followed it seven years, and during the next three years he was in a counting-room. His new position gave him more time for reading "and writing, and he began to contribute to the press, but without compensation and with no idea of making literature his profession. , Obtaining the editorial charge of a news- paper in 1833, he soon achieved some local reputation. In 1836 he was mar- ried to Eliza Aid en of Portland, Me., who became a devoted wife and bore him seven children. In 1841 he removed to Philalelphia, and began to produce sketches, magazine articles and books 'at a rapid rate. He established a periodical, which, having undergone many changes, is still published as Arthur's Illustrated Home Magazine. He also projected the Children's Hour and the Working-man. Though the earliest of Mr. Arthur's writ- ings were more or less sensational, most of his distinctive work belongs to the order of mild, moral fiction. His remi- niscences of the Washingtonian movement inspired his book, " Six Nights with the Washingtonians," which had a large sale. His best-known temperance tale is " Ten Nights in a Barroom." It became im- mediately popular, and very large editions were sold. In 1872 he published " Three Years in a Man-Trap," another tempe^ ranee story which shared the popularity of its predecessors. Atlanta. — See Local Option. Austin, Henry W.— Born in Skane- ateles, New York, Aug. 1, 1828, and died in Oak Park, 111., Dec. 24, 1889. He left home at the age of 21 and engaged in business, first in New Haven, Conn., then in Kingston, Can., and Syracuse, N. Y., and finally in Chicago, where he opened a hardware store. By patient industry and judicious investments when Chi- cago was young, he acquired considerable Australasia.] 35 [Australasia. property. He was the founder of a thriving suburb of Chicago bearing his name. One of its residents says of this town that "among its 5,000 people no saloon has ever intruded, nor any dis- orderly house, nor have so many as a score of arrests ever been made there from crimes resulting from intoxicating drinks or broils, except of persons from the neighboring city." For 25 years he re- sided in Oak Park, another Chicago sub- urb. Cursed at first with saloons and a foreign population that it was impossible to out-vote, Oak Park is now one of the model temperance towns of Illinois. Mr. Austin was mainly responsible for the reform. The last saloon in the place was banished through his action in leasing for $5,000, for a term of ten years, the premises occupied by it. He was elected to the State Legislature to advocate the idea, originating with him, of setting aside land in Chicago for a system of parks to surround the city. The miles of beautiful park-lands on the west side of the city are the result of his labor. Al- ways a temperance man, Mr. Austin, while a member of the Legislature, se- cured the passage of a bill making land- lords as well as saloon-keepers responsible for the damages resulting from the sale of intoxicants. This was generally regarded at the time as a radical measure. During the Presidential campaign of 1884 he left the Eepublicans to ally himself with the Prohibition party. From this time until his death he was actively identified with the cause of Prohibition, and contributed liberally toward its advancement both by financial support and personal labor. For some time he was Chairman of the Illinois State Prohibition Committee, and afterwards was manager of the Lever. Australasia. — Australia is divided into five parts, with areas and populations as follows : (1) Western Australia, 975,920 square miles; population, 45,000. (2) South Australia, 903,425 square miles; population, 313,000. (3) Queensland, 668,224 square miles; population, 364,- 000. (4) New South Wales, 309,175 square miles; population, 1,045,000. (5) Victoria, 87,884 square miles; popula- tion, 1,035,000. Two important islands are to be added: (6) Tasmania, 26,375 square miles, with a population of 141,- 000. (7) New Zealand, 104,235 square miles, with a population of 607,000. Australia, Tasmania and New Zealand are British colonies, and, taken together, constitute what is known as Australasia. Of the 1,044 people with whom Capt. Phillips founded the first settlement in Australia (Sydney, 1788), seven-tenths were convicted criminals, and the remain- der their guard, In celebration of the event a pint of rum was given to every man, half a pint to every woman, and a pint of porter to every soldier. For years afterward convicts were cast by the hun- dreds on these shores, and how the drink was honored might be seen from the fact that the very rum barrels bore the stamp of the. Royal Mint. As the State, so the church was founded in liquor. It is recorded that part of the cost for build- ing the first Church of England was paid in Jamaica rum. The evil results were soon apparent, and various Governors raised their voices against the traffic. In 1797 Governor Hunter wrote : " The in- troduction of this destructive trade has done immense mischief. Spirituous liquors have completed the ruin of many who might have been perfectly independ- ent." And when the farmers asked for Government relief he said, "Shut up your drink-shops." Governor Blyth writes that in 1807 "the farmers were in debt chiefly because of their parting with their crops for drink." But these warning voices did not avail. Though several of the American and English emigrants during 1835-7 were total abstainers, it was not until 1838 that the real total abstinence movement commenced. In that year (September) Mr. William Rowe, an English pledged abstainer, succeeded in Sydney, with the support of the Gov- ernor, in forming the first Australian total abstinence society. Governor Gipps himself became President of the men's, and Lady Gipps of the woman's branch of the society. Its motto was, " Temper- , ance is moderation in things innocent ' and abstinence from things hurtful." Similar societies were started at Hobart (Tas.) 1839, Adelaide (S. A.) 1840, and Melbourne (Vict.) 1842. Since then nearly all American and English total abstinence societies have been nominally reproduced in Australia. But many, especially the larger ones — and notably the Melbourne Total Abstinence Society — are mere money-making institutions. Australasia.] 36 [Australasia. In the beginning, however, the total abstinence societies were doing good work ; but the gold discoveries (1851) brought sudden wealth and spendthrift riotous living. What enormous riches the drink traffic amassed during the decade 1852-G2 is seen from the following official figures, unparalleled, I believe, in drink annals: In Victoria, in 1852, the drink-bill per head reached £21 14 5; in 18513 £27 19 7. Meanwhile immigrants from America and England had brought news of the political temperance movements in those countries, and in February, 1857, Mr. G. J. Crouch of Sydney inaugurated the po- litical temperance work by starting the New South Wales Alliance. It followed faithfully the footsteps of the United Kingdom Alliance, but found slight sup- port. In 1883 it was reorganized and baptized the New South Wales Local Option League. In the other colonies political temperance movements were begun, but with small results. Of these, specially worthy of remembrance is the one formed more than thirty years ago on pure Maine Law lines by the noble vet- eran philanthropist, Dr. Singleton of Melbourne. It died from want of funds. Meanwhile the traffic grew richer and steadily intrenched itself in legislatures and society. In Melbourne (1880) an International Temperance Convention passed a resolution urging each colony to form an Alliance for securing Local Op- tion. This was soon accomplished, and from then till now the political policy of the temperance forces in Australia has been to secure what is called " complete Local Option " in the matter of public- house licenses. Laws on these lines were passed in New Zealand (1881), in Queens- land (1885), partial ones in New South Wales (1883) and Victoria (1885), some granting Local Option as regards new licenses, and some Local Option as regards excess over what is termed stat- utory number of licenses (on the lines of the Ontario, Can., Crooks act), subject to compensation. Those colonies not yet under Local Option are clamoring for it, and those that have it are dissatisfied — Victoria and New South Wales with the character of the Local Option, New Zealand and Queensland with its results. It is no wonder; for although the Queensland Local Option is the acknowledged goal to which all the rest are tending, still, according to the uncontradicted statement of the Victorian Alliance Secretary in the Inter- national Temperance Convention at Melbourne in 1888, "only three public houses had thus far been closed up l)y means of that act." On the same occasion Sir William Fox, ex-Premier and President of the New Zealand Alliance, said of that country : "It may be imag- ined the people can now do what they like. In theory they can, but not in practice. The act has been in existence for seven years and there have been a number of committees with a majority of teetotallers on the Bench, but during that period out of 1,500 public houses in the colony only 25 have been suppressed on the ground that they were not wanted." Still the cry is Local Option, and, if pos- sible, louder than ever. Rev. Mr. Nich- olson's paper to the International Tem- perance Convention (1888) about South Australia, says : "(1) Our first demand is for Local Option in the threefold de- grees provided by the Queensland act, viz. : First, as applied against an increase of licenses ; second, for a definite numerical decrease; third, for the cessation of all licenses where temperance sentiment is strong and permanent. (2) We seek a repeal of the clause that grants a renewal of license as a matter of course." Thus the Australasian pseudo-Local Option movement resolves itself into a licensing reform movement such as the United States liquor traffic would proba- bly gladly embrace ; but here the traffic is strong enough to dictate better terms. For example, according to the Good Templar, the leading temperance paper of the colonies, in the general elections of March, 1889, in New South Wales, in a House of 137 members 101 were in favor of Local Option, 19 doubtful, 17 opposed; yet when, on the 2d of August following, after a two months' notice, it was pro- posed to introduce the Liquor Traffic Veto bill, the House was counted out. In Victoria it is even worse. The leader in the Licensed Victualers' Advocate, liquor organ of Victoria, for Feb. G, 1S89, said: " It is an open secret that in the ranks of the trade there is a good deal of sym- pathy with the policy of Local Option." So general was this " sympathy " that the Victorian Alliance issued a special mani- Australasia.] 37 [Australasia. festo on the eve of the elections warning electors to " beware of the wolf in sheep's clothing as personified in the publicans' candidate who advocates Local Option." In the teeth of the most unsparing opposition it has ever been my fate to observe, I have succeeded in forming a Prohibition nucleus — the Victorian Home Protection party — on the same basis as I adopted in England and Sweden. We are determined to divide the country, if possible, on the issue of home-protection or home-destruction — our platform in- cluding, besides the destruction of the drink, the securing of Woman Suffrage, compulsory State education in citizen- ship and ballot reform. Axel Gustafsost. Supplemental Facts, from J. W. Mea- den, Editor of the Melbourne Alliance Record. — Among the temperance organ- izations first formed in the Australasian colonies was the Independent Order of Rechabites, which now has a total mem- bership of about 25,000, one-half being in Victoria. The Order of the Sons and Daughters of Temperance is divided into two National Divisions — the "Austral- asian " and the " Victorian and South Australian"— with a combined member- ship of between 9,000 and 10,000. The Independent Order of Good Tem- plars has, with varying success, aided during the past years in the work of " re- claiming the fallen and keeping others from falling." It has established Grand Lodges in all the colonies, and has a membership in New South Wales of 16,6G8 adults, in Victoria of about 4,000, in Queensland of 3,000 and in New Zea- land of 5,498. The newest organization for the promo- tion of temperance principles is the Wo- man's Christian Temperance Union, trans- planted from America by Mary Clement Leavitt, and apparently destined to take deep root in Australia. It is still in the initial stage of its history, but Unions are being rapidly formed throughout Austral- asia. The work of organization has been undertaken by ladies who are not only of devoted spirit but who possess special qualifications for their important duties. Gospel temperance effort is carried on by numerous workers, there are many Bands of Hope, and considerable atten- tion is paid to the temperance movement by the most advanced of the churches. The following table shows the annual consumption of liquors and their values in the various Australasian colonies for the year 1887: * H rjj rO A * < s pr 8 1 3 s Ui 3 5' > a 9 £ . a. S3 CD l-L o M o s ji CO £ SB n.' I II ~3 2? 1 t-i CO 8 3 £<* £ IS -» eo Q0 tn *->■ -~i a> a i-h "3 O p g 1 •o C Local Option is the accepted policy. The present conditions may be summar- ized as follows: i The calculations for Hew South Wales are by the Eev. F B Boyee ot Sydney, and those Tor New Zealand by Mr. C M Gray of Christchurch. Mr. J- D. Merson, who is a recognized authority on the subject of Australasian tem- perance statistics, based his estimates of the other Col- onies upon returns supplied by the respective Govern- ments. Australasia.] 38 [Austria. 1. New South Wales. — Every three years the people vote on the follow- ing questions : (1) "Shall any new publi- cans' licenses be granted in respect of premises situate within the ward or mu- nicipality for the period of three years from this date ? " (2) " Shall any renewals of publicans' licenses be granted in re- spect of premises situate within the ward or municipality for the period of three years from this date ? " The publican's license fee is £30. Entire Sunday-clos- ing is required, under a maximum pen- alty of £20. Persons apparently under 16 not to be furnished with liquor for their own consumption on the premises. 2. New Zealand. — (1) A Licensing Committee is vested with power to grant or refuse licenses. Those who wish to shut up the saloons must elect men in favor of doing so. (2) A vote is taken every three years to determine whether or not new licenses shall be issued. Pub- lican's license fee, £25 to £40. Entire Sunday-closing required, under maxi- mum penalty for first offense of £10. Children under 16 not allowed to drink on the premises. 3. Queensland. — This colony possesses the only provision for complete local Pro- hibition by direct vote. A poll may be taken in any division or subdivision, upon the petition of one-sixth of the ratepay- ers. Wine-seller's license fee, £10; vict- ualler's license fee, £30. Entire Sunday- closing required, under maximum penalty of £5. Children under 14 not to be sup- plied under any circumstances. 4. Victoria. — Electors may reduce the number of hotels to a statutory limit — one hotel for each 250 inhabitants up to the first 1,000, and after that one for each 500. Spirit-merchant's license, £25. En- tire Sunday-closing required, under max- imum penalty of £10. Children under 16 not allowed to drink on the premises. 5. South Australia. — Limited Sunday selling allowed between the hours 1 and 3 p. m. The Sunday selling may be .egulatedby vote of the rate-payers. Pub- lican's license fee, £30. Children under 15 not allowed to drink on the premises. 6. Tasmania. — Entire Sunday-closing required under maximum penalty of £5, Publican's license fee, £25. All the colonies prohibit the sale of liquor to aborigines. Austria. — The intemperance statis- tics of the Austrian Empire have strik- ingly refuted the arguments of the soph- ists who propose to counteract the in- crease of intemperance by the introduc- tion of the " milder alcoholics " — beer and wine. Austria comprises eleven different nationalities, some of them addicted to the use of alcohol in its most concentrated forms, as kirschwasser (cherry brandy) in the Tyrol, and slibovitz (a vile spirit prepared by the distillation of plums and prunes) in Carinthia and Slavonic Ulyria; but the best wine and beer districts — German Austria and Western Hungary — enjoy the questionable prestige of pro- ducing the most habitual drunkards, and in them there is the largest per capita consumption of alcohol. In these regions drunken brawls, incident to the revels of •the public tavern, are a more fruitful cause of crime than the frequency of in- ternational border feuds. Temperance has made but little theoretical progress in any part of the Austrian Empire, and the manufacture of distilled liquors is not only tolerated but sedulously encouraged. Still an era of practical reform has been inaugurated by a decided change of hab- its among the upper classes, with the occa- sional exception of the Hungarian nobles, who consider it a duty of hospitality to maintain the convivial custom of their feudal ancestors. Drunkenness, once a boast of cavaliers and prelates, has come to be considered a disgraceful and un- pardonable misdemeanor in the upper social circles of Vienna, Trieste and Prague; and one of our American tem- perance journals recently mentioned, as a noteworthy sign of the times, the fact that several of the officers' messes of the Austrian army have dropped wine from their regular bill of fare, and even from the list of provisions to be kept on hand for use during active service in the field. Felix L. Oswald. Supplemental Facts. — Fiscal reasons decide alcoholic legislation in Austria, and the financial condition of the coun- try has driven the Government to impose as high a tax as possible without endan- gering the supposed interests of industrv, commerce and agriculture. Hence many legislative acts and many changes in the legislation. In 1835 the ancient duty on consumption was changed to a tax on the vessels for fermentation, according to Bacchus.] 39 [Bacchus. their size. This law continued in force till 1862, when it was replaced with a law taxing liquors according to their strength. This again was abolished in 1866, and the previous one was re-enacted. The license fee in Austria is graduated according to the population. In localities of 500 people the fee is 5 florins; in those of 500 to 2,000 people, 10 florins; 2,000 to 10,000 people, 20 florins; 10,000 to 20,000 people, 30 florins; 20,000 to 100,000 people, 45 flo- rins ; and above 100,000 people, 50 florins. (A florin is about 50 cents in American money.) Persons committing crime un- der the influence of liquor are punished with comparative leniency. Mulhall (188G) estimated the aver- age annual wine-yield of the Austrian Empire at 310,000,000 gallons, valued at $72,000,000, 1,580,000 acres being de- voted to the cultivation of the grape. This agrees approximately with the esti- mate of the United States Consul at Mar- seilles, who in a report dated Feb. 27, 1889, placed the Austrian vintage for 1888 at 92,459,500 gallons, and the Hun- garian vintage for the same year at 184,- 919,000 gallons. Austria-Hungary ranks after France, Italy and Spain among the wine-producing countries of the earth. She is also one of the chief producers of beer ; Mulhall estimates that the average annual beer product is 245,000,000 gal- lons. The quantities of beer, wine and spirits consumed, respectively, in the Empire are stated by the same authority to be 300,000,000, 245,000,000 and 30,- 000,000 gallons per year. Bacchus. — The Latin name for Dio- nysus, in Greek mythology the god of wine and the vineyard. The legends relate that he was the son of Zeus (Jupiter) and Semele, daughter of Cadmus, King of Thebes. When he attained to man- hood Bacchus learned the secret of pro- ducing wine from the grape, and imme- diately set out on a long journey through Greece, Asia Minor, Arabia, Persia and India to teach this wonderful art. In Phrygia he met Rhea, who instructed him concerning her religious rites, and he resolved to become a teacher of these also. Euripides represents him as con- quering Asia by means of a good deal of noise and ceremony but no bloodshed, marching at the head of an army of wo- men and men, who, " inspired with divine fury," mingled their cries with the clash- ing of cymbals and the din of other mu- sical instruments. Wherever he went this god of confusion taught the people the culture of the vine and the art of wine-making, and also instructed them in honey-making and the cultivation of the soil. Everywhere also he introduced the dances and religious rites he had learned from Rhea. The Greeks held Thebes to be the birth-place of Bacchus, but it seems probable that the worship of this deity originated in India, and was brought into Greece by migrating people. Bagis, one of the names of the Hindu god Schiva, gives a clew to the origin of the name of the wine-god. Among an agricultural people like the Greeks a pastoral deity would very naturally hold a high place in popular worship, and thus Bacchus was honored by four annual feasts, called Dionysia or Bacchanalia. These were the " country Dionysia," in rural towns and villages, the " festival of the wine-press," at Athens, the "an- thestria," minor feasts, and the " Great Dionysia," celebrated at Athens. Orig- inally only women took part in the feasts, giving themselves over to wild dances, and in their frenzy often rending animals and cutting themselves with sharp instru- ments. Later the festivals were popu- larized and characterized by song and dance and processions, headed by an im- age of the god. Finally license was given to every sort of immorality at these orgies, and they were occasions for general debauchery. The institution of the Greek theatre grew out of the worship of Bacchus. The Greek colonists in Southern Italy introduced the worship of the wine-god among the Romans, and in the year 495 B. C. a temple was erected to him. At first the feasts were observed with decency and decorum, the women not being permitted so much as to taste wine, and the men held under the same restraint until they had attained the age of 30; but very soon all restraint was swept away and men and women alike plunged into every excess and the gross- est immoralities. Wives followed their husbands in drunken orgies, and the cor- ruption spread among the young men and women. Things finally reached such a pass that the Roman Senate, in the year 186 B. C, was compelled to prohibit the rites and forms of Bacchanalian worship and revels. Baird, Robert.] 40 [Bands of Hope. Baird, Robert. — Born in Fayette County, Pa., Oct. 6, 1T98, and died in Yon- kers, N. Y., Nov. 15, 1863. He graduated from Jefferson College, Pa., and from Princeton Theological Seminary. In 1823 he became principal of an academy at Princeton. In 1828 he was appointed agent of the New Jersey Missionary So- ciety, and he did much toward found- ing the present system of public schools in that State. In 1*29, as agent of the American Sunday-School Union, he suc- ceeded in increasing the annual income of that organization from $5,000 to $28,- 000. In 1836 he published his " History of the Temperance Societies of the United States," and. having gone abroad, he ar- ranged for the translation of the work into French. He remained in Europe nearly eight years, but in that time made two brief visits to America. His efforts abroad were divided between an attempt in the countries of southern Europe to revive the Protestant" faith, and an effort in the northern countries to promote temperance reform. The French edition of his history was widely read both in France and by the French Swiss, the lat- ter being induced by its teachings to in- stitute temperance societies at Geneva and Fribourg. In Holland about 1,100 copies of the book were circulated. The Empress of Russia received a copy, and manifested an interest in the temperance movement. King Charles XIV of Swe- den accorded a gracious reception to Mr. Baird, and at his own expense had the book translated and a copy sent to each parish in his kingdom. Quotations from the work were made by the newspapers, and Crown Prince Oscar consented to be- come Patron to the Swedish Temperance Society, formed at Stockholm, May 5, 1837. This society issued a second edi- tion of Mr. Baird's history in 1839, by which time the number of temperance societies in the country had increased to 150, with 30,000 members. In 1833 King Frederick William III of Prussia sought information about the temperance socie- ties of America, through his ambassador at Washington. Mr. Baird was therefore cordially welcomed by him when he visit- ed Germany in 1836, and the king or- dered a German translation of the work, and presented copies of it to the Emperor of Austria and the other German princes. The first German edition of 6,000 copies was exhausted, and n second was issued within a year, while by the king's orders the temperance movement was encouraged and strengthened by the authorities of both church and state. On his second visit t} Europe in 1840 Mr. Baird visited Denmark, Sweden, Norway and Russia. Having arranged in Denmark for a translation of his book into Danish, and the publication of an edition of 2,000 copies, he organized a temperance com- mittee in Christiana, Norway, which dis- tributed 800 copies of the Danish edition among Norwegians of influence. In Octo- ber,1840, he had an interview with Em- peror Nicholas at St. Petersburg, who re- ceived him favorably, and issued an edi- tion of 10,000 copies of the book in the Russian language, and an edition of 5,000 copies in Finnish. Mr. Baird's personal in- terviews with men of rank and prominence were hardly less potential than the in- fluence of his book. His other published works are "Religion in America," first issued in Scotland, and translated into several languages ; " A Visit to Northern Europe; " "Protestantism in Italy," and " History of the Albigenses, Waldenses and Vaudois." Bands of Hope.— Temperance organ- izations for juveniles, established in great numbers throughout all the English- speaking countries, frequently as depart- ments of church and Sunday-school work. In the United States the name " Band of Hope" has been generally changed to " Loyal Temperance Legion," although some local organizations are continued under the old name. The Band of Hope pledge in this country is as follows : " I hereby solemnly pledge myself to abstain from the use of all intoxicating drinks, includ- ing wine, be?r and cider, as a beverage; from the UST of tobacco in every form, and from all profanity." Concerning the Bands of Hope of the United Kingdom, Mr. Frederick Smith (Editorial Secretary) provides the follow- ing information for this work : The first society called a Band of Hope was formed in England in Octo- ber, 1847. Temperance societies for children and young people, on a distinctly total abstinence basis, had existed, how- ever, many years earlier, both in the Brit- ish Isles and the United States. The Bands of Hope.] 41 [Baptist Church. origin of the first Band of Hope must be jointly attributed to the efforts of Mrs. Carlile of Dublin, and the Rev. Jabez TunniclifE, a Baptist minister of Leeds. In August, 1847, Mrs. Carlile visited Leeds, to address children in Sunday and day schools on the subject of temperance. Mr. Tunnicliff, who had occasionally accompanied Mrs. Carlile in her visits to the schools, felt convinced that unless something was done to follow up her labor it would be largely lost. Accordingly, before Mrs. Carlile left Leeds, a meeting was called, an organization was formed, a name was adopted and a committee was appointed to perfect the plan. The first Band of Hope meeting was held late in October, when about 300 children sat down to tea, 'more than 200 of them tak- ing the following pledge : " I promise to abstain from all intoxicating drinks as beverages." The movement spread nowhere with greater success than in the county of its birth, where at the present time (1889) there are probably 2,000 juvenile temper- ance societies of one kind or other. In 1851 the first Band of Hope Union was formed. A Union for London was estab- lished in 1855, which in 1864 became the "United Kingdom Band of Hope Union." Countv Unions rapidly followed, and now cover the greater part of England. The United Kingdom Band of Hope Union, with which the various organizations are associated, aims at furthering the inter- ests of the whole movement throughout the country. It assists local Unions and societies by means of its lecturers and deputations, by public meetings, confer- ences, missionary efforts, literature, cor- respondence and advice. Its sphere of work is in Bands of Hope, Sunday- schools, day schools, colleges, orphan asylums, industrial and district schools, training ships, reformatories and the homes of the children. Its latest and most important effort is the " School Scheme," by which, through the kindness of munificent friends, the committee is enabled to devote £2,000 per annum for the next five years to the delivery of sci- entific lectures and addresses in day schools and to other important educa- tional work. The President of the Union is George Williams, Esq., of London, and its Secretaries are Mr. Charles Wakely and Mr. Frederick Smith. The latest estimate of the strength of the movement, compiled from the best available data, shows that there are nearly 15,000 Bands of Hope and juvenile tem- perance organizations in England, Scot- land, Wales and Ireland, with upwards of 1,800,000 members. Baptist Church. —The Baptist Church is not represented as a national denomination by any conference or as- sembly of a thoroughly comprehensive nature. But different representative or- ganizations within the church are fully qualified to declare its position upon a question so intimately related to religious interests as is that of temperance. The American Baptist Home Mission Society, in session at Chicago, May 27, 1890, adopted the following resolutions, reported by Rev. H. A. Delano, D.D., of Evanston, 111., on behalf of the Special Committee on Temperance : " Whereas.'We recognize in the liquor traffic an enemy of Satanic and appalling force, menacing the purity of the Christian Church, the virtueof society and the safety of government; and •' WAereas,We believe it true policy, principle and duty to antagonize with uncompromising zeal its presence and ravages ; therefore "Resolved, That we declare ourselves among its most pronounced and relentless foes, believ- ing that it has no defensible right to exist, and that it can never be reformed, and that it stands condemned by its unrighteous frui's as a thing unchristian, un-American and perilous utterly to every interest of life. "Resolved, That we profoundly deplore the results of the recent Supreme Court decision [relating to the inter- State liquor traffic^, where- by Prohibitory laws in Maine, Kansas, Iowa, South Dakota and other States are rendered less efficient and extremely imperiled, and we sincerely hope the Congress of the United States may speedily rise to so meet the exigency of the case, that the last estate of the liquor traffic may be worse than the first. "Resolved, That we stand pledged by every legitimate means to work and pray and (as God shall give us wisdom and light) to vote for the absolute abolition and overthrow of the iniqui- tous traffic in State and nation." The Baptists of the Southern States hold annual conventions. In May, 1889, they met at Memphis, Tenn., white representatives being present from Mary- land, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, Texas, Arkansas, Kentucky and the Indian Territory. The following resolution, offered by J. B. Cranfill, was adopted : Barbour, John Nathaniel.] 42 [Barnes, Albert. " Whereas, The liquor traffic is a most power- ful hindrance to the gospel of Christ, and an aggressive enemy to social order; and " Whereas, This traffic is steadily encroaching upon all that Christian men revere and the hu- man heart holds dear; and " Whereas. It seeks to destroy the Christian Sabbath and annihilate public morals and the public conscience ; and " Whereas All Christian bodies should speak out in no uncertain tones on this question ; therefore, be it " Resolved, by the Southern Baptists in Con- vention assembled, That we favor the speedy and entire Prohibition of the liquor traffic ; that we oppose license for this traffic in any and all its forms, through which men buy the right to destroy human hope and happiness and blight human souls, as an off ence against public morals and a sin against God." Barbour, John Nathaniel — Born in Boston, Mass., Oct. 4, 1805, and died in Cambridge, Mass., Jan. 29, 1890. He graduated from Eliot School, Boston, tak- ing the highest honor, the Franklin medal. Entering a large mercantile establishment at a small salary, he performed his duties with such fidelity as soon to win the firm's confidence and a place for himself as a partner. With his uncle he established a business house which acquired many ves- sels and built up an extensive carrying trade. From youth Mr. Barbour was a total abstainer from both tobacco and in- toxicating drink despite the jeers of his young associates. He carried his convic- tions and temperance principles into his business, and it was the rule of his house neither to buy nor sell alcoholic liquors, nor allow them on its vessels either for use there or as freight. This stand brought the firm into conflict with all the wholesale grocers dealing in liquors ; and although he was ridiculed and sometimes boycotted, Mr. Barbour could boast that he never compromised his temperance principles for financial advantage. He enjoyed the acquaintance and friendsbip of many of the distinguished men and reformers of two generations. He was as staunch an advocate of the Abolition of slavery as of the temperance cause, and William Lloyd Garrison and John G. Whittier were his personal friends. He freely employed his means to further the causes he espoused, and thus did not permit himself to be- come very wealthy. Barley. — The grain from which nearly all of the malt used in brewing is derived. It is the hardiest of cereals, growing at higher latitudes than any other and also capable of cultivation in warm climates. Its superiority for brew- ing purposes has always been recognized. It is also largely used in the production of distilled spirits, especially Scotch and Irish whiskies. Mulhall (London, 1886) estimates the number of acres devoted to barley culture and the quantities pro- duced in leading countries as follows : Acres. Crop (bush.). United Kingdom 2,590,000 90,000,000 France 3,500.000 80,000,000 Germany 3.900,000 90,000,000 Russia 15,500,000 130.000,000 Austria 5,100,000 81,000,000 Italy and Spain 4,700,000 95,000,000 Belgium and Holland. 230.0C0 8.000,000 Scandinavia 1,300 000 39,000,000 Roumania, etc 2.000,000 40,000,000 Europe 38,820,000 653.000,000 United States 1 1,700.000 40 000,000 Japan 2,000,000 50,000,000 Egypt 1,000,000 15,C00 000 Algeria 2,000 000 45,000.000 British Colonies 940.000 34,000,000 Totals 46,460,000 837,000,000 1 The Census for 1880 states that in that year there were 1,997,727 acres devoted to barley-culture, producing 43,997,495 bushels. Barnes, Albert. — Born in Eome, N. Y., Dec. 1, 1798; died Dec. 24, 18T0. He graduated at Hamilton College, in 1820, and from the Princeton Theological Seminary in 1824. In 1825 he was in- stalled pastor of the Presbyterian Church at Morristown, N. J., and in 1830 he took charge of the 1st Presbyterian Church in Philadelphia, where he officiated for more than thirty years. Although emi- nent both as a preacher and scholar he refused all proffered degrees and .titles. He achieved a great reputation as a com- mentator, and his " Notes on the New Testament" enjoyed an extensive circula- tion and became a standard work on both sides of the water. In 1857 he published a work on " The Church and Slavery," in which he took radical ground for free- dom. He was equally pronounced on the liquor question: his sermon on the " Throne of Iniquity " and his tract on " The Traffic in Ardent Spirits " are mas- terly arguments and were widely read. He took the ground that this evil could be suppressed only by law and by Pro- hibitive enactments; and he believed that Barrooms.] 43 [Beecher, Lyman. upon the churches and ministers of the gospel rested the great responsibility of leading the attack against the traffic. " The pulpit," said he, " should speak in tones deep and solemn and constant, re- verberating through the land. The watch- men should see eye to eye. Of every of- ficer and member of a church it should be known where he may be found. We want no vacillating counsels, no time- serving apologies, no coldness, no reluc- tance, no shrinking back in this cause. Every church of Christ the world over should be, in very deed, an organization of pure temperance under the headship and patronage of Jesus Christ, the friend and model of purity. The pulpit must speak out. And the press must speak. And you, fellow-Christians, are sum- moned by the God of purity to take your stand and cause your influence to be felt." Concerning the necessity for a more vig- orous method than moral suasion, he said : "There is a class of nien, and those most deeply interested in the matter, that you can never influence by moral suasion. They are men who enter no sanctuary, who place them- selves aloof from argument, whose hearts are hard, whose consciences are seared, whose sole motive is gain, and who, if the moral part of the community abandon a business, will only drive it on themselves the faster. What are you to do with such men ? You may go far in the temperance reformation by moral suasion, but it has failed in removing the evil, and, from the nature of the case, must always fail, while the State throws its protecting shield over the traffic." For 45 years he was an aggressive and a radical enemy of the saloon and cham- pion of temperance principles. In the beginning the cause was very unpopular and he suffered persecution, but he lived long enough to see it respected and tri- umphing. Barrooms. — See Saloon. Barrows, Lorenzo Dow.— Born in Windham, Vt., July 1, 1817; died in Plymouth, N. H., Feb. 18, 1878. He received a thorough academic training, and throughout life remained a student. He entered the ministry in 1830 and served Methodist Episcopal churches in Vermont, New Hampshire, Massachu- setts and Ohio. He was for four years a Presiding Elder. From 185C to 1859 he was President of the Pittsburg (Pa.) Female College, and from 18G0 to 1871, and again in 1877, held the same posi- tion in the New Hampshire Conference Seminary and Female College. Although feeble in body he was a clear, forcible speaker, effective in debate and aggres- sive for reform, and especially for the temperance reform, in which he became interested early in life. He was one of the organizers of the Prohibition party in New Hampshire, and was nominated as its first candidate for Governor in 1870, receiving 1,167 votes. March 4, 1870, he issued the first number of the Prohibition Herald, a weekly newspaper which he edited and controlled until September, 1871. He was not only a gifted speaker but a forcible writer. Many temperance workers owe to Dr. Barrows's words and example their enlistment in the move- ment. D. C. Babcock. Beecher, Lyman. — Born in New Ha- ven, Conn., Oct. 12, 1775; died in Brook- lyn, N. Y., Jan. 10, 1863. This renowned preacher graduated from the Theological School of Yale College in 1797, and the next year was ordained pastor of the Con- gregational Church of East Hampton, Long Island, with a salary of $300 a year. While pastor here he married Rosana Foote, who contributed to their support by teaching school. He was installed pastor of the Congregational Church at Litchfield, Conn., in 1810, and remained there 16 years. In 1826 he became pastor of the Hanover Street Church of Boston, and in 1832 was chosen President of Lane Seminary, near Cincinnati, O. He held this position for twenty years, and during one-half that time added to his other du- ties the pastorate of the 2d Presbyterian Church of Cincinnati. Resigning the Presidency of the Seminary in 1852 he ceased his active labors, though doing occasional preaching. Three times mar- ried, Dr. Beecher was the father of 13 children, six of whom became clergymen. Two of the family, Henry Ward Beecher and Harriet Beecher Stowe, attained world-wide reputation. Perhaps no man in America has done more to mould public opinion on the tem- perance question than Lyman Beecher. He was first aroused to a realization of the magnitude of the drink evil in 1808, while pastor at East Hampton, by observ- ing how a conscienceless grogseller cor- rupted the Montauk Indians. " There was a grogseller in our neighborhood," he writes, " who drank himself and corrupt- Beecher, Lyman.] 44 [Beecher, Lyman. ed others. He always kept his jug under the bed, to drink in the night, till he was choked off by death. He would go down with his barrel of whiskey in a wagon to the Indians and get them tipsy and bring them in debt; he would get all their corn, and bring it back in his wagon — in fact, he stripped them. Then, in winter, they must come up twenty miles, buy their own corn, and pack it home on their shoulders or starve. Oh ! it was horrible, horrible. It burned and burned in my mind, and I swore a deep oath in my mind that it shouldn't be so." A little later he was greatly moved upon reading Dr. Benjamin Bush's famous essay on "The Effects of Ardent Spirits on the Human Body a.nd Mind." In 1812, soon after his removal to Litchfield, he lis- tened to the report of the committee ap- pointed by the Connecticut General As- sociation of Congregational Churches to consider the temperance problem and answer the question, " How can drunken- ness be prevented ?" The conclusions of the committee were feeble and evasive; the growing evils of intemperance were deplored, but the committee seemed to be of the opinion that nothing could be done. Beecher's soul was stirred. He immediately arose and moved to discharge the committee and appoint a new one. The motion prevailed and he was made Chairman of the new committee. On the next day he brought in a report which he says, in his autobiography, was "the most important paper that I ever wrote." It recommended that all ministers preach onthesubject of intemperance; that intox- icating liquors be banished from ministe- rial and church meetings; that church members abstain from drinking or traf- ficking in liquors; that parents exclude liquor from their families and admonish their children against it; that farmers, manufacturers, etc., provide other drinks than alcoholic beverages for their labor- ers; that temperance literature be pre- pared and circulated, and that associa- tions be organized for the promotion of temperance and good morals. After much discussion these recommendations, extremely radical as they were for those days, were approved, and it was ordered that a thousand copies be printed for circulation. Dr. Beecher's celebrated " Six Sermons on Intemperance," delivered in 182G and published in book form in 1827, mark a most important epoch in the temperance movement. Reprinted abroad and eagerly read by many thousands, they did more than any other agency to create a distinct and practical temperance sentiment, and were recognized as the standard authority on the temperance question for many years. In them he indicated the neces- sity for the absolute Prohibition of the liquor traffic. " There is no remedy for intemperance but the cessation of it," he declared. " The time is not distant, we trust," said he, " when the use of ardent spirits will be proscribed by a vote of all the churches in our land, and when the commerce in that article shall, equally with the slave trade, be regarded as in- consistent with a creditable profession of Christianity." The following sentences show the radicalism of his views as to the ways and means necessary for accomplish- ing reform : " It is in vain to rely alone upon self- government and voluntary abstinence. This, by all means, should be encouraged and enforced, and may limit the evil but can never expel it. Alike hopeless are all the efforts of the pulpit and the press, without something more radical, efficient and permanent. If knowledge only, or argument or motive were needed, the task of reformation would be easy ; but argu- ment may as well be exerted upon the wind, and motive be applied to chain down the waves. Thirst and the love of filthy lucre are incorrigible. Many may be saved by these means ; but, with noth- ing more, many will be lost and the evil will go down to other ages. " The remedy, whatever it may be, must be universal — operating permanently at all times and in all places. Short of this, everything which can be done will be but the application of temporary expedients. There is somewhere a mighty energy of evil at work in the production of intem- perance; and until we can discover and destroy this vital power of mischief we shall labor in vain. Intemperance in our land is not accidental; it is rolling in upon us by the violation of some great laws of human nature. In our views, and in our practice as a nation, there is something fundamentally wrong; and the remedy, like the evil, must be found in the correct application of gen- eral principles. It must be a universal Beer.] 45 [Belgium. and national remedy. "What, then, is this universal, natural and national remedy for intemperance ? It is the banishment of ardent spirits from the list of lawful arti- cles of commerce by a correct and efficient public sentiment, such as has turned slavery out of half of our land and will yet expel it from the world." Beer. — See Malt Liquors. Belgium. — All tradesmen in Belgi- um are taxed, but no special license is required to sell intoxicating drinks. Nothing is easier than to start and con- duct a liquor business. The number of places selling alcoholic beverages has increased enormously in the last 30 years. An official report gives the following figures : Year. Drink-awns. 1850 50,000 1880 125000 1884 130,000 From 1850 to 1880 the population in- creased 25 per cent., while the number of drink-shops increased 150 per cent. It is estimated that there is now one drink- shop for every 41 inhabitants, or for every nine men throughout the country. The unlimited opportunities for drinking, the constant tendency among nearly all classes of people to drink more and more, and the growing impurity of liquors have combined to increase appall- ingly the number of crimes, suicides and cases of insanity. A Belgian writer says : " The moral level of the people is being lowered continually." I present a few startling facts from official documents: From 1873 to 1881 the people spent on an average 474,323,000 francs, or $94,- 864,000 per annum for intoxicating drink. The average quantity consumed each year per inhabitant from 1875 to 1881 was as follows: Beer, 55.9 galls.; spirits (at 50$), 2.69 galls.; wine, 0.85 galls In 1840 the number of suicides was 204, or 51 per 1,000,000 inhabitants. In 1880 the number was 553, or 97 per 1,000,000 inhabitants. In 1846 there were 720 cases of insanity per 100,000 inhabit- ants. In 1881 there were 1,470 — increase, 104 percent. The increase in the number of crimes since 1840 has been at the rate of 141 per cent., allowing for the increase in population. M. Dupetiaux, Inspector- General of Prisons in Belgium, says: "My experience extends now over a quarter of a century, and I declare that four-fifths of the crimes and misery that have come before me in my professional or private life have been the result of in- temperance." It has been repeatedly stated on the best authority that four-fifths of the deaths in the hospitals in Brussels are due, directly or indirectly, to drink. What has been done to remedy this state of things ? " La Ligue Patriotiqu'e con- tre l'alcoolism" was started in 1879 under the title " L 'Association Beige contre Tabus des boissons alcoolique." Its work has chiefly been (1) to collect information regarding the drinking habits of the people, together with the evils resulting therefrom, and to spread abroad this in- formation; (2) To endeavor to get Jaws passed to lessen intemperance. All the lawshicherto enacted have been directed against drunkenness rather than for less- ening the temptations to drink. In October, 1889, the League took a step in advance by establishing a " Cafe populaire " in Brussels, where all spirit- uous liquors are excluded and refresh- ments are served. There is a reading- room fitted up with a library and news- papers, and amusements are provided. A circular was distributed among the workingmen, calling on them to unite in a temperance society and take a pledge against distilled liquors while retaining the privilege to moderately use fermented liquors. About 80 members have been enrolled. This is the first pledge issued by the League. la Antwerp a Good Templars' Lodge has existed for over 12 years, and has done useful work, especially among the seamen ; but as its proceedings are car- ried on in English ami most of its mem- bers are Englishmen it naturally cannot have the same influence that a distinct- ively Belgian society could have. In 1885 an International Congress against the abuse of alcoholic liquors was held in Antwerp. One result of it was the introduction into Belgium of the Swiss temperance society, known as " La Croix Bleue." This is a total abstinence society, and it has made some progress in the South of Belgium, chiefly among the Protestant workmen. "La Socirto de St. Jean Baptiste " is the name of an organization started at St. Frond (in Bel- gium) in November, 1886, and now en Benefits of Prohibition.] 46 [Bible and Drink. joying the patronage of the Lord Bishop of Liege. It issues the same accommo- dating pledge as the society at Brussels. At the close of 1888 its members num- bered 700 adults and 4,000 children. This society has received the benediction of Pope Leo XIII. Chaelotte A. Gray. Benefits of Prohibition. — See Pro- hibition Benefits of. Bible and Drink. — There are two possible views of the relation which the Hebrew and Greek Scriptures bear to in- toxicating wine, drugs and strong drink : either (1) that they are harmonious in all their statements as the beliefs of inspired men, or (2) that they are the records of various fallible opinions, more or less inaccurate. Of course the proof of the first position fails if those Scriptures contradict either the laws of morals, the principles of sci- ence or the facts of life. Any claim that contravenes reason, conscience and fact is an imposture. We must, however, always distinguish between the Scriptures them- selves and the interpretations put upon them by prejudiced, interested or igno- rant men. As the " pure in heart " can alone see God, so the open-minded truth- seeker and truth-lover is alone fitted to perceive the meaning of his word. The great Italian poet has said of twisted expositions of Holy Writ : "Men thus at variance with the truth Dream, tho' their eyes be open ; reckless some Of error; others well aware they err. Each the known track of sage philosophy Deserts, and has a by way of his own. Yet this, offensive as it is. provokes Heaven's anger less than when the sacred Book Is forced to yield to man's authority, Or from its straightness warped." — Dante. If the Bible does contain contradictory statements or implications, under God's apparent sanction, then, of course, its au- thority ceases and the known facts of ex- perience and science become the guide of duty. On the contrary, if the Bible is consistent, the consistency may be shown ; and we may add, only the denier of its divinity has the moral and logical right to contend that it does sanction the use of strong drink or disturbing drugs. Let us then examine the book with impartial- ity and record some of the discovered facts that bear on the subject of drink and drinking : 1. The institutes of the Creator are wise ; yet in Eden, for the most organic- ally perfect pair, no strong drink was provided; the fruits of the earth were their appointed food, and simple water or " meathes from many a berry " their only but sufficient beverage. 2. It is also the fact that God provided no strong drink for his people, even when wandering in the hot atmosphere of an arid wilderness,, but only water from the rock ; and even then, from the presence of palm-wine made by the foolish sons of Aaron, " strange fire " was ignited, and the offerers perished, being the occasion of the first recorded prohibition of intoxi- cants — a divine example which men would do well to follow. 3. In the symbolic rites it was not "wine " that represented "the washing of regeneration," but the " water of life " ; while fermentation was the type of moral corruption. (1 Cor. 5 : 6-8.) 4. The three chief elements of the most sacred institutes of Jews and Christians were water, bread and fruit, and the law of the Passover (Ex. 12 and 34 : 25) commands (1) that the Jews shall con- . sume matzah, sweet or fresh things ; (2) that seor (the sour or ferment) shall be put out of sight; (3) that no chomets (fermented thing) shall be used. Strange that a thousand years later the Rabbins narrowed the broad sense of matzah into "biscuit," while now some churchmen would fain decree, and do actually con- tend, that the phrase " fruit of the vine" excludes the juice from its significance, and designates only fermented wine — a dogma in which Christ, fact and science are equally repudiated. 5. In singular contrast with the lan- guage of the opponents of abstinence in this age, it is a fact that there is not in the whole 40 books of the Bible one soli- tary text that condemns the Nazarites' practice, nor one which commends the use of intoxicating wine. 6. The Bible records, in manifold texts, how patriarchs and priests, princes and prophets " went out of the way through wine and strong drink," and in language corresponding to the fact not only urges the inherent evil tendency of the article consumed, but denounces a woe upon those who give it to their neighbors. (Hab. 2: 15.) Such drink is called a " poison," a " deceiver," a " mocker " and Bible and Drink.] 47 [Bible and Drink. a " defrauder " (" treacherous dealer " in K. V.). The first and last time in which chemah, the generic Hebrew term for " poison " occurs, it is applied to intoxi- cating wine ; ami in descriptive passages the drink of the drunkard is in fact de- clared to be a narcotic brain-poison and a paralyzer of the will. " They have beaten me and I felt it not ... I will seek it yet again." (Prov. 23 : 35.) 7. The word for " poison " has a meta- phorical use in accordance with the literal. It is the word which characterizes the contents of the " cup of wrath," and is expressive of the divine punishment upon sin (Jer. 25 : 15, etc.). It was not a " cup of blessing " ; and the toxic quality is the whole point and meaning of the figure, as in the 14th chapter of the Apocalypse, in which book the philosophy of Prohibi- tion is also distinctly taught. The bind- ing of Satan precedes the millenium of purity and peace. The divine kingdom is always conditioned upon deliverance from evil and from the pressure of per- petual temptation. 8. The philology of the Bible plainly discriminates between good and bad wine. The phrase "pure blood of the grape" cannot point to the same thing as " wine, the poison of dragons" ; the wine of " astonishment " (lit., reeling) cannot be the same thing as the contents of the " cup of blessing." We must, therefore, dis- tinguish between the Lord's Kalon-oinon and Satan's Kakon-oinon. 9. The Bible not only discountenances drink and drinking by plain and strong words, and by recording evil results, but commends and commands abstinence in various and emphatic ways. " I raised up your sons for prophets and your young men for Nazarites; is it not even so? saith the Lord'." (Amos, 2:11, 12.) The strong champion Samson was, before Ms birth, appointed by angelic message to be an abstainer, and his mother was prohibited the toxic drink likewise, lest he should suffer pre-natal injury. The Nazarites are described as fair, ruddy and moral. The priests were commanded, on pain of death, to abstain from strong drink while doing God's work in tabernacle and tem- ple ; and one greater than a prophet, the forerunner of the Messiah, was made an abstainer " that he might be filled with the Holy Ghost." 10. Abstinence teaching, in various forms, permeates both the Old and New Testaments, as well as the Apocrypha, but especially and distinctly is it inculcated in the letters of Peter and Paul. "We," says the latter, "are 'sons of the day,' and, therefore, should be Neephomen, ' no drinkers/" (1 Thess. 5:6-8.) 11. Before anything can be proved against abstinence, either as a doctrine or a " counsel of perfection," a test must be adduced which connects together three things — God, sanction and intoxicating quality. God's word is one thing; man's opinion about it is another. God's sanc- tion is one thing — his " permission " another. Divorce, slavery, polygamy, even rebellion, were expressly " allowed." God does not coerce us. Lastly, intoxica- ting wine is one thing — " good wine " an- other. Moreover, the Bible, like any other ancient book, must be read in the light of the history of the times in which its vari- ous books were written. What the men of that day would understand by words and laws is the question — not what the moderns may wish the words to mean. Now the great illuminating fact in this inquiry is that abstinence was apart of all the great religions of the East — of Egypt, Bactria, Persia, India — and was practiced or taught by the most eminent men of Greece, like Pythagoras and Epicurus. 12. Two centuries before Christ, the following passage from Phylarchus shows that its essential truth penetrated the religion of the Pagan world : " The Greeks who sacrifice to the Sun-God never bring wine to the altars, because it is fitting that the God who keeps the whole universe in order should in no way be connected with drunkenness." (His- toria, lib. xii.) In the writings of Jose- phus and Philon the doctrine of absti- nence is distinctly taught, and in the very words of the Christian apostles ; the early Church at Jerusalem practiced it, and Eusebius, in the 17th chapter of his his- tory, tells us not only that it extensively prevailed amongst the Essenes, but also that it was the practice of the holy apostles. 13. In the light of these historic facts, the contention that Christ, in opposition to the teaching of the prophets and the practice of the Essenes and other pious Jews, should transmute innocent water into toxic wine, by a miraculous brewing, without exciting any remark or inquiry Bible and Drink.] 48 [Bible Wines. from either friends or critics, seems the very height of paradox, and cannot be rationally entertained. 14. Drugged drinks are frequently named, but never as comforters, blessings or legitimate luxuries. Mixed wine, how- ever, is shown in Proverbs to be of two sorts — one the syrup-wine mingled with water at Wisdom's feast, the other drugged wine, upon the seekers of which a woe is elsewhere- pronounced. No com- mentators, of any school or church, have failed to see that the Bible condemns such drinks. The last act of the Redeemer was to refuse the " wine mingled with myrrh," though the Jews often adminis- tered it to criminals about to perish, to abate their sensibility to pain and fear. 15. The defenders of strong drink en- deavor to prejudice the inquiry by putting a false issue before the people, and by as- suming an absurd principle of criticism. They write of their own "One-Wine theory " and of our " Two- Wine theory " — language utterly unmeaning and inap- plicable. The real contention is whether the Hebrew words yayin and shekar are generic or specific terms — a question which only an iiduction of the terms as used can ever settle. In England, for ex- ample, corn is a generic term for grain, which, indeed, is the same word modified; in North America it has become specific, meaning Indian corn, not all sorts of grain. If the question were about the quality of a spirit, a wife, a man, a metal or a tree, how would the problem be ad- vanced by a foolish clamor about a " one- spirit " or " two-spirit " theory, a " one- wife " or a " two-wife " theory, etc ? The assumption that what a 'word means in one text it means everywhere else is equally absurd ; for it is of the essence of generic terms to be capable of receiving qualifying adjectives. It is the same kind of fallacy as giving a definition with the differentiation left out. As a matter of fact, we have hundreds of examples of the use, during two thousand years, of the word wine (in Hebrew, Arabic, Syriac, Greek, Latin, French, German, Spanish and English) for the expressed juice of the grape ; and sometimes, in the earliest use, for the grape-fruit in the cluster. 16. The expression, " fruit of the vine," as translated from both the Hebrew and the Greek, was applied to the expressed juice of the grape, but was never originally used, like " corn," for the natural fruit — the grape in the cluster. For that pur- pose a distinct word was employed. In the course of time, through human ig- norance, the phrase under consideration came to be applied to the fermented juice of the grape - also called " wine " — be- cause men did not understand the change effected by fermentation, as few do even to-day. When employed by our Saviour, however, we may surely assume that he did not fall into the errors of the Rabbins who " made the law of none effect," but selected that form of wine which was not only innocent but " good." I close by giving an analysis and con- trast of two things, which may help to illuminate the whole subject: The Solid Constituent Parts of Vine-Fhuit : I. NATURAL JUICE. m..+™ ) These totally van- nil >ish from the fer- *'° m \ mented juice. Albumen Sugar Tanuin .... Tartaric Acid . Potash | These three Sulphur Especially valu- Pbosphorus j able for blood. Constituents op Alco- holic Wine: II. FERMESTED JUICE, 1 Alcohol, 2 Acetic Acid, a OZnanthic-^Ethur, 4 Suc- cinic Acid, 5 Glycerine. Albumen, 6 pts. out of 7 lost Sugar, 4 out of 5 lost. Tannin, 4 out of G lost. Tartaric Acid, 1 out of 3 lost Potash ) Sulphur V One-half less. Phosphorus ) At the top of the left-hand column are the names of two constituents not found in the right-hand column. These are wholly destroyed by fermentation, and the first is the distinctive nutritive constitu- ent of the fruit. At the top of the right- hand column will be seen the names of five constituents not contained in the grape. They are new products generated by the destruction of the gluten, gum and other constituents in both columns. Hence, by a triple process of destruction, addition and abstraction (through fer- mentation) grape-juice loses its essential constituents, and its nutritive character vanishes. In scientific fact, therefore, alcoholic "wine" is not "the fruit of the vine," but an artificial product. F. ,R. Lees. Bible Wines. — 1. Reasons Against the Unfer mented- Wine TJieory. — No onein reading the Bible from Genesis to Revela- tion, without prejudice, would imagine that there were two kinds of wine, intox- icating and the non-intoxicating, men- tioned in the holy book. He would fiud that the same word for wine is used for that which Noah drank to drunkenness, and that which Melchizedek brought Bible Winec] 49 [Bible Wines. forth to Abraham; for that which is called a " mocker," and that which was used as a drink-offering at God's altar; for that which inflames man, and that which makes glad man's heart ; for that which figures God's wrath and man's wickedness, and that which figures our Lord's salvation. (See Gen. 9: 24; 14: 18; Prov. 20: 1; Ex. 29: 40; Isa. 5: 11; Ps. 104 : 15 ; Jer. 25 : 15 ; 5.1 : 7 ; Isa. 55 : 1.) In the New Testament he would find the same thing. The same word in Greek is used for that which Jesus drank and made, and that whose excess is deprecated. In neither Testament is the slightest hint given that there was a difference in these drinks. If there had been a dif- ference we should have found a differ- ence in the word used ; or, at least, if the word was the same we should have found some adjective or explanatory phrase to warn us of the difference. For example, when Paul rebuked the Corinthian Chris- tians for their drunkenness at the Lord's Supper, how easy it would have been for him to say to them : " Drink only the unintoxicating wine." If there had been a difference between wines, as intoxicat- ing and unintoxicating, it was his apos- tolic duty to emphasize that distinction at such a crisis. So again, when the same apostle tells the deacons and old women not to use much wine (1 Tim. 3:8; Tit. 2:3) he must have meant in- toxicating wine, for what reason could he frame for cautioning them not to use much innocuous juice ? He did not ap- pear to know that there was a non-intox- icating wine. He advises Timothy (not as a physician, but as a friend) to use a " little," and warns against its excessive use. (1 Tim. 5: 23; Eph. 5: 18; comp. 1 Pet. 4 : 3.) The little and the excess evidently refer to the same liquid. That "fruit of the vine," in the ac- counts of our Lord's Supper (Matt. 26:29; Mark 14 : 25 ; Luke 22 : 18), is the same as wine, and only means the wine used at the time, is evident to anyone who knows that the phrase " fruit of the vine " was the Jewish formula for wine at the Pas- chal feast? The Jews mingled water with the wine at the Passover to avoid drunk- enness, and the blessing said over it was, " Blessed be he that created the fruit of the vine." Our Saviour simply used the Paschal term for intoxicating wine. (See Lightfoot on Matt. 26 : 29.) Herodotus uses the same phrase, "fruit of thevine,' ; for intoxicating wine. He represents queen Tomyris assaying to Cyrus: " Be not elated . . . that by the fruit of the vine with which, when filled with it, ye so rave," etc. (Herod. 1 :212). The Greek fathers, who certainly knew what "fruit of the vine" meant, always speak of our Saviour using wine at the Supper. Wine is grape-juice fermented. Grape- juice, left to itself, will ferment. To pre- vent fermentation and keep its juice there is need of elaborate restrictive pro- cesses, and they are these that Pliny and Columella refer to, but nowhere do these and other ancient authors refer to these preserved juices as the wine of commerce and the country. They are extraordinary productions, while wine, intoxicating wine, is the only thing known by the name in the ancient poets and essayists. To prove this by quotation would be to write a book of quotations from scores of writers. And what is true of the ancient heathen writers is true of the early Chris- tian fathers. AVe find not the slightest hint of two kinds of wine, the intoxica- ting and the non-intoxicating, in any of them. Clement of Alexandria, who is especially quoted by those who would sustain the two-wine theory, warns the young not to use wine, but never sug- gests an unintoxicating kind. He says of the one kind, which alone he knows : " Toward evening, about supper-time, wine may be used. But we must not go on to intemperate potations." (Clem. Alex. Peed. 2 : 2.) If preserved grape- juice were a common thing in his day, why did not this Christian father urge this as a substitute for intoxicating wine ? In all the poets of Greece and Rome, such as Anacreon and Horace, we find wine constantly mentioned as an intoxi- cating drink, if taken to excess. No one in reading these classics would ever sus- pect there were two kinds of wine, the intoxicating and unintoxicating. We cannot prove a negative by quotations. We declare that no ancient author hints even at two kinds of wine, the intoxica- ting and unintoxicating, as the ordi- nary wine drunk by the people, and it is for the two-wine advocates to prove their position by a single honest quotation. There have been plenty of twisted quo- tations unfairly used, but not one hon- Bible Wines.] 50 [Bible Wines. estly quoted with its context that sus- tains the two-wine theory. The extraor- dinary preservation of must has been used for the ordinary making of wine. Now must stands to wine just as dough stands to bread ; and must may be called wine just as dough may be called bread. One may loosely say to the baker, " Put your bread into the oven " before it is actually bread ; and so one may say, " Do not touch my wine," to one who is med- dling with the must before it becomes wine. So, also, poetically, one may say, " My vineyard bears the repaying wine;" just as another poet says, " My ship was then the growing trees of the forest." But to suppose that the poet meant the grapes were wine is as wise as to suppose he meant that the growing trees were a ship. We must use common sense in our interpretations. These anticipatory or poetical uses of the word " wine " are found in all writers, but no argument can be founded on their literal truth. The two-wine theory is a modern affair. It began in our own century with a few excellent men who longed to meet the intemperance of the day with a new argu- ment, and who said that the ordinary in- terpretation of the word " wine " in the Bible was an obstacle to the theory and practice of total abstinence. They hon- estly thought that they detected a differ- ence in terms and expressions both in the Hebrew and the Greek, on which they could base their theory. Two or three prominent names, of the highest charac- ter and of good scholarship for that day, gave currency to the theory among the less learned philanthropists, who saw no way of escape from the curse of intem- perance but by the total denunciation of wine. The temperance literature at once gave wide circulation to this error, and now there are thousands and tens of thousands who firmly believe that both the Bible and the ancient writers gen- erally recognize two kinds of wine, one intoxicating and the other unintoxicat- ing ; one to be condemned and the other to be praised. A mighty stream of sen- timent has flowed from this little begin- ning, and its prevalence tends to sub- stantiate it. Many sound and strong minds, who have not personally examined the question, give in their adherence to the utterly unfounded theory. This is the way of an error that becomes inveterate. We hazard nothing in saying that the present scholarship of the world repudi- ates the theory in toto. Etymologically, historically and scientifically, the theory is condemned by every scholar who has given his thought and study to it in late years. In a brief article like this it is impossible to take up each department and show the processes and results of careful observation The onus probandi belongs to those who assert the theory, which was never heard of until this cen- tury. We have examined scores of books that advocate the theory, and have yet to find the first evidence of its truth. It is purely an invention, honestly prompted in minds to which the w.sh was father to the thought, and naturally grasped by the earnest advocates of total abstinence. We do not wonder at the zeal of such men and women. It is most laudable. A mind that can unmoved see the dread- ful evils of intemperance is an unenvia- ble one. Every lover of his race should be most earnest to meet the usages that are destroying both body and soul with such appalling power. We cannot but commend the energy of all who are en- listed to extirpate the baleful influence of the saloon. And yet we should be careful in the warfare to use no improper weapons and to wield no untruth which will only react against us and stop the progress of reform. The two-wine the- ory, by reason of its baselessness, is, as promulgated, only an advantage to the enemy, who, by overthrowing one weak defense, will impress the public mind that they have conquered in the main strife. If we are to make steady progress we must adhere to truth, and declare wine an evil only in its excessive use; and standing by and with God's word, and by and with the human conscience, too, denounce and hinder excess in every legitimate way. Man's wisdom cannot take the place of God's wisdom. Howakd Crosby. 2. Reasons for the Unfermented-Wme Theory.— The study of ttible wines re- quires notice of their historic mention, the sources of knowledge as to their na- ture, the methods of their preparation, and their uses as beverages and medicines, and in religious rites. The word " wine" occurs in the English translation of the Old Testament about 200 times, and in Bible Wines.] 51 [Bible Wines. the New Testament about 40 times. Its special nature is to the English reader indicated by associated terms which either directly or indirectly explain its charac- ter. Thus, the special terms "new" oc- curring 18 times and "sweet" 3 times, its association as a fresh product of the field 25 times with "corn" and 29 times with "oil," as also its issuing from the "press" mentioned about 20 times, indi- cate to the ordinary reader that its nature is to be inferred from these associated statements. Turning to the inspired Hebrew of the Old Testa- ment and to the inspired Greek of the New Testament, the specific meanings of the several terms used, as explained by translators, lexicographers and commen- tators in successive ages, make specially apparent what the ordinary reader has imperfectly recognized. In the Hebrew Old Testament no less than ten distinct terms are translated by the word "wine;" only two of which re- quire special attention. The eight less important terms, in the order of the lexi- con, are the following : The word mhisliah, rendered " flagon," used four times,- re- fers doubtless to dried grapes or raisins pressed into cakes. The passages are, 2 Sam. 6: 19; 1 Chron. 16: 3; Cant. 2: 5, and Hos. 3 : 1; all of which Fuerst, the latest and ablest in archaeology of Hebrew lexicographers, thus interprets, citing as authority both the Greek translation of the LXX and the Talmud. The term clmmra, Chaldee, used six times by Ezra and Daniel in Babylonia (namely, Ezra 6:9; 7 : 22 ; Dan. 5 : 1, 2, 4, 23), and its cognate Hebrew cliemar, used three times, once each by Moses (Deut. 32 : 14), David (Ps. 75 : 8) and Isaiah (Isa. 27 : 2), refers unquestionably, as do its cognate Syriac cliamro and Arabic chemer now constantly used, to intoxicating wines. The term ya- qneb, meaning wine-press, used 16 times, indicates fresh grape-juice issuing from the press. (See Num. 18 : 27, 30 ; Deut. 15 : 14; 16: 13; Judges 7: 25; 2 Kings 6: 27; Job 24: 11; Prov. 3: 10; Isa. 5: 2; 16:10; Jer. 48: 33; Hos. 9:22; Joel 2:24; 3: 13; Hag. 2: 16; Zech. 14: 10.) The term mimesak, only twice used (Prov. 23: 30; Isa. 65 : 11), rendered "mixed wine," in- dicates a wine made pungent in taste by spices. The word soba, three times used (Isa. 1: 22; Hos. 4: 18; Nah. 1: 10), rendered "wine," "drink" and "drunken" and described in Isa. 1: 22 as mixed with water, as the Latin and other trans- lations indicate, is a syrup made of fresh grape-juice, like those used in making effervescing drinks, and common among Mohammedans as the drink called " sher- bet." The word anab, meaning " grape- cluster," used 18 times, once only trans- lated " wine " (Hos. 3 : 1), brings to notice the fresh juice yet in the cluster. (See Gen. 40: 10, 11; 49: 11; Lev. 25: 5 Num. 6:3; 13: 20,23; Deut. 23: 24; 32 14, 32; Neh. 13: 15; Isa. 5: 2, 4; Jer. 8 13; Hos. 3: 1; 9: 10; Amos 9: 13.) The term asis, used five times, rendered " sweet wine" (Isa. 49 : 26, and Amos 9 : 13), "new wine" (Joel 1: 5, and 3: 18), and "juice" (Cant. 8:2), derived from asas meaning to " press," indicates the fresh juice oozing from the fruit. The word sliemarim, met five times (Ps. 75:8; Isa. 25 : 6 ; Jer. 48 : 11 ; Zeph. 1 : 12), ren- dered "dregs," "lees," and "wine on the lees," indicates manifestly the juice in the wine-vat before it is drawn off to be stored. To these eight terms rendered " wine " in the English version of the Old Testa- ment, must be added three others indicat- ing products of the grape; which, with the preceding, present the succession of products in ancient and modern times — two yet to be considered excepted — de- rived from the grape referred to in Old Testament history and precept, poetry and prophecy. The word debsh is met 54 times. (See Gen. 43: 11; Ex. 3:8, 17 13:5; 16 : 31 ; 33 : 3 ; Lev. 2 : 11 ; 20 : 24 Num. 13: 27; 14: 8; 16: 13, 14; Deut 6: 3; 8: 8; 11: 9; 26: 9, 15; 27: 3; 31 20; 32: 13; Josh. 5:6; Judges 14-8, 9 18; 1 Sam. 14: 25, 26, 27, 29, 43; 2 Sam 17:29; 1 Kings 14:3; 2 Kings 18 : 32 2 Chron. 31: 5; Job 20: 17; Ps. 19: 10 81: 16; 119: 103; Prov. 16: 24; 24: 13 25:16, 27; Cant. 4: 11; 5:1; Isa. 7: 15 22; Jer. 11:5; 32:22; 41:8; Ezek. 3 : 3 16: 13, 19; 20: 6, 15; 27: 17.) Its abund- ance in the early history of Israel, and its apparent supplanting, at least as a bever- age, by tirosh in Nehemiah's age, is signif- icant. It is rendered " honey," and is in all instances except one, the modern Ara- bic dibs, a sauce of stewed grapes with or without the skins, though usually strained juice — the same juice in Judges 14: 8, 9, 18 being, as now on all the shores of the Mediterranean, extracted by the bee in- stead of man. Bible Wines.] 52 [Bible Wines. The term shekar, strong drink, as indi- cated specially by the Greek translation of the Old Testament made two and a half centuries before Christ and quoted by Him and His Apostles, was a highly intoxica- ting wine. It is alluded to 23 times in the Old Testament. (See Lev. 9: 10; Num. 6: 3; 28: 7; Deut. 14: 20; 29: 6; Judg. 13: 4, 7, 14; 1 Sam. 1: 15; Ps. 69: 12; Prov. 20: 1; 31: 4, 6; Isa. 5: 11, 22; 24: .' ; 28: 7; 29: 9; 56: 12; Mic. 2: 11.) The corresponding verb shakar is used 19 times. (Gen. 9:21; 43: 34; Deut. 32: 42; 1 Sam. 1: 14; 2 Sam. 11: 13; Cant. 5: 1; Isa. 29: 9; 49: 26; 51: 21; 63: 6; Jer. 25: 27; 51: 7, 21, 39, 57; Lam. 4: 21; Nah. 3: 11; Hab. 2: 15; Hag. 1: 6.) It is rendered " drunken," except in Cant. 5 : 1, where it is rendered correctly, as the connection shows, " drink abundantly " — a meaning confirmed by the figurative use in Deut. 32 : 42. Shekar or sikera in Greek is found only once (Luke 1 : 15) in the New Testament citation from the Old Testament. The term chomets, derived from the verb chamets, meaning " to leaven," refers to and is rendered "vinegar" — Erench via gar or sour wine —which is the ulti- mate product of the grape when the alco- hol of transient ferment is transformed into acetic acid. It is found five times. (Num. 6:3; Kuth 2: 14; Psa. 69: 21; Prov. 10 : 26 ; 25 : 20.) The verb chamets is found eight times, and is rendered literally "leavened" in Ex. 12:19, 20, 34, 39, and Hos. 7 : 4, but is figuratively rendered "cruel" in Psa. 71: 4, and. "grieved" in Psa. 73: 21— mental agita- tion acting like leaven-while it is rendered "dyed" in Isa. 63: 1, since the grape- juice exposed to the air soon becomes acetic acid or vinegar. The noun chamets, found ten times, is rendered "leavened bread" in Ex. 12: 15; 13: 3, 7; 23: 18; Lev. 7: 13; Deut. 16: 3; and "leaven" in Ex.34: 25; Lev. 2: 11; 6:17; 23:17; Amos 4: 5, this latter meaning justifying the conclusion that fermented wine as well as bread was excluded from the He- brew festivals. The two terms on which the interpre- tation of the important laws and precepts of the Old Testament as to the use of wine turns, both as a beverage and at re- ligious festivals, are tirosh and yayin. Tirosh is used 38 times. (See Gen. 27: 28, 37; Num. 18: 12; Deut. 7: 13; 11: 14; 12: 17; 14: 23; 18: 4; 28: 51; 33: 28; Judg. 9: 13; 2 Kings 18: 32; 2 Chron.31:5; 32:28; Men. 5:11; 10:37, 39; 13:5,12; Ps. 4:7; Prov. 3:10; Isa. 24: 7; 36: 17; 62: 8; 65:8; Jer. 31:12; Hos. 2:8,9,22; 4:11; 7: 14; 9: 2; Joel 1: 10; 2: 19,24; Mic. 6:15; Hag. 1:11; Zech. 9: 17.) Tirosh is first mentioned by the En- glish word "wine" in Isaac's blessing, Gen. 27: 28, 37; it occurs throughout the en- tire history of Israel, and is specially prom- inent at two eras when Israel reached Canaan, in Nehemiah and in the prophets from Isaiah to Zechariah. The entire his- tory of translations, of renderings by lexi- cographers and of Hebrew and Oriental Christian commentators, confirms the be- lief that tirosh is unfermented wine. Fuerst, the latest and best archaeological lexicographer, renders it ungegorener ivein, " unfermented wine." This was prepared, as representations to the life on Egyptian tomb-walls indicate, by drawing off from the top of the vat through a strainer, or in a twisted sack, the sweet watery juice of the grapes, dipping it at once into oiled, jars, and covering it with a film of olive oil — a method now revived and em- ployed by New York importers from Italy' and Spain. This method was tested in February, 1881, at the Columbia Col- lege School of Mines, New York, when strained grape-juice put up in a glass phial covered with olive oil in October, 1879, was found not to have the least trace of alcoholic fermentation. The only excep- tion urged in modern discussion has been based on the interpretation of tirosh in the Greek translation of Hos. 9:11 by the word methusma, and the translation in the Latin Vulgate of methusma by ebrietas, or partial intoxication. This objection is removed by the statement of Stephanus in his Greek Thesaurus, issued at Paris, 1575. Stephanus, though aEoman Catho- lic scholar, correcting this translation, thus declares: "Methusma ebrietas qui- dem reddihir in VVLL; sed ahs/ue iillo exnnplo aut nomine auctoris -Mi us ■ a is indeed rendered in ancient versions by ebrietas, but without any example or the name of an authority." The other mainly important Hebrew term for wine is yayin, used no less than 141 times. (See Gen. 9: 21, 24; 14-18- 19: 32, 33, 34, 35; 27: 25; 49: 11, 12; Ex. 29: 40; Lev. 10: 9; 23: 13; Num. 6: Bible Wines.] 53 [Bible Wines. 3, 4, 20; 15: 5, 7, 10; 28: 14; Dent. 14: 26; 28: 39; 29: 6; 32: 33, 38; Josh. 9: 4, 13; Judg. 13: 4, 7, 14; 19: 19; 1 Sam. 1: 14, 15, 24; 10: 3; 16: 20; 25: 18, 37; 2 Sam. 13: 28; 16: 1, 2; 1 Chron. 9: 29; 12: 40; 27: 27; 2 Chron. 2: 10, 15; 11: 11; Neh. 2: 1; 5:15,18; 13:15; Esther 1:7,10; 5:6; 7:2,7,8; Job. 1:13, 18; 32: 19; Ps. 60: 3; 75: 8; 78: 65; 104: 15; Prov. 4: 17; 9:2, 5; 20: 1; 21: 17; 23:20,30,31; 31:4,6; Eccl. 2: 3; 9:7 10: 19; Cant. 1:2, 4; 2:4; 4:10; 5:1; 7:9; 8:2; Isa. 5: 11, 12, 22; 16:10; 23: 13; 24:9,11; 28:1,7; 29:9; 51: 21; 55: 1; 56: 12; Jer. 13: 12; 23: 9; 25: 15; 35: 2, 5, 6, 8, 14; 40: 10, 12; 48: 33; 51: 7; Lam. 2: 12; Ezek. 27: 18; 44: 21; Dan. 1:5,8,16; 10:3; Hos. 4:11; 7:5; 9:4; 14: 7; Joel 1: 5; 3:3; Amos. 2:8, 12; 5: 11; 6:6; 9: 14; Mic.2: 11; 6:15; Hab. 2: 5; Zeph. 1: 13; Hag. 2: 12; Zech. 9: 15; 10: 7.) _ Yayin, in fact, like "wine" in English, is the generic term covering all kinds of wine, whose varieties are indi- cated specially in the age of Solomon and in his three inspired books. As all lexi- cographers allow, yayin is cognate with Greek oinos, Latin vinum, Italian and Spanish vino, French vin, German ivein and English " wine." The proofs that yayin was a term cov- ering all kinds of wine are these : First, It is not found in any of the languages of the Hebrew or Semitic family, — ancient Chaldee, Aramaean or modern Syriac and Arabic. Second, The family of Abraham in Canaan were brought into contact with Phoenecian and Egyptian trade, carried on with all the nations bordering on the Mediterranean from Greece westward ; so that yayin was introduced among the I Hebrews alone of the Semitic family, alike in the days of Abraham, of Moses, of Solomon and of Joel ; and Joel, 800 years before Christ and only 700 years after Moses, alludes (3 : 6) to commerce with the " Grecians " as an ancient traffic. Third, The term yayin manifestly in- cludes tirosli, as a single palpable instance proves. In Num. 18: 12 Moses ordains that offerings for the use of the Levites and Tabernacle service shall be in quality of clieleb tirosli, or fresh unfermented wine; the word cheleb being now used by Arab servants in asking for " fresh " milk, meat or any perishable article of food. Again, in Num. 28 : 14, where the quantity, not the quality of the drink is made prom- inent, it is said that it shall be " half a hin of yayin." Every jurist interpreting this book of law, as many like Grotius in ages past have done, would rule that the specific statute as to quality cannot be set aside by the general statute as to quantity. The accumulated proofs that yayin is not restricted to intoxicating wine, but that, like its cognate terms oinos, vinum, vino, vin. tuein, and wine, in all ancient and modern languages, it is used for wines of every character, is made demonstrable in this example. That yayin, in the follow- ing passages, does not refer to intoxica- ting wine, but as in Num. 28: 14 to an unintoxicating product of the grape, is shown by the context, by the associated history and by the testimony of the ablest commentators in successive ages. The wine of Gen. 14: 18 cannot be that of 9: 21, this incident being regarded as pre- figuring the Passover and Lord's Supper. The washing of garments in yayin, Gen. 49: 11, is parallel to the use of chametsin Isa. 63: 1. The association of yayin with fresh products of the field (as in 1 Chron. 9: 29; 12:40; 27: 27; 2 Chron. 2: 15; Neh. 13: 15; Jer. 40: 10, 12; Lam. 2: 12; Hag. 2 : 12) has always attested to Hebrew and Christian scholars a fresh product of the grape. The store of " all sorts of yayin" (Neh. 5 : 18) is a declaration as palpable in Hebrew as in Italian, French or English, that yayin covers every va- riety of wine. The terms used with yayin (Psa. 104 : 15), as well as its association with oil and bread, have led both Hebrew and Christian commentators to the assur- ance that an unintoxicating wine is re- ferred to. The purity of the youthful affection pictured in Canticles, the poem of Solomon's true, early love, the country life pictured among vineyards, as well as laws of interpretation, have restrained in all ages the thought that intoxicating wine is referred to in the mention of yayin seven times in this " Song of Songs which is Solomon's." The heaven-wide contrast between yayin in Isa. 55 : 1 and in 28 : 1; 56: 12, has never permitted any interpreter to regard the wine referred to as the same. The failing of yayin (Jer. 48: 33) is cer- tainly the failing of the harvest of grape- clusters. The yayin which Daniel re- fused (1: 5, 8) certainly is not the yayin which he drank as an ordinary beverage (10: 8) except during his fast. In the English version of the New Tes- Bible Wines.] 54 [Bible Wines. tament, the term " wine " occurs 44 times — 21 times unassociated, ten times with "new," twice with "good," three times with "oil," five times with "press,*' once with " fat" or " vat," twice in the com- pound word " wine-bibber," and once in "excess of wine." The Greek term for wine, with a single exception, in all cases used in the inspired New Testament, is oinos ; this term covering, as do all its cognate terms in other languages, every variety of wine. It occurs uncompounded 33 times ; eight times associated with neos, "new," and twice with kalos, rendered " good ; " once associated with lenos, "press; " also three times in compounds, in oinopotes (" wine-bibber "), and once in oinophlugia ("excess of wine"). In the English version the term rendered " new wine" (Acts 2: 13) is gleukos, or a drink grape-syrup; the term lenon, rendered "wine-press," has the Greek oinon only in Rev. 19: 15; and the term rendered "wine-vat" (Mark 12: 1) is hypolenion. The fact that oinos covers every variety of wine is demonstrated: First, from usage in classic Greek ; second, from the Greek translation used by Christ and his apostles, in which tirosh, which had no intoxicating element, is generally rendered by oinos; third, from Latin terms used in allusion to unfermented wines described by Roman writers from Cato (B. C. 200) to Pliny (A. D. 100) ; fourth, from the usage of Mark, who, writing for Romans familiar with their own unfermented wines, calls the beverage offered to Christ when nailed to the cross oinos (15: 23), while Matthew uses the term oxos, still called in French vin-gar, sour wine; though in vinegar, the last natural and divinely-ordered product of grape-juice, the alcohol developed in the temporary process of fermentation is converted into acetic acid. The application of these attested facts and principles to the divine precepts con- cerning wine used as a beverage, as a medi- cine and as a symbol in religious rites, may be concisely stated. (1) The error of Noah (Gen. 9: 20-27) and its influence on his three sons is universally traced by Hebrew and early Christian writers in Palestine and the East to the specially significant statement of Moses, in har- mony with all his history from Eden to Egypt — " Noah began to be a husband- man; " inexperience, guarded by no such express command like that given to Adam the first head of the human race, being the natural and excusable cause of the fall of the second head of the human race. (2) The second stage in this history of Moses, "learned in all the wisdom of Egypt," has led to statements from an- cient Hebrew and Christian equally well attested, that in the age when unfermented wine, known to Moses in Egypt, had re- ceived the specific name tirosh used by Isaac (Gen. 27: 28, 37) it was also the yayin brought forth by Melchizedek to Abraham (Gen. 15: 18) ; the same writers seeing in this a precursor of the Passover and Lord's Supper provision. (3) The fall of Lot through the temptation of his erring daughters, recognized as parallel to that of Eve (Gen. 19: 34, 35), is as univer- sally attested to have been the point of contrast between two kinds of wine, since the " vine " is not affected on the hills of Sodom by other causes than in the neigh- boring valley of Eshcol (Deut. 32: 32, 33, 38), one kind being used by pure men like Melchizedek, and an opposite kind by the debauched in Sodom. (4) The life of Joseph in Egypt brings out the fact, before his day inscribed on the tomb- walls of Egypt, with whose scenes in real life Moses was familiar when he wrote of the fresh grape-cluster pressed into Pha- raoh's cup (Gen. 40: 11, 13). (5) It is significant that when the second Passover was observed at Mt. Sinai (Num. 9: 5) it was in accord with the prospective direc- tion that it was to be annually observed only when they came into the Land of Promise (Ex. 12: 24-27; Lev. 23: 9-14); that at the second observance the people had still stores brought out of Egypt (Ex. 12: 36; Lev. 7: 1-80; 9:3), after which no Passover was or could be observed till they had entered into the land of wheat and of the vine (Josh. 5 : 10, 11). (6) It is yet more significant that imme- diately preceding the observance of this second Passover, the law for the Nazarites, who never drank intoxicating wine, as did not the Egyptian priests with whom they had been associated for generations, is given ; that law exempting them from the extreme vow of tasting nothing made from the grape, though in the days of Samson, of Samuel, of Elijah, of Jere- miah, of Daniel and of devout Jews after Christ's coming, abstinence from intoxi- cating wine was required. (Num. 6 : 3, 4, Bible Wines.] 55 [Bible Wines. 13; Judg. 13: 4, 7, 14; 1 Sam. 1: 11, 15; Jer. 35: 1, 19; Dan. 1: 8; 10: 3; Luke 1: 15; Acts 21: 24-26.) (7) It is yet more to be carefully and conscientiously noted, that it was directly after this law for the Nazarites, and when these gifts from re- served stores for the second Passover were exhausted, that the spies entered Canaan and brought from Eshcol the clustered grapes; on which palpable occasion the special law as to the quality of wine offer- ings, now indicated as possible when they should come into that land of the vine, was written ; soon after which the general statute as to quantity was, in the same connection, added by Moses (Num. 13: 23, 24; 18: 12; 28: 14). That law as to the quality of wine-offering to be brought, for the priests' use as well as for the public festivals, requires that it be cheleb tirosh; the English, like other versions, making the word chele'i an adjective, as does Fuerst in his Lexicon; cheleb in modern Arabic meaning "fresh" as applied to milk, etc. A clear light is thus, by this meaning of yayin, cast on the writings of David, Solomon and the prophets, who con- demned always the use of intoxicating wine and commended the simple " cup " of the country laborers, which was the fresh grape-juice now pressed into the " overrunning cup " in Southern France, Spain, and Italy, and also brought now fresh and unfermented from Mediterra- nean ports to New York. The reader has only to contrast the statements of the same writers to see this truth demonstrat- ed, comparing Psalm 75: 8 with 23: 5 and 104: 15; again Prov. 20: 1 and 23: 29, 31 with -Cant. 5; 1 and 7: 9; again, Dan. 1 : 5 with 10: 3 ; again, Neh. 2 : 1 with 5 : 18 and 13:15; a contrast which the wayfaring man sees, and, if pure in heart, he heeds. There is but one plain allusion in the Old Testament to wine used as a medicine (Prov. 31 :6), and this is in perfect accord with the laws of the priests of Egypt and of India, with both of which Solomon had commerce ; intoxicating wine being used only, as afterwards among the Greeks and Eomans, to produce stupe- faction and rest to the nerves in acute pain, as in strangury, and as an anaes- thetic in surgical operations, when dead- ness to sensibility was necessary. In the New Testament it is inconceivable that Jesus should, in example and precept, have been behind the law of Greeks and of Eoman moralists in his use and teach- ings as to intoxicating wine ; as it is in- conceivable that he should have appoint- ed for his Supper a wine that would have excluded from his church his chosen forerunner. The five incidents of Christ's life and teachings, which attest Christ's law as to wines, are among the clearest in the New Testament, being especially explained by Christian writers from the 2d to the 6 th centuries. First, The wine which He made for the wed- ding (Jno. 2 . 10) is by divine guidance ruling the writer John, as well as in the statement of the governor of the feast, which John heard, designated as kalon. The same word is distinctively applied by Christ to fruit (Matt. 7:16, 20); Jesus with manifest design using the term agathon, " permanently good," as applied to the tree, but the word kalon, " beauti- ful," for the fruit, which is good only when fresh and unaffected by decay. The inspired disciples of Jesus, therefore, manifestly recognized that as fruit-juice unexpressed, so fruit-juice expressed is good only when fresh. Second, The " new wine " preserved in " new bottles " (Matt. 9 : 17 and Mark 2 : 22), in which the term " new " is necessarily added to both wine and bottles for the contrast, is an attestation of the existence and use of oiled-skin bottles, as Origen states; which oiled skins preserved wine from ferment. Third, The charge that Jesus was a "wine-bibber" (Matt. 11: 19 and Luke 7: 34) is united with three other charges, recognized as calumnies, namely, tiiat he was "gluttonous," "avaricious" and " licentious ; " calumnies revived by Mar- cion, the apostate, in the 2d century, and from that day in every age fully an- swered. Fourth, The provision for the communion of the Lord's Supper is never alluded to as "wine," but as the "cup," both of the Hebrew Passover and of Christian communion. It is significantly designated as the " fruit of the vine," figuratively and literally "new," to be drunk in Christ's coming kingdom ; all of which statements are declared by early Christian writers as making it clear that the unfermented wine of the Passover is to be that of the communion (Matt. 26:27,29; Mark 14:23, 25 and Luke 22 : 17, 18, 20) ; whose special significance, Black, James.] 56 [Black, James. as the early Christian writers note, is emphasized by Christ's allusion to himself as the " vine " (John 15 : 1), from which the pure " fruit of the vine," alike in the cup and its symbol, flows for man. Fifth, The refusal by Christ of a palliative at the commencement of his agony on the cross, and its reception only when he was expiring, to which is added the statement that this palliative called oinos, "wine," by Mark, was oxos, " vinegar," as stated by Matthew and John, who were eye- witnesses. These cumulative and com- bined statements have in all ages led to the recognition of this double fact : (1) that the wine Christ drank in life was the pure fruit of the vine ; and (2) that even the unintoxicating palliative was refused that his suffering might be perfect. There are only two allusions to wine in the apostolic writings requiring notice. The first is Paul's allusion to the Corin- thian feast made to precede the Lord's Supper (1 Cor. 11:21-26), in which the term wine is not used, while the Greek term methao, in English rendered "drunken," is opposed to "hungry," referring to the food, not to the drink provided ; and it means simply " gorged." The second noteworthy allusion is to medicinal wine (1 Tim. 5 : 23) ; which wine, as Greek medical writers from Hip- pocrates to Galen state, and as French medical writers now note, was made from fresh unfermented juice of the grape. G. W. Samson. Black, James, the first candidate of the Prohibition party for President of the United States. He was born in Lewis- burg, Pa., Sept. 23, 1823. He lived upon a farm until 12 years of age, occasionally working as a canal-driver during the summer months. Removing with his parents to Lancaster, Pa., in 1836, he found employment in a sawmill and earned enough to engage a private teacher to give him instruction during the winter. Two years later he entered the Lancaster High School. In 1839, at the age of 16, he joined an engineer corps at work upon the Susquehanna and Tide-Water Canal, and his savings ena- bled him in 1841 to enter the Lewisburg Academy, which he attended for three years. In 1844 he began the study of the law, and in 1846 was admitted to practice at the bar in Lancaster, where he has since resided. His success in his profes- sion and in other pursuits has placed him in comfortable circumstances. When a lad of 16 years he was associated with drinking engineers. He was once intox- icated, but that experience was sufficient to make him a total abstainer for the remainder of his life, and a radical tem- perance worker. In 1840 he joined the Washingtonians, the first temperance organization in his neighborhood. In 1846 he helped to institute a division of the Sons of Temperance." Prominent in the " Maine law " Prohibitory movement of 1852 in Pennsylvania, Mr. Black was that year elected Chairman of the Lan- caster County Prohibition Committee by a convention of men determined to carry the temperance question into politics and secure a State Prohibitory law like Maine's. A temperance legislative ticket having been nominated, Mr. Black, a few days later, made his first public Prohibi- tion speech. It was largely due to Mr. Black's personal efforts that the Maine law movement became popular in Lan- caster County and resulted, in 1855, in the election of two of the five temperance legislative candidates. Besides making speeches and writing for the cause, Mr. Black sometimes contributed as much as $500 yearly to it. The Anti-Slavery agitation about this time, and the Civil War a little later, in- terrupted the temperance work and en- gaged the attention and interest of Mr. Black. He aided in organizing the Re- publican party in Pennsylvania, and was a delegate to the first National Conven- ton of that party in 1856. He was a Re- publican in politics until the formation at Chicago in September, 1869, of the National Prohibition party. He was chosen Permanent President of this body. At the new party's Columbus (0.) Con- vention, in February, 1872, Mr. Black was nominated as its candidate for Pres- ident of the United States, and in the election that followed he received 5,608 votes. For the four years from 1876 to 1880 he was Chairman of the National Committee of the Prohibition party. He has also been an active temperance worker outside strict party lines. He was one of the founders of the National Temperance Society and Publication House. In a paper read in a National Convention held at Saratoga, in 1865, he Blue Kibbon Movements.] 57 [Brewing. presented the plan of this society, and he afterwards prepared its charter, constitu- tion, by-laws, rules of publication, etc., and was Chairman of the Committee appointed to secure a capital of $100,000 as a basis of operations. Having identi- fied himself with the Good Templars in 1858, two years later Mr. Black was elected Grand Worthy Chief Templar of Pennsylvania, a position which he held for four successive years. In 1864 he prepared and presented to President Lin- coln a memorial for the abolition of the whiskey rations in the United States army. Mr. Black's ''Cider Tract "caused the Good Templars to declare against the use of cider as a beverage. Prominent as a layman in the Methodist Episcopal Church, he was one of the 26 who^in 1869 organized the Ocean Grove Camp Meet- ing Association, under whose auspices one of the most delightful seaside resorts of the country is conducted. Mr. Black owns probably the largest collection of temperance literature con- tained in any private library in the world, about 1,200 volumes being included in it. Among tbe works published by him are a pamphlet entitled, " Is there a Neces- sity for a Prohibition Party?" (1875); "Brief History of Prohibition" (1880), and " History of the Prohibition Party " (1885). Blue Ribbon Movements. — A dis- tinguishing feature of many of the move- ments for the reformation of drinking men has been the bit of ribbon, generally blue or red, worn by the reformed men and others interested. The red ribbon was adopted by Dr. Henry A. Eeynolds, Sept. 10, 1874, as the badge of the Ban- gor (Me.) Eeform Club, which he organ- ized at that time, and which, consisting of reformed drinking men, was the first club of its kind ever formed. Through- out the remarkable pledge-signing cam- paigns that followed in Massachusetts, Connecticut, New Hampshire, Rhode Is- land, Mighigan, Illinois and other States, Dr. Reynolds made the red ribbon the sign of membership in the clubs he start- ed, and they came to be known as Red Ribbon Reform Clubs. The white ribbon was adopted by Dr. Reynolds in connec- tion with the red, the former to be worn by women and by young men under 18. The white ribbon is also worn by all ladies of the Woman's Christian Temperance Union. But the blue ribbon has been associated with temperance reform move- ments more extensively than any other badge. It was adopted by Francis Mur- phy, and has been donned by very many thousands in this country whom he has 'nduced to sign the pledge. The idea was borrowed in England. On Feb. 10, 1878, a conference of tem- perance workers was held in London and a total abstinence campaign was deter- mined on. A central mission was to be established in London with town organ- izations in the provinces as the work spread. The blue ribbon was chosen, and the "Blue Ribbon Army" was adopted as the name of the organization. Mr. William Noble, who took a promi- nent part in the inauguration of this work, had recently returned from a visit to the United States, where he had seen something of the methods employed in the Murphy and Reynolds movements. Pledge-cards were issued and scattered throughout the British Empire, and du- ring the years since they have been trans- lated into several languages, and have found their way into various countries of Europe, into Africa and the Sandwich Islands. More than 1,000,000 pledges have been officially issued, in addition to the pledges issued by independent work- ers co-operating with the movement. A change in the name from " Blue Ribbon Army" to "Blue Ribbon Gospel Tem- perance Movement " has been made, and several branch organizations, such as the "Help-Myself Society "among men, and the " Help-One- Another Society " among women, have grown out of the original movement. 1 Brandy.— See Spirituous Liquors. Brewing. — The process of changing grains or fruits to fermented liquor. It has been known and practised from very early times. The process of brewing beer involves two chief operations : 1. Producing the Malt. — This includes four successive steps: (1) Steeping the grain in water for two or three days, to swell and soften it. (2) Couching or throwing swollen grain into a large heap where, in one or two days, it will sweat 1 The editor is indebted to Mr. William Noble for par- ticulars of the Blue Ribbon work in Great Britain. Briggs, George N.] 58 [Brcoks, John Anderson. and begin to germinate. (3) Flooring, or spreading it to an even depth of 12 to 16 inches, to favor more rapid germina- tion. It is sometimes stirred with shovels and spread over a wider surface, to pre- vent unequal heating and too rapid growth. This stage requires two or three weeks. (4) Kiln-drying, or spreading it from 4 to 10 inches thick on a stone or metallic floor, perforated and made so hot as to kill the grain-germ and check fur- ther growth. The starch has now been changed to sugar. The process is called " malting," and the grain is called " malt." 2. Brewing the Malt. — Six distinct operations are involved: (1) Crushing the malt between two iron cylinders. (2) Mashing, or mixing the crushed material with warm water, to extract the saccha- rine matter. The mixture is now called " sweet wort." (3) Boiling the wort with hops, the object being to convert any residuary starch into sugar, and to ex- tract from the hops certain elements which give the liquor a bitter flavor and tend to preserve it. (4) Cooling the wort, which must be done very rapidly to prevent acidity. (5) Fermenting the liquid, drawn off into vats of various kinds, and kept at a temperature of 60° to 70° F. To produce fermentation, from 1 to 1£ per cent, of yeast is added. (6) Clearing and storing. Impurities are carried off through an orifice left at the top for that purpose. The resulting liquid is beer, ready now to be stored in oaken barrels. Briggs, George N. — Born in Adams, Mass., April 13, 1796; died Sept. 12, 1861. He was of humble parentage, and in his youth served an apprenticeship to a hat- maker. As Governor of Massachusetts from 1844 to 1851, his whole influence was exercised to promote total abstinence, and no liquors were given to his guests. While in Congress he became President of the Congressional Temperance Society. British Columbia. — See Canada. British "Women's Temperance Association. — This Association was founded by a conference of ladies at Newcastle-on-Tyne, April 21, 1876. The purpose of the conference was to effect a federation of all women's temperance or- ganizations based on total abstinence, it being believed that by such united effort more could be accomplished to promote temperance and suppress the liquor traf- fic. The Association is entirely unsec- tarian, and welcomes all women who will accept its simple pledge and work for the common cause. An annual business meet- ing is held every May in London, and an autumnal meeting in some provincial town. Organizing agents are engaged in forming new branches and encouraging old ones. The official organ of the Asso- ciation is the British Women's Temperance Journal (London), published monthly at one penny a copy. Among the other publications are the Non-Alcohohc Cookery Book, and a wall-card of " Simple Rem- edies," both intended to show that alcohol is equally unnecessary in food and medi- cine. The Association has sent numerous petitions to Parliament for the repeal of licenses and the concession of Sunday- closing, and has also urged clergymen to use unfermented wine for sacramental purposes. The local branches are en- gaged in all forms of beneficient endeavor, and the work done by them includes the cultivation of total abstinence sentiment and practice through gospel temperance missions, public meetings, medical lec- tures, drawing-room meetings, garden parties, meetings in young ladies' schools, Bands of Hope and other societies for the young, cottage and factory meetings, sew- ing classes, tract distribution, etc. The branches also make appeals to magistrates at the annual licensing sessions. Several homes for intemperate women have been established. The thirtpenth annual re- port (for the year ending April 30, 1889) shows a total of 409 affiliated societies, with a membership of about 30,000, all officered and conducted by women. The gross receipts for the year were £708 lis. 7d. Mrs. Margaret Bright (See Lucas, Margaret Bright.) Brooks, John Anderson, the fifth candidate of the Prohibition party for Vice-President of the United States, born in Germantown, Ky., June 3, 1836. His father was of Irish and Welsh descent, and combined the occupations of farmer, lawyer and preacher, but derived from them only a meagre support. Despite the disadvantages of his early vears the boy was resolved to rise. AVhen 12 years old he joined a debating society, and soon became a proficient speaker. At 16 he Brooks, John Anderson.] 59 [Burxnah. made temperance speeches. At the age of 17 he entered Bethany College, and three years later (1856) he graduated with honors. While in college he partici- pated in the heated discussions of the slavery issue, taking the view that the negro was an inferior being and cham- pioning slavery and the customs and tra- ditions of the South. But he advocated free speech and honorable treatment of opponents, and on one occasion risked his life to rescue an Abolitionist from a pro- slavery mob. Although he had looked forward to fitting himself for the legal profession, he decided, after his conver- sion to Christianity under the preaching of Alexander Campbell, to enter the min- istry, and accordingly he became a clergy- man of the sect known as Christians or Disciples. He began his work in his native town, and for several years after- wards was engaged in successful evangel- istic labor. In 1857 he was married, but his young wife died three weeks after the wedding. Two years later he married again. During two years of the Civil War he was President of the college at - Flemingsburg, Ky. His sympathies were ^with the South, but he extended hospi- talities to soldiers on both sides. After- wards he filled pastorates at Winchester, Ky., and at St. Louis, Mexico, Warrens- burg and Bolton in the State of Missouri. He is now minister of a large church in Kansas City, Mo. From his youth he was an ardent tem- perance advocate, and at different times he was connected with the Sons of Tem- perance, Good Templars and the Francis Murphy pledge-signing movement. In Missouri hs was identified with the vari- ous Prohibitory movements growing out of the Convention at Sedalia, July 4, 1880. At that convention the Missouri Prohibi- tion Alliance was organized, with Dr. Brooks as its President. A notable agita- tion followed, and, without salary and at his own risk, he canvassed the State, speaking in 100 counties. The first year's work resulted in the election of a Legis- lature pledged to submit a Prohibitory Amendment to the people; but treachery in the State Senate caused the defeat of the submission bill, and the Downing High License law was enacted as a com- promise. After three more years of en- ergetic work Dr. Brooks (1884), received an independent Prohibition nomination for Governor of Missouri. Although there had been no previous organization of the Prohibition party in the State, and al- though the entire vote of Missouri for the Prohibition Presidential ticket in 1884 was only 2,153, Dr. Brooks polled 10,426 votes. In the next four years he worked earn- estly and with excellent results to pro- mote Prohibition sentiment throughout the country, making addresses in many States. At the National Convention of the Prohibition party, held at Indian- apolis, May 30 and 31, 1888, he was nom- inated for Vice-President on the ticket with Gen. Clinton B. Fisk. He made many speeches during the campaign. His record as a Southern sympathizer in sla- very times was persistently used against him by political enemies, and the most unscrupulous misrepresentations and at- tacks were made. Yet he had unequivo- cally repudiated his former views. Burmah. — Drink appears to have been unknown among the Burmese until southern Burmah was conquered by the English in the early part of the present century. Then liquor came in like a flood. One reason for its rapid spread was given to me by an old native school- teacher, for many years past a Christian. " We saw," said he, " that the English armies were stronger than ours, and that man for man they were better physically than we. The main difference in habit was that they drank alcoholic drinks and we did not; so we concluded that must make the difference, and we began drink- ing deliberately for the purpose of strengthening ourselves. But a few years showed us that we had made a great mis- take, and we drink much less now than we did years ago." King Thebaw kept drink out of Upper Burmah as long as he was in power ; but as soon as the English came in a brewery was erected near Man- dalay " to supply the British soldiers with beer." Very soon shop's were open for the sale of all sorts of intoxicating drinks, and no restriction was placed upon the sale to natives. This I saw on my visit to that city in June, 1887, when the first temperance society — a Woman's Christian Temperance Union — was organized. The Presbyterian chaplain to the forces was then doing good work in the garrison. In June, 1889, Miss Phenney commenced Cadets of Temperance.] 60 [Canada. the publication, in Burmese, of monthly Band of Hope leaflets. Each contains a temperance song and a series of questions and answers on the effects of alcohol, opium, tobacco, etc., on the human sys- tem. About 500 of these leaflets are used every month, in 16 different schools and in 12 different stations, from Mandalay in Upper Burmah to Tavoy in Lower Bur- man. Mary Clement Leavitt. Cadets of Temperance. — This so- ciety of juveniles originated with the Sons of Temperance in 1843, but has grown into an independent organization. By its constitution young persons (of either sex) of good moral character, be- tween the ages of 12 and 21 years, are eligible to membership. Every person, in joining, is required to take an obligation not to drink, as a beverage, any intoxi- cating liquor, wine or cider, so long as he remains a member. Many of the States and several of the Canadian Provinces have branches. The Order is sub-divided into Grand Sections and Sections. The entire membership is about 10,000. Penn- sylvania is the banner State. The pres- ent national officers (March, 1891) are: Most Worthy Patron, Charles C. Augus- tine, Philadelphia; Most Worthy Vice- Patron, Prank E. Parker, Charlestown, Mass. ; Most Worthy Secretary, Fred. J. King, Philadelphia ; Most Worthy Treas- urer, J. H. Courtenay, New York City. California. — See Index. Canada. — A slight knowledge of cer- tain prominent physical and political characteristics of the Dominion of Can- ada is necessary to a clear comprehension of the position of the temperance cause in the Dominion. Canada covers an area a little less in extent than that of the Unit- ed States. It includes, besides an enormous extent of unorganized territory, seven provinces, each with a separate Legisla- ture and Government, but all united for national purposes under a Federal Par- liament. The population of the Domin- ion is about 4,500,000. Partly because of geographical conditions this population may be considered as separated into four groups, (1) The Maritime Provinces of Nova Scotia, New Brunswick and Prince Edward Island, on the Atlantic seaboard, with an aggregate population of nearly 900,000. (2) the Province of Quebec, on the St. Lawrence Kiver, population nearly 1,300,000 (largely French), and the wealthy Province of Ontario with a pop- ulation of nearly 2,000,000. (3) the Province of Manitoba in the central prai- rie region, population about 35,000. (4) the Province of British Columbia on the Pacific coast, population about 60,000. Outside these Provinces the scattered pop- ulation is largely governed from Ottawa, which is the national capital. The powers and relations of the differ- ent Provincial Legislatures and the Do- minion Parliament are fixed by an act of the Imperial Parliament of Great Brit- ain; and the Privy Council of Great Britain is the highest judicial Court to which appeals in reference to matters of legislation or administration can be referred. Such appeals are not, however, of L-equent occurrence. Canada man- ages her own affairs. No imperial troops are stationed in the Dominion. The principal connecting link between the nation and the British Empire lies in the appointments to the Governor-Gen- eralship of Canada, which are made by the British Crown. Boughly speaking, it may be said that the Parliament of Canada has jurisdiction over all matters relating to commerce, national revenue, military and naval affairs, postal service and the government of extra- Provincial territory, while Provincial Legislatures have charge of matters relating to inter- nal Provincial government, the police power necessary to enforce law and secure order and the control of legisla- tion, creating municipalities and fixing and regulating their powers. Nearly all of the Dominion is divided into munic- ipalities, varying in size and functions in the different Provinces, and exercising very extensive local powers. Under its power to deal with questions affecting trade and commerce, the Do- minion Parliament enacted, in 1878, a stringently-worded law of Local Option, by which the total Prohibition of the retail traffic in intoxicating beverages may be secured by any city or county in the Dominion. There is also a general law of total Prohibition for unorganized territory, subject, however, to a provision under which special permits to take liquor into this territory may be issued. Na- tional law also prohibits the sale of liquor to Indians and prohibits sale to any per- Canada.] son on the days on which Parlimentary elections are held. The different Prov- inces enact laws for the licensing, con- trolling and regulating of the liquor traffic within their respective limits. About 35 years ago the Province of New Brunswick, then a Crown colony, enacted a law of Prohibition, which was repealed by the next Legislature before it had any opportunity to show its value or even to reveal its defects. Many years after, in the Legislature of the Provinces of Onta- rio and Quebec, which were at that time united, a proposed measure of Prohibi- tion was defeated by the casting vote of the Speaker. CANADIAN- TEMPERANCE SENTIMENT. The temperance question has always been in Canadian politics. Shortly after the discovery of the New World, when the northern part of this continent was under military government — established with the dual object of enlarging the possessions of Prance and spreading the doctrines of Christianity — a fierce con- flict was waged between the ecclesiastical authorities who desired to prohibit the liquor traffic among the Indians and the military authorities who were in favor of permitting that traffic. Ever since that time, in some form or other, the country has been endeavoring to deal with the difficulties arising out of the inevitable contest between men willing to make money from their fellow beings' degrada- tion and those opposed to a business so detrimental to the progress of true civil- ization. When secret temperance organizations were first set on foot they found in Can- ada an inviting field which Washington- ian and Blue Ribbon movements had to some extent made ready for them. These societies still hold their own. There are Grand Lodges of the Independent Order of Good Templars, Grand Divisions of the Sons of Temperance and Woman's Christian Temperance Unions in every Province of the Dominion. The Eoyal Templars of Temperance are also very strong, and have lately been making remarkably rapid advances. Nearly all branches of the Christian church are sound on the question of temperance, and most of them have made emphatic utterances in favor of total Prohibition. In this con- nection the following recent deliver- 61 [Cana a. ances, respectively, of the General Con- ference of the Methodist Church and the General Assembly of the Presbyterian Church may be taken as specimens : Presbyterian General Assembly. " This Assembly declares its conviction that the general traffic in intoxicating liquors is con- trary to the word of God and to the spirit of the Christian religion ; that total Prohibition would be the most effective form of temperance legis- lation, and that it is highly expedient that the State pass a Prohibitory law, and that this result is to be earnestly sought by all right means. This Assembly, with renewed earnest- ness and emphasis, again expresses the hope that the electors, in their choice of representa- tives, will elect only able and good men who are well known to be in sympathy with Pro- hibitory legislation." Methodist General Conference. "It gives us unbounded satisfaction to know that there is a great popular uprising all over the land against the great liquor crime. It stands between us and religious, social, moral and political reform. The ballot must execute the will of a free people, and must not be cast for that which is a sin against God and a crime against humanity. The time has come to draw the line between those who stand with the saloon and against the people, and those who stand with the people and against the saloon We therefore recommend that our people, in all municipal and Parliamentary elec- tions, vote only for candidates who, in addition to other necessary qualifications, are known and profe?scd Prohibitionists, and we heartily pledge ourselves to co-operate wilh the Domin- ion Alliance and all temperance organizations in their efforts to educate the electors of the Dominion on the necessity of Prohibitory leg- islation. We cannot admit the statement so often made by those having little or no sympa- thy with Prohibition, that the country is not yet ready for a Prohibitory law; on the con- trary, we are convinced that the country, by adopting the Scott act. showed it was ready for such legislation. We believe the wide growth of public sentiment in favor of Prohibition ren- ders it the duty of our Parliament to pass a Pro- hibitory law that will brand the traffic with pubic condemnation." THE DOMINION ALLIANCE. Shortly after the federation of the dif- ferent Provinces of Canada in one Dominion in the year 1866, an agitation was inaugurated looking toward a law of total Prohibition. Great petitions from every part of the country were piled up in the Dominion Parliament, and sev- eral Provincial Legislatures passed resD- lutions, all asking the national body for the enactment of such a law. A call for a Prohibitory Convention was issued by 16 members of the House of Commons Canada.] 62 [Canada. in the year 1875. In response to the appeal, 280 representatives from the dif- ferent Provinces assembled at Montreal. The meeting was presided over by Hon. Senator A. Vidal, and had the advice and assistance of lion. Neal Dow of Port- land, and John N. Stearns of New York, who were present as visitors. The con- clusions of this Convention were summa- rized in the following resolutions: "1. That the manufacture, importation and sale of intoxicating liquors to be used as com- mon beverages are found by the Parliamentary Committees, as well as the experience of soci- ety, to be afruitful source of crime and pauper- ism, alike subversive of public morality and social order. ' 2. That all attempts to restrict the traffic by license law are unsatisfactory, inasmuch as in- temperance and all the evils connected there- with ara constantly increasing. "3 That nothing short of the entire Prohi- bition of the manufacture, importation and sale of intoxicating liquors as beverages would be satisfactory to this Convention, "4. That in order that a Prohibitory liquor law, when passed, may have the sympathy and support so indispensably necessary to its suc- cess, it is the opinion of this Convention that the Dominion Parliament should be urged to frame such a law, subject to ratification by pop ular vote.' Out of this Convention grew an organ- ization called " The Dominion Alliance for the Total Suppression of the Liquor Traffic," that is still the recognized rep- resentative body of the Prohibitionists of the Dominion of Canada. A branch of it was formed in every Province, and another for the Northwest Territories. The President of the Dominion Alliance is still Hon. A. Vidal of Sarnia, Ont., who has held that important position for 14 years and enjoys the respect and con- fidence of Prohibition workers of all classes and opinions^ The Secretary is F. S. Spence of Toronto, Ont. THE CANADA TEMPERANCE ACT. The proposal of the Montreal Conven- tion of 1875 did not find favor with the Dominion Parliament. Several commit- tees were appointed from year to year to consider the question. A special Board of Commissioners was sent to investigate the Prohibitory laws in the United States. The result of the researches of these gen- tlemen was published in an extensive blue-book. A resolution was adopted by the House of Commons assenting to the principle of Prohibition. Finally, in 1878, there was enacted the Canada Temper- ance act, popularly known as the Scott act because it was introduced into Parlia- ment by Hon. E. W. Scott, then Secretary of State. Its principal provisions may be summarized as follows : The act is divided into three parts. The first part provides the machinery by which the second part may be adopted or rejected. The second part is the Prohibition part and does not corns into force until it has been adopted by a vote of the electors. The third part provides for the enforcement of the law after its adop- tion. The following is a synopsis of the provis- ions of these respective parts: Part I. One-fourth of the electors in any city or county may petition the Governor-General in Council to have a vote taken upon the act in such city or county. The Governor-General in Council may then appoint a returning officer, fix a day for voting, and make all other needful arrangements for the polling of votes. Very severe penalties are provided for any corrupt practices. No treating of voters is allowed and all places where liquor is sold must be kept closed tha whole of the day of voting. If a majority of the votes polled are in favor of the act, a proclamation will be issued bringing it into force ; but in counties where licenses are in opsration it cannot come into force before at least five months after the voting, nor until all licenses in force at the end of these five months have exp.rad. If no licenses are in force in a county, the act may be brought into operation in that county after three months from the day of the voting adopting it. If the act be adopted it cannot be repealed for at least three years, nor until the repaal has been voted upon and adopted by the electors If the act be rejected or repsaled it cannot be again voted upon for three years. Part II Prom the day of the coming into force of the act in anv county or city, and as long as it re- mains in force, no intoxicating liquor shall be sold in any manner or under any pretext except in the ciisss hereinafter mentioned. Persons -who are specially licensed may sell liquor by whole- sale, but only in quantities of not less than ten gallons, or in case of ale or beer eight gallons, and only to licensed druggists, or other whole- salers, or to persons whom they have good rea- son to believe will carry it to and have it con- sumed in some place where the Scott act is not in force. Producers of native wine made from grapes grown by themselves may, when licensed, s;ll such wine to any person in quantities of not less than ten gallons, unless it be for medic- • inal or sacramental purposes, when they may sell as small a quantity as one gallon. .Licensed druggists may sell in quantities of not less than one pint. Not more than one druggist may be licensed in a township, not more than two in a town, and not more than one for every 4,000 in- habitants in a city. Druggists are only allowed to sell liquor for medicinal or sacramental use, or for use in some bona fide art, trade or raanu- Canada,] 63 [Canada. facture. L-lquor can be sold for sacrament on a certificate signed by a clergyman ; for medi- cine only on a certificate sigred by a medical man, and for any other purpose only on a certi- cate signed by two Justices of the Peace. The licensed druggist must file all these certificates, must keep a full record of all the sales he makes and report the same to the Collector of Inland Revenue. Part III. The penalties for illegal sale are: For the first offense a fine of not less than $50 ; for the sec- ond offense, a fine of not less than $100 and for the third and each subsequent offense, imprison- ment for not more than two months. The clerk or agent who sells for another person shall be held guilty as well as his employer and shall be liable to the same punishment. All liquor and all vessels containing liquor in respect to which offense.j have been committed shall be forfeited. Any person may be a prosecutor for a violation of the act. The Collector of Inland Revenue is requi^d to prosecuta whun he has reason to believe that an offense has been com- mitted. In a prosecution it is not necsssary that a witness shall be able to state the kind or price of liquor unlawfully sold. It is enough to show that unlawful disposal of intoxicating liquor took place. The finding in any place of liquor, and also of appliances for its sale, is prima facie evidence of unlawful keeping for sale, unless the contrary is proved. The husband or wife of a person charged with an offense against the Scott act is a competent witness. Any person attempting to tamper with a wit- ness in any prosecution under the act shall be liable to a fine of £50. Any person who is a party to an attempt to compromise or settle any offense against this act with a view of saving the violator from prosecution or conviction shall, on conviction, be imprisoned for not more than three months. No appeal shall be allowed against any conviction made by any Judge, Stipendiary or Police Magistrate, Sheriff, Re- corder or Parish Court Commissioner. THE CANADA TEMPERANCE ACT IN OPERA- TION. Immediately after its enactment, the Canada Temperance act was taken hold of by temperance people, the city of Fredericton, the capital of New Bruns- wick, being the first place to vote. A large majority was recorded in favor of the law. Other cities and counties fell into line, and in a short time the greater part of the Maritime Provinces was placed under the act. Later on the Province of Ontario was brought to a great extent under the operation of this law, but unfortu- nately political complications interfered with its success. In Ontario all liquor laws are administered by local Boards of Commissioners appointed directly by the Provincial Government from year to year. This system necessarily makes the issuing of licenses to sell liquor a piece of party patronage and brings the liquor traffic actively and interestedly into Provincial politics. The enforcement of the law was defective and irregular. Where it was fairly and effectively carried out, the liquor traffic became arrayed against the party then in power. Where it was not properly enforced, friends of law and order were disgusted and offended. The liquor traffic took advantage of the oppor- tunity, and when the question of repeal was submitted to the electors the active political workers who cared more for party than principle united, in 1887 and 1888, to defeat a measure that was an an- noyance to them although a blessing to the community. The law was repealed in every place in Ontario in which it had been adopted. Some repeal movements were also successful in the Province of Quebec. The other Provinces of the Dominion not being affected by the con- siderations referred to, have stood loyally by the act; and in them it is accomplisn- ing very much good. In the Province of Prince Edward Island the legalized retail liquor traffic is extinguished, the Canada Temperance act being in operation in every city and county. The results of the adoption and en- forcement of the act in the different parts of the Dominion have been very encour- aging to the friends of moral reform. The consumption of strong drink has fallen off to a remarkable degree, and there has been an equally remarkable reduction in drunkenness and its attendant evils. The annual report of the Inspector of Prisons of the Province of Ontario for the year 1888 contains a tabulated list of the commitments to jail for drunkenness in all the counties of Ontario for 11 years. The figures for all the counties that were entirely under the Canada Tem- perance act in 1888 show, as compared with the figures for the year 1884 (the last year in which they were entirely under license), a falling off of 50 per cent. in commitments to jail for criminal drunkenness. It is startling to find at the same time that the figures for all the counties that were entirely under license for the two years named show an increase in 1888 as compared with 1884 of 25 per cent, in commitments to jail for drunken- ness. Many similar official statements might be quoted to show thp good that Canada.] 64 [Canada. has resulted from the workings of this law. i THE LICENSE LAWS OP THE DIFFERENT PROVINCES. The salient features of the different license laws in operation in the different parts of the Dominion are briefly given in the following summary : Nova Scotia. This Province has 19 counties and cities, in 11 of which the Scott act is now (Jan. 1. 1890) in operation The license law affects only the remainder of the Province. This law provides for three classes of licenses: (1) A hotel license, permitting the sale of liquor in quantities of not over one quart. Sale may be made only to bona fide guests or lodgers to be used in rooms or at meals. If u hotel-keeper sells in any other way he is fined $100 for the first offense, and for a second, $100 and imprisonment for not more than two months. A person misrepresent- ing himself to be a guest is liable to a fine of $50. The fee for a hotel license is $150., (2) A shop license, fee 8100, permitting sale in quantities of not less than a pint and not more than two gallons to be taken away for consump- tion. (3) A wholesale license, fee §150, permit- ting sale in quantities of not less than 12 gallons. Every sale, under any license, of more than one gallon, must he specially registered. The penal- ties for selling without license are $50 for first offence, ^80 for second, *80 and imprisonment for third. Licenses are issued by the Municipal Councils. The Councils appoint Inspectors who are confirmed by the Government. Every In- spector must be a member of a temperance so- ciety in good standing at the time of his appoint- ment and throughout his term of office. No license may be issued unless the applicant, pre- sents a petition signed by two-thirds of the rate- payers in his polling district. No sale of liquor is permitted between 9 p. m. and 7 a. m. Selling is also prohibited between 6 p. m. on Saturdays and 7 a. m. Mondays. No sale is allowed on any election clay or to any person under 21 years of age or to any unlicensed person who intends to sell. Two Justices of the Peace may prohibit all deal;rs from selling to any particular per on addicted to drunkenness. The husband, wife father, mother, child, master, curator, guardian or caretaker of any personad- dicted to drink, may prohibit any particular dealer from selling to such person. In case of a death through drink, the legal representatives of the deceased may recover damages up to * 1,000 from the person who sold the liquor. Any one injured in person or property by a drunken person has recourse for damages against either the person who did the mischief or the parson who sold the drink. Liquor in respect of which offences have been committed is for- feited and destroyed. New Brunswick. This Province ha3 16 counties and cities, of which nine are under the Scott act. In other parts of the Province two kinds of licenses are issued : (1) Tavern licenses, varying in prices at the option of the Municipal Council, from $23 to $200. This license permits sale in quantities not over a quart, to be drunk on the premises. (2i Wholesale licenses, fee varying from $50 to $200. This license permits sale in bulk not to bs consumed on the premises, in quantities not less than one pint. Licenses are issued by the Municipal Council, which also appoints a License Inspector. The applicant for the license must have a petition signed by one-third the ratepayers in his distr ct. The penalties for un- licensed selling are $50 fcr first offence, #80 for second, ¥80 and imprieonment or not more than three months with hard labor for third. The maximum number of licenses that can be issued in a municipality is limited in cities and towns to four for the first 1,030 of population and ore to each 500 after. In rural places the maximum number is three to the first 1,200 of population and one to each 1,000 thereafter. The Munici- pal Councils may still further limit the number. No sale is allowed between 10 p. m. and 6 a. m. or between 7 p. m. on Saturday and 6 a m. on the following Monday. Prohibitions in relation to election days, minors and persons addicted to drink are the same as in Nova Scotia. The Civil Damage and liquor forfeiture provisions are the same as in Nova Scotia. Prince Edward Island. This Province, being entirely under the Scott act, has no license law in force in any part of it. Quebec. In this Province licenses are issued by the Collector of Provincial Revenue. They are of seven classes, namely: Licenses for (1) inns, (2) restaurants, (3) steamboat bars, (4) railway buffets, (5) taverns at mines, (6) retail liqucr shops, and (7) wholesale liquor shops. Any per- son applying for a new license must present a petition signed by one-fourth of the voters in a rural municipality, or the ward of a city in which the license is to operate. If the number of voters is less than 50 the petition must be signed by a majcrity of them. Except in the cities of Quebec and Montreal the petition must also be ratified bv the Municipal Council, and no license can be issued to any person who has permitted drunkenness on his premises, or hss been twice fined for selling without a license. Pees range from $56.25 up to $512.50. Penalties for illicit selling range from $75 to $95 for a first offense, double that amount for a second offense, and for a third not less than three months nor more than six months imprisonment. No liquor can be sold after 8 p. m. to soldiers, sailors or servants, or to any person between midnight and 5 a. m., or at all on Sundays, or to drunken persons, or persons under 21 years of age. A provision against selling to habitual drunkards is somewhat similar to that oi Nova Scotia, with the addition that any one purchas- ing liquor for a habitual drunkard is liable to a fine of 850, or three months' imprisonment in default of payment of this fine. The law relat- ing to Civil Damages is the same as that of Nova Scotia. Outside of cities, towrs and villages no Vquor may be sold within three miles of ar.y public work under construction. There is also Canada.] 65 [Canada. in the municipal law a Local Option provision by which any Municipal Council may entirely suppress the sale of liquor within its limits by a by-law either absolute or dependent upon popu- lar vote for ratification. Ontario. In this Province licenses are issued and con- trolled by a board of three Commissioners and an Inspector, appointed by the Government, lor each electoral division. There are three elapses of licenses -tavern, shop and wholesale. The number of tavern licenses that may be issued is limited to four for the first 1,000 of the popula- tion in a municipality, and one to each subse- quent 400 A Municipal Council may pass a by- law limiting the number below this 'maximum. For example, the city of Toronto, with a popula- tion of about 180,000, limits the number of tavern and saloon licenses to 150 An applicant for a license is required to secure endorsement by a majority of the voters in his electoral precinct, and thus license can issue only upon special appeal of the majority. Fees vary in differ- ent places and for different classes of licenses, the lowest possible fee being $90 and the highest $400. JMo liquor is sold from 7 o'clock Satur- day night till 6 o'clock on Monday morning, or on election days. The purchaser of liquor sold illegally is liable to a tine not exceeding $10. A licensee who sails out of hours is fined for a first offense $40, for a second offense $80. and for a thirJ offenss ?-100, with an alternative of imprisonment. A third offense forfeits the li- cense and the licensee is disqualified from ob- taining another for two years. No liquor may be sold to any person under 18 years of age. The Civil Damage law is similar to that of Nova Scotia. Provisions prohibiting sale to intem- perate p;rsons are also similar to those of Nova Scotia. The penalties for illicit sale by persons unlicensed are for a first offense not more than $100 and costs, for a second, imprisonment for four months with hard labor, and for a third, imprisonment for six months with hard labor. Manitoba. Licenses in Manitoba are issued by a Beard of Commissioners and Inspector, and are controlled as in Ontario. Outside a city or town with 2.000 population, each applicant for a license must present a petition signed by 14 out of the 20 householders nearest to his place of business. There are three classes of licenses as in other Provinces. The lowest possible fee is $100 and the highest $300. The statutory limit for the num- ber of licenses is almost the same as in Ontario. No sale is allowed between 10 Saturday night and 7 Moqday mornimr, or between 11.30 p. m. and 6 a m. on other nights, or on election days, or to persons under 16. Penalties for selling out of hours are very heavy. Penalties for selling without licenses are, for first offense $50 to $250, f»r second offense $250 to $500, for third offense 1500 to $1,000. Alternative imprison- ments range from two months to two years. Provisions prohibiting sale to drunkards are similar to those of other provinces, with the ad- dition that any two clergymen or two Justices of the Peace may prohibit any such sale, and any licensee who violates this provision is heavily punished and loses his license. Occu- pants of premises are responsible lor any viola- tion of the law that takes place in their houses. Civil Damages are recoverable up to $1,000 by legal representatives of any per.-on who comes to his death through drunkenness. This Prov- ince has also a Local Option law of its own. Twenty-five per cent. of the voters of any munic- ipality may demand a poll on the question of Prohibition. If two-thirds of the votes cast are in favor of the proposal, then license is aban- doned. Under this provision four-fifths of the territory of Manitoba is now under Prohibition. British Columbia. The law in this Province is simple. The whole control of licenses is in the hands of the Municipal Council. Fees vary from $30 to $100 for each six months. A Board of Commissioners partly appointed and partly elective agrees to or refuses all applications. There is no limit to the number of licenses that may be issued. Two-thirds of the electors in a polling district must endorse an application for a new license. The penalty for illicit liquor-selling is a fide up to $250. besides the amount that should have been paid for a license. Outside these provis- ions selling is almost unlimited. TOTAL PROHIBITION. The general plan of work endorsed by the Dominion Alliance is that, while us- ing every means to immediately restrict or prohibit the liquor traffic, nothing should be allowed to distract attention from progress towards the goal of total Prohibition. It is expected that this end will be attained by securing the election to the National Parliament of men who are known and avowed Prohibitionists, and who can be relied upon to support, regardless of party, a law for the entire legal suppression of the traffic in intoxi- cating beverages. To this end Prohibi- tionists are urged to use all their personal influence in their respective political caucuses to obtain the nomination of men who are sound on the Prohibition ques- tion. Only where these efforts fail to se- cure the nomination of a Prohibitionist by one of the existing parties, is an inde- pendent Prohibitionist to be nominated and supported. The Prohibitionist senti- ment in the House of Commons is rapidly growing. A resolution was introduced into that body in 1884 declaring in favor of Prohibition. This resolution was amended so as to make it declare for Pro- hibition when public opinion should be pronouncedly in favor of it. A further amendment for immediate Prohibition was defeated by a vote of 55 to 107. The amended resolution in favor of Prohibi- tion at some time was adopted by a vote Canada.] GG [Canada. of 122 to 40. Since then some electoral changes have taken place. Sentiment has been advancing. In 1889 the question of immediate Prohibition was defeated by a vote of 59 to 99, and the resolution in favor of Prohibition at some time was adopted by a unanimous vote. The Al- liance, on this line, hopes to ultimately secure the object it has in view. POLITICAL ACTION. The plan on which Canadian Prohibi- tionists in general are working has been outlined. Their principles and methods are laid down in the following, which is the platform of tne Alliance : " 1. That it is of the highest importance to obtain united political action on the part of all those who are in favor of the immediate total Prohibition of the liquor traffic. ■'2. That we endorse the action of our friends in the House of Commons, in introducing and supporting the Prohibition resolution of 1887, and we request them to take like action at every session of Parliament until the resolution be adopted and Prohibition secured. " 3. That we call upon the friends of Prohi- bition to organize in each of the constituencies for the purpose of preventing the re-election of any member who does not favor such a resolu- tion, and for securing the nomination and elec- tion of candidates who are known and publicly avowed Prohibitionists. '4. That where the nomination of such a Prohibition candidate is not otherwise secured, an independent Prohibition candidate be nom- inated and supported at the polls." This action, however, does not meet the approval of all Canadian temperance workers. Some are of the opinion that Prohibition obtained on the lines pro- posed would not be sufficiently effective. They believe that the only hope for suc- cess lies in Prohibition secured through an independent political party. In the Maritime Provinces a Prohibition party has been formed and has taken part in several contests, polling in some cases a not inconsiderable vote. The head of this movement is J. T. Bulmer of Halifax, editor of the Canadian Voice, the organ of the party named. In the Province of Ontario there is also an organization known as " Canada's New Party," which is definitely committed to total Prohibi- tion. The leader of the movement and President of the organization is Rev. A. Sutherland, D. D., of Toronto. The party is not solely a Prohibition party. Its platform contains the following planks : " 1. Righteousness and truth in public affairs as well as in private business, and no compro- mise with wrong. " 2. Equal rights for all creeds, classes and nationalities, but exclusive privileges to none. •'3. A national sentiment, a national litera- ture and in all matters of public policy, our country first. " 4. The prompt and absolute Prohibition of the liquor traffic, and the honest and vigorous enforcement of all laws for the repression of vice and intemperance. " 5. Retrenchment and economy in public expenditure, with the view of reducing our enormous national debt "6. Manhood suffrage with an educational qualification — that is, a vote to every freeman of legal age who can read and write. " 7. The extension of the franchise to women. ' 8. An elective Senate. "9. Civil Service Reform." CONSUMPTION OF LIQUOR. From what has been said it will be seen at once that Canada is largely a Pro- hibition country. The consumption of liquor has been steadily decreasing (not- withstanding the increase in population) as laws have been increased in stringency and Prohibitory territory has increased in area. (See Consumption of Liquoes.) Taking our different Provinces all the the way through, the amount of drink consumed is proportionate to the extent of territory that is under Prohibition, going gradually from British Columbia, in which the Scott act has not yet been tried and where license laws are ex- tremely lax, down to Prince Edward Is- land, where the Scott act is in operation over the whole Province. British Colum- bia's consumption is over eight gallons per head ; Prince Edward Island's con- sumption is less than three-fourths of a gallon. The following table, showing' the per capita consumption for the year 1888, will make the point very clear : Gallons of Liquor consumed per capita in different Provinces in 1888. British Columbia 8| Ontario 5^ Quebec %\ Manitoba and Northwest Territory 2 New Brunswick \\ Nova Scotia 1 j Prince Edward Island (less than) j Dominion of Canada (Jess than) 4 During the year (1888) the Scott act was not in operation in any part of Brit- ish Columbia. It was in force in about 20 cities and counties in Ontario, not including, however, any large cities. A large portion of Quebec was under local Candidates.] 67 [Carson, Thomas L. Prohibition. A large portion of Mani- toba was under Prohibition through Pro- vincial Local Option; all the Northwest Territories were, however, under Prohi- bition. The Scott act was the law in 10 out of New Brunswick's 18 counties and cities. In Nova Scotia it was in force in 12 out of 19 counties and cities. It was in operation over the whole Province of Prince Edward Island. LAW ENFORCEMENT. It is worth while noting that, generally speaking, the liquor law in Canada is well enforced. The difficulties that are met with everywhere in dealing with the liquor traffic exist here, but the traffic is not so openly defiant and is more under control than in most other countries. Persons holding retail liquor licenses are prohibited from occupying seats in any Municipal Council. Law and Order Leagues exist and do a good work in the large cities where the traffic is best organ- ized and most aggressive. Public senti- ment is decidedly against liquor-selling, and the whole business is disreputable. This healthy sentiment is growing and laws are becoming more and more stringent and better enforced. At the present time there are in several Provinces efforts being made for further legislation of an even stronger character, and Canada act- ually presents the probably unique spec- tacle of a steadily diminishing liquor power and a steadily popular progress, on actually effective lines, towards gen- eral sobriety and total Prohibition. F. S. Spence. (Formerly editor of the Canada Citizen.) Candidates. — See Prohibition Par- ty. Carson, Thomas L. — Born in Salem, N. Y., March 3, 1807, and died in Syra- cuse, N. Y., Nov. 21, 1868. While still a boy he removed with his parents to the town of Elbridge, N. Y. Here he lived during the greater part of his life. He early became an earnest worker in the temperance cause. Under the Local Option law of 1846 many towns in New York State voted for " no license ;" but numbers of liquor-dealers continued to sell in violation of law. Mr Carson conceived a plan of organization for the punishment of these offenders, and the complete sup-' pression of their unlawful business. The Carson League was established, composed of persons committed in writing to the enforcement of anti-liquor laws and pledged to the payment of the necessary funds to procure counsel and obtain evi- dence against the law-breakers. When- ever money was needed a yro rata assess- ment was made upon the League mem- bers. This organization spread into many sections of New York and extended into other States. A newspaper, the Carson League, was established by Mr. Carson at Syracuse about the year 1853, in support of the enforcement movement and in opposition to the legalized drink traffic as well. By means of this paper Mr. Carson did much toward securing the nomination and election of Myron H. Clark as Governor of New York in 1854, and the consequent enactment of the Prohibitory law of 1855. After this ap- parent triumph of Prohibition he remov- ed with his paper to New York City, but there it was discontinued and he returned to Elbridge. The Court of Appeals found a flaw in the Maine law, as the Prohibitory statute of New York was called, and instead of amending the measure the Legislature in 1857 repealed it and passed a license law. Mr. Carson immediately ■ renewed the war on the drink traffic, employing much the same tactics as were used in the organization of the Carson League. The new society was known as the State League, and a new paper, the State League, was started to support it. Each Leaguer pledged at least $1 a year in payment for the paper, and also agreed not to use or sell intoxi- cating drinks, or vote for any but enemies of the liquor traffic to fill offices that had to do with the enactment or enforcement of liquor laws. This paper he continued to publish until his death. He was a philanthropist and a brave, energetic and self-denying worker, and he died in the ; midst of his labors against the legalized and defiant liquor traffic. He believed that in order to destroy the business law must be brought to bear against it. One of his sayings was that " the best temper- ance tracts he knew of were rumsellers' tracks to jail." With this conviction, on one occasion he secured the prosecution of his own brother (with whom he was on friendly terms) for keeping a hotel with a bar in violation of law. Catholic Temperance Societies.] 68 [Cause and Consequence. Catholic Temperance Societies. —On Washington's Birthday, Feb. 22, 1872, the Catholic Total Abstinence Union was formed in the city of Baltimore, Md. It was organized for the purpose of assist- ing to stem the tide of intemperance ; and following in the footsteps of the glorious apostle of total abstinence, Theobald Mathew, his plan of individual pledges was adopted. The objects of the Union are as fol- lows: 1. To secure to its members the privilege of being received into societies connected with the Union in any part of America. 2. To encourage and aid com- mittees and pastors to establish new so- cieties. 3. To spread, by means of Catho- lic total abstinence publications, correct views regarding total abstinence princi- ples. The constitution states that to accom- plish these objects we rely upon : 1. The practice of our holy religion by all mem- bers, individually. 2. The observance by our members of the maxims laid down for our guidance by the reverend clergy. 3. The influence of good example and kind persuasion by our members upon our fel- low-Catholics. 4. Our connection with the association of prayer in honor of the sacred thirst and agony of Jesus. 5. The appointment of a lecture and publication bureau. The pledge of the Union is as follows : " I promise, with the Divine assistance and in honor of the sacred thirst and agony of our Sav- iour, to abstain from all intoxicating drinks; to prevent as much as possible, by advice and example, the sin of intemperance in others; and to discountenance the drinking customs of so- ciety." The officers of the Union are a Spiritual Director, President, 1st and 2d Vice-Pres- idents, Treasurer and Secretary. While the Total Abstinence Union is the prin- cipal temperance organization of the Koman Catholic Church, there are various subordinate and dependent societies in States and dioceses where the Union has not been regularly formed. All those have been approved by the Plenary Coun- cil of the Church in America; and the Holy Father, Pope Leo XIII, has formally commended and blessed the work in which the various total abstinence socie- ties of the church are engaged. (See Ro- man Catholic Church.) With these approvals of our spiritual fathers the Union has achieved much suc- cess. It is earnestly working to have a total abstinence society in every parish; and as a means toward, this end, it has provided that the 1st Vice-President shall appoint an organizer for each diocese. The system is now being tried, and good results are hoped for. Special efforts are being made to form cadet organizations in order to bring up the youth free from the cravings of appetite. Many societies of women have been formed for the pur- pose of cultivating the home influence so necessary for the successful continuance of our labors. The Union has sent out lecturers to all sections of the country, and has dis- seminated a large number of total absti- nence documents — especially the lectures of Most Rev. Archbishop Ireland and the pamphlets of Rev. Dr. T. J. Conaty. Thus the work of the Union is being car- ried on from Maine to California and from Minnesota to Texas. Our people are advised to shun the flowing bowl and seek safety for home and family under the banner of the Catholic Total Absti- nence Union. The enrolled membership in good standing is now about 56,000. Philip A. Nolan, General Secretary Catholic Total Ab- stinence Union. Cause and Consequence. — The ori- gin of the stimulant habit is lost in the, cloudland of prehistoric tradition, but the antiquity of the vice does not warrant the belief in the physiological necessity of its practice. The undoubted fact that there have been manful, industrious and intelligent nations of total abstainers would be an almost sufficient refutation of that inference, which is sometimes qualified by the assertion that the vicissitudes of a rigorous climate have to be counteracted by the stimulus of alco- holic beverages. For it can, besides, be proved that the alleged invigorating action of alcohol is an absolute delusion, and the pathological records of contem- porary nations establish the fact that the epidemic increase of intemperance can nearly always be traced to causes wholly independent of any increased demands upon the physical or intellectual energies of the afflicted community. Those ener- gies, in fact, have lamentably decreased among numerous races that once managed Cause and Consequence.] 69 [Cause and Consequence. to combine nature-abiding habits with an abundance of vital vigor. The inevitable progressiveness of all stimulant habits (see Poisons) is an addi- tional argument in favor of the theory that the poison vice has grown up from very small beginnings, and the genesis of the fatal germ has probably been supplied in the hypothesis of Tabio Colonna, an Italian physician of the 17th Century. " Before people used wine," says he, " they drank sweet must, and preserved it, like oil, in jars or skins. But in a warm cli- mate a saccharine fluid is apt to ferment, and some avaricious housekeeper may have drunk that spoiled liquid till she be- came fond of it, and learned to prefer it to must." Avarice, aided perhaps by dietetic prurience or indifference to the warnings of instinct, planted the baneful seed, and the laws of evolution did the rest. As soon as the sale of intoxicating liquors had become extensive enough to be profitable, the managers of the traffic had a personal interest in disseminating the poison habit. Attempts at reform were met by appeals to the convivial instincts of the stimulant dupes, by the seduction of minors and by charges of asceticism; later by nostrum puffs and opium wars. More than 2,000 years ago the worship of Bacchus was propagated by force of arms. The disciples of Ibn Hanbal, the Arabian Father Mathew, were stoned in the streets of Bagdad. The persecution and repeated expulsion of the Grecian Pytha- goreans had a good deal to do with the temperance teachings of their master. In Palestine, in India, in mediaeval Europe every apostle of nature had to contend with a rancorous opposition, often in- spired by motives of sordid self-interest; and our own age in that respect cannot boast of much improvement. In spite of our higher standards of philanthropy and their numerous victories in other direc- tions, the heartless alliance of Bacchus and mammon still stands defiant. In our own country nearly 200,000 men, not half of them entitled to plead the excuses of ignorance or poverty, unblushingly in- voke the protection of the law in behalf of a traffic involving the systematic prop- agation of disease, misery and crime. Wherever the interests of the poison ven- dors are at stake, the nations of Europe have not made much progress since the time when the sumptuary laws of Leo de Medici were defeated by street riots and a shrieking procession of the Florentine tavern-keepers. The efforts of such agitators are second- ed by the instinct of imitation. "In large cities," says Dr. Schrodt, " one may see gamins of nine or ten grubbing in rubbish-heaps for cigar-stumps; soon after leaning against a board fence, groaning and shuddering, as they pay the repeated penalties of nature, yet all the same re- peating the experiment with the resigna- tion of martyrs. The rich, the fashionable do it; those whom they envy smoke; smoking, they conclude, must be some- thing enviable." Without any intentional arts of persuasion, the Chinese business men of San Francisco have disseminated a new poison vice by smoking poppy-gum in the presence of their Caucasian em- ployees and accustoming them to asso- ciate the sight of an opium debauch with the idea of enjoyment and recreation. Would the opponents of Prohibition at- tempt to deny that analogous influences (the custom of "treating" friends at a public bar, the spectacle of lager beer or- gies in public gardens, etc.) have a great deal to do with the initiation of boy- topers ? Ignorance does not lead our dumb fel- low-creatures to vicious habits, and prej- udice is therefore, perhaps, the more correct name for the sad infatuation which prompts so many millions of our young men to defy the protests of in- stinct and make themselves the slaves of a life-destroying poison. Ignorance is nescience. Prejudice is malscience, mis- creance, trust in erroneous teachings. Millions of children are brought up in the belief that health can be secured only by abnormal means. A pampered child complains of headache, of want of appe- tite. Instead of curing the evil by the removal of the cause, in the way so plain- ly indicated by the monitions of instinct, the mother sends to the drug-store. The child must "take something." A young rake, getting more fretful and dyspeptic from year to year, is advised to "try something " — an aloe-pill, a bottle of med- icated brandy, any quack "specific" re- commended by its bitterness or nauseous- ness. The protests of nature are calmly disregarded in such cases. A dose of medicine, according to popular impres- Cause and Consequence.] 70 [Chambers, John. sion, cannot be very effective unless it is very repulsive. Our children thus learn to mistrust the voice of their natural in- stincts. They try to rely on the aid of abnormal agencies instead of trusting their troubles to nature. Boys whose petty ailments have been palliated with stimulants will afterwards be tempted to drown thir sorrows in draughts of the same nepenthe, instead of biding their time, like Henry Thoreau, who preferred to " face any fate rather than seek refuge in the mist of intoxication." We have seen that the milder stimu- lants often form the stepping-stones to a passion for stronger poisons. A penchant for any kind of tonic drug, nicotine, nar- cotic infusions, the milder opiates, etc., may thus initiate a stimulant habit with an unlimited capacity for development, and there is no doubt that international traffic has relaxed the vigilance which helped our forefathers to guard their homes against the introduction of foreign poison vices. Hence the curious fact that drunkenness is most prevalent, not in the most ignorant or despotic countries (Spain, Bussia, Turkey), nor in regions where alcoholic drinks of the most seduc- tive kind are cheapest, but in the most commercial countries — western France, Great Britain, Holland and North Ame- rica. Hence also the fallacy of the brewers' argument that the use of lager beer would prevent the dissemination of the opium habit. No stimulant vice has ever prevented the introduction of worse poisons. Among the indirect causes of intemperance we must therefore include our mistaken toleration of the minor stimulants, and of the traffic in " medi- cated " quack brandies. Alcohol in the course of the last. 2,000 years has proved a direr enemy to the welfare of the human race than war, pestilence and the rage of all the hostile elements of nature taken together. Un- questionable statistics demonstrate the fact that the total loss of life (by shorten- ing the average of human longevity) caused by strong drink equals the havoc of perennial warfare. The loss of health more than equals the consequences of malaria in the most unhealthy regions of the globe. The waste of land can be es- timated only by millions of square miles, devoted to the production of food-stuffs to be devoured by breweries and distiller- ies. The loss of labor diverts from use- ful or harmless pursuit the energies of some thirty to forty millions of our fel- low men. The moral loss is not confined to the direct influence of the brutalizing poison. The liquor traffic defiles all par- ticipants of a transaction which involves a sin against nature, a crime against society and posterity, and an outrage against the moral instincts of all un- prejudiced human beings. Felix L. Oswald. Central America. — The hereditary abstemiousness of the Spanish people of Mexico and Central America has been somewhat modified by the influence of foreign manners, but, on the other hand, that evil tendency has been checked by the lesson of practical experience in the intertropical seaport towns where the alcoholized foreigners succumb by hun- dreds to epidemics that spare the temper- ate natives. The history of fever and epidemics on the Isthmus of Panama has for centuries confirmed the verdict of Dr. H. E. Ward, who passed many years on the deadly swamp-coasts of the Sunda Is- lands. " I have had the opportunity," he says, "of observing for 20 years the comparative use of coffee in one class of natives and of spirituous liquors in another — the native Sumatrans using the former and the natives of British In- dia, settled here, the other; and I find that while the former expose themselves with impunity to every degree of heat, cold and wet, the latter can endure neither for even a short period without danger to their health." The intelligent natives of the Central American seaport towns regard the rumshops of the foreign resi- dents very much as the Caucasians of San Francisco regard the "opium hells" of their Chinese fellow-citizens, and in ex- tensive districts of the interior alcohol is used only in the form of pulque, the fermented juice of the aloe plant. Occa- sional excesses in the use of that beverage are not wholly confined to the ladinos — the Spanish-Indian country population, — but habitual intemperance is very rare among the educated classes. Felix L. Oswald. Chambers, John. — Born in Stew- artstown, County Tyrone, Ireland, Dec. 19, 1797, and died Sept. 22, 1875. His father, William Chambers, was involved Chambers, John.] 71 [Channing, William Ellery. in Irish revolutionary enterprises, and fled with his wife and infant son John to America. The refugee settled on an Ohio farm. The boy at the age of 16 entered the store of a cousin in Balti- more. At 17 he united with the Asso- ciate Eeformed Presbyterian Church. Deciding to become a minister he spent fiveyearsina school in Baltimore. In 1825 he was appointed pastor of the 1st Independent Church of Philadelphia. He was gifted with exceptional oratorical powers, and it was not long before he began to use his talents to arouse public sentiment against the indulgence in in- toxicating beverages. He presided over the first public temperance meeting held in Philadelphia, and in 1840 organized among the young men of his congrega- tion a Youths' Temperance Society by means of which many temperance work- ers received their early training. In 1849 he was introduced to an audience as "the war-horse of the temperance cause," and ever after he was known as " The War Horse." In the early days of his ministry it was the common custom to serve liquors at funerals. Mr. Chambers gave notice from his pulpit that he would enter no house where liquors were pro- vided, and on one occasion he stood out- side in a drenching rain and refused to officiate until the corpse had been brought to him. Throughout his long ministry he continued the work, seeking by ser- mons, by addresses, by prayers, by pledge- taking, by pecuniary contributions for the aid of reformed inebriates, by train- ing young men and by all other availa- ble methods to promote the temperance reform. His efforts made bitter enemies for him among the liquor-dealers. Once he was confronted on the street by a rumseller, who seizing him by the collar, heaped profanity and abuse upon him. Mr. Chambers listened quietly until his assailant was out of breath and then politely lifted his hat, thanked him and went on his way. He was especially suc- cessful with young men. About two score of the young men of his congrega- tion became clergymen, and a company of thirty youths of his church, headed by John Wanamaker (afterwards Postmas- ter-General), founded the widely-known Bethany Sunday-school of Philadelphia. In the half century of his Christian min- istry he admitted 3,585 members to his church. Champagne. — See Vinous Liquors. Channing, William Ellery, an eminent American clergyman, reformer and writer, born in Newport, K. I., April 7, 1780, and died in Bennington, Vt., Oct. 2, 1842. At the age of 12 he was sent to New London, Conn., to prepare for college, and two years later, in 1794, he entered the Freshman class at . Har- vard. He graduated from the institu- tion in 1798 and spent the following 18 months as tutor in a private family at Richmond, Va. In 1800 he returned to Newport and continued his studies, dividing his time between the public library and the sea-shore. In 1801 he removed to Cambridge, Mass., and being elected Regent of the University entered upon the study of theology. He received approbation to preach in 1802, and his sermons attracted immediate attention for their fervor and solemnity. He was ordained pastor of the Federal Street Church of Boston, June 1, 1803. In the disagreement between the " liberal " and " orthodox " Congregationalists of New England, Dr. Channing was the recog- nized leader of the "liberals," since known as Unitarians. Soon after his marriage in 1814 he began the study of the German philosophers, Kant, Schil- ling and Fichte. After Napoleon's over- throw at Waterloo he preached a sermon on the " goodness of God in delivering the Christian world from military discipline." In 1822 he visited Europe, and upon his return to this country in 1824 the ap- pointment of Rev. Ezra Gannett as his colleague in pastoral work permitted him to devote much more of his time to liter- ature and social reforms. He lectured and preached sermons against slavery and in behalf of temperance, education and prison reform. His best-known effort in advocacy of temperance was his " Address on Temperance," delivered in Boston, Feb. 28, 1837. In this he took radical ground on the question of total abstinence. " It is very plain," said he, " too plain to be insisted on, that to remove what intoxicates is to remove intoxication. In proportion as ardent spirits are banished from our houses, our tables, our hospitalities, in proportion as Chickering, John White.] [China. those who have influence and authority in the community abstain themselves and lead their dependents to abstain from their use, in ■ that proportion the occasions of excess must be diminished, the temptations to it must disappear." But while convinced that the liquor traf- fic ought to be prohibited. Dr. Channing was doubtful whether public opinion at that time (1837) was sufficiently aroused to successfully enforce Prohibitory stat- utes. • This is manifest in the same ad- dress: "What ought not to be used as a beverage ought not to be sold as such. What the good of the community requires us to expel no man has a moral right to supply. That intemperance is dreadfully multiplied by the number of licensed shops for the retailing of spirits we all know. That these should be shut every good man desires. Law, however, can- not shut them except to a limited extent, or only in a few favored parts of the country. Law is here the will of the people, and the Legislature can do little unless sustained by the public voice. To form, then, an enlightened and vigorous public sentiment, which will demand the suppression of these licensed nurseries of intemperance, is a duty to which every good man is bound and a service in which each may take a share." His nephew and biographer, Rev. William H. Channing, says of his attitude on the temperance question (" Memoirs of Wil- liam Ellery Channing," vol. 3, p. 30) : " With liis habitual love of individual free- dom and his excessive dread of the tyranny in- cident to associated action, he refrained, indeed, from joining the temperance societies and never adopted or advised others to adopt their pledges. But by precept and example he lent the full weight of his influence to the temper- ance reform." In 1833 Dr. Channing himself wrote: " The temperance reform which is going on among us deserves all praise, and I see not what is to hinder its complete success. ... I believe the movements now made will succeed because they are in harmony with and seconded by the eneral spirit and progress of the age." "Memoirs," vol. 3, p. 36.) Chickering, John White.— Born in Woburn, Mass., March 19, 1808, and died in Brooklyn, N. Y., Dec. 9, 1888. He came from an old New England family, and was the fourth in a line of Congregational min- isters. He graduated from Middlebury College in 1826, and from Andover Theo- logical Seminary in 1829. In 1830 he was ordained pastor of the Congregational Church at Bolton, Mass., and after a nine years' pastorate accepted a call to the High Street Congregational Church of Portland, Me., where he remained for 30 years. Dr. Chickering was a contributor to various newspapers, and published two books, "The Hill-Side Church" and " Sermons on the Decalogue." He wrote a number of tracts on temperance and gospel subjects, and some of them have been translated into other languages and widely circulated. He also preached of- ten from the pulpit on the temperance question, advocating total abstinence for the individual and Prohibition of the liquor traffic by the State. China. 1 — Intoxicating drinks have been used in China from the remotest times. The earliest historical records, which begin at a period more than 2,000 years before the Christian era, mention a spirituous liquor as an article already in common use and speak of the drunken- ness of some of the early Emperors and their ministers as a matter of shame and a source of calamity. The art of distil- lation, in all probability, was first dis- covered by the Chinese, but at such an early date that there is no record of it. One tradition ascribes its invention to Tu K'ang, who, Dr. Williams says, was a woman of the Scythian tribes. Dr. Legge, however, says it is not known who Tu K'ang was. Another Chinese tradition declares that this liquor was first made by (Iti, probably) a cook in the household of Yii, who reigned in the 23d Century be- fore Christ. Dr. Edkins has denied that distillation was known among the Chinese before 1280 A. D., and would have us be- lieve that this early liquor was simply fer- mented. But Dr. Legge has shown that the phrase for distilled liquor, on which this argument turns, was used at least as early as 018 A. D. At any rate there has been no such thing as native beer made in modern times. Grapes are grown in many places, but no wine is manufactured. All Chinese liquors to-day are distilled. i The editor is indebted to Rev. E. T. Williams (Nankin, China), Rev. C. Hartwell (formerly of Poochow, China), Rev. T. Laurie (Providence, R. I.), and Rev. S. L.Bald- win (Recording Secretary, Mission Rooms of the Methodist Episcopal Church, New York). China.] 73 [China. ANCIENT TESTIMOKY. Whatever opinion as to the period of the discovery of distillation is accepted, it is certain that alcoholic liquors, how- ever prepared, were in use among the Chinese in the most distant ages. The literature of the nation abounds in testi- monies concerning the evils wrought by intemperance, impressive utterances against indulgence and Imperial decrees of a restrictive or Prohibitory nature. Mencius has told us of Yii the Great, the founder of the Hia Dynasty (2205 B. C.) : "Yii hated the pleasant wine" (Legge, " Chinese Classics," vol. 2, p. 202). The common Chinese explanation of this is also given by Legge in a quotation from " The Plans of the Warring States," a history of the times next succeeding Con- fucius: "Eteih (or Iti) made wine which Yii tasted and liked, but he said, 'In after ages there will be those who through wine will lose their kingdoms '; so he de- graded Eteih and refused to drink plea- sant wine." It should be noticed here that Legge, like many other writers, uses the term " wine " for fermented liquors made from millet, rice or any kind of grain. And Yii's prediction was too sadly ful- filled. The dynasty he founded came to an end in B. C. 1766, through the over- throw of Kieh, the abandoned tyrant, who to gratify his favorite concubine lavished treasures " in providing her with a splen- did palace, and in the park that sur- rounded it a lake of wine was formed at which ' three thousand men drank at the sound of a drum/ while the trees hung with dried meats, and ' hills of flesh ' were piled up." (Mayers's Manual, p. 82.) He was followed by Tang the Completer who overcame him and bounded the Shang dynasty. But this dynasty came to an end in 1122, by the suicide of Chow Sin, an even more abandoned and cruel tyrant than Kieh if possible, with whom he is classed by the Chinese as one of the " two wicked Emperors." The book of '* Shu King " reports the words of the Count of Wei in 1123 B. C, when lamenting the impending fall of the Shang dynasty. " The House of Yin," said Wei, " we may conclude can no longer exercise rule over the four quarters of the kingdom. The great deeds of our founder were displayed in former ages, but by our maddened in- dulgence in spirits we have destroyed the effects of his virtues in these after times." (Legge's translation.) And Wu Wang, who overthrew Chow Sin, in a " Gre .t Declaration " to the princes, officers and people, declared respecting the fallen monarch that "He has been abandoned to drunkenness and reckless in lust." But the dissolute royal example had led to a sad state of morals among the people both high and low, and when Wu Wang appointed his brother Fung to rule over the region around the former capital, in the present Province of Honan, he ad- dressed to him the " Announcement about Fermented Liquors " found in Book X of the " Shu King." This remarkable " An- nouncement" antedates the admonitions of Solomon in the Book of Proverbs, and is probably the oldest temperance dis- course on record. It is, in part, as fol- lows: " When your reverend father, King Wan, founded our kingdom in the western region, he delivered announcements and cautions to the princes of the various states, their officers, assistants and managers of affairs, morning and evening, saying, ' For sacrifices spirits should be employed. When Heaven was sending down its favoring commands and laying the founda- tions of our people's sway, spirits were used only in the great sacrifices. But when Heaven has sent down its terrors, and our people have been thereby greatly disorganized and lost their sense of virtue, this too can be ascribed to noth- ing else than their unlimited use of spirits: yea, further, the ruin of the feudal states, small and great, may be traced to this one sin, the free use of spirits.' King Wan admonished and in- structed the young and those in office managing public affairs that they should not habitually drink spirits. In all the states he enjoined that their use be confined to times of sacrifices ; and even then with such limitations that virtue should prevent drunkenness." Continuing, Wu Wang establishes se- vere Prohibitory rules, as follows : " If you are told that there are companies who drink together, do not fail to apprehend them all and send them to Chow, where I may put them to death. As to the ministers and officers of Yin [another term for the Shang dynasty], who have been led to it and been ad- dicted to drink, it is not necessary to put them to death; let them be taught for a time. If they keep my lessons I will give them bright dis. tinction. If you disregard my lessons, then I, the one man, will show you no pity. As you cannot cleanse your way. you shall be classed with those who are to be put to death. The king says, O Fung, give constant heed to my admonitions. If you do not manage right your officers, the people will continue lost in drink." Afterwards other expedients were tried to prevent intemperance. About Wu China.] 74 [China. "Wang's time elaborate ceremonies in con- nection with drinking were prescribed. Etiquette required that host and guest should bow to each other so many times before each drinking that if they drank together all day " they could not get drunk." Near the beginning of the Han dynasty (B. C. 206) and afterwards, a fine of four ounces of silver was put on all guilty of meeting together and drinking in companies of more than three persons. In B. C. 98 liquors could be made and sold only by the Government. An Em- peror of the Northern Wei dynasty, A. D. 459, made a very severe Prohibitory law. All liquor-makers, liquor-vendors and liquor-drinkers were to be beheaded. In 781 an Emperor of the T'ang dynasty invented a peculiar scheme of Prohibition. All the liquor-shops were divided into three grades, to pay a monthly tax to the Government according to size, and then all persons, officers and people were strictly forbidden to buy or drink. In the Kin Tartar dynasty, 1160, the law was that all officials who drank should be beheaded. In 1279 the Mongol Emperor had a law that all liquor-makers should be banished and enslaved, and all their property and children should come under the control and care of the Government. During the present dynasty no laws have been made respecting the use of liquors or spirits. 1 A common Chinese saying has been rendered into English thus : " First the man takes a dram, Then the dram takes a dram. Then the drams take the man." PRESENT DRINK CONDITIONS. As has already been stated, the Chinese do not now manufacture fermented liquors, and have not done so in recent times. Moreover their distilled bever- ages are not frequently consumed to ex- cess, and it is probably true that so far as the use of alcoholic beverages is con- cerned China is the most temperate of the great nations of the world. " In an observation of over 20 years in China," writes a former American missionary, 2 " I did not see a Chinaman intoxicated more than once or twice, except where I had reason to know that he was intoxi- 1 These various items have been taken from Dr. Fabers's work in Chinese, entitled ll Civilization, Chinese and Christian. 11 ' Rev. S. L. Baldwin, New York. cated on foreign liquor." The most com- mon distilled beverage made by the Chinese is a species of arrack, prepared from glutinous rice. The law forbids the use of the " sien " or ordinary rice for this purpose, as it is the people's main dependence for food. Wheat, bar- ley, millet and Indian corn are also dis- tilled. Next to rice the " kao-liang " or millet is most frequently used and makes a strong liquor, although none of the Chinese intoxicants are as strong in alcohol as those of Western nations. Thrice-dis- tilled liquor is called " samshu." Chinese arrack contains perhaps two-thirds as much alcohol as American whiskies. Among the reasons assigned for the comparative freedom of the people from drunkenness are : 1. The fact that their diet is light and simple, and does not tend to awaken the appetite for strong drink that goes along with higher living; 2. The general use of tea, which quenches thirst and to a large extent takes the place of liquor ; 3. The great prevalence of the opium habit, taking the place of the alcohol vice with the victims of that habit. There is noth- ing in China corresponding to the saloon of Western countries. The ordinary place of resort is the tea-house, and all affairs are discussed over " the cup that cheers but not inebriates." There is of course a certain amount of drinking at the inns and restaurants. There are no shops given entirely to the sale and drinking of liquors. There may be more drunk- enness, however, than is apparent, for the very reason that drinking is almost wholly confined to the home, where its results are not easily observed, by stran- gers. It is impossible to ascertain the exact amount of liquor of native produc- tion consumed in China. In 1888 there were 198,623 piculs of samshu, valued at 552,442 taels, exported from the " open " ports. (A picul is equal to 133^ lbs. and a tael to $1.15.) This, however, can rep- resent only a small portion of the total manufacture. Dr. J. G. Kerr, a medical missionary at Canton, estimates the pro- portion of adults — men and women — ad- dicted to drinking at 60 per cent. At an average daily allowance of four Chi- nese ounces the expense for each person per annum would amount to 2.25 taels, or 12.59, if the cheapest liquor is purchased. This is certainly a very moderate esti- mate. There are very few Chinamen who China.] 75 [China. do not occasionally drink, for social usage requires it on certain occasions, such as the birth of a son, a wedding, funeral or birthday celebration. It is safe to say there are 150,000,000 adults in China. According to the above esti- mate the annual consumption will ap- < proximate 1,350,000,000 gallons, at a cost of more than $233,000,000. But a change for the worse is gradu- ally being effected, and for this change the foreigners, men professing the Chris- tian religion, are responsible. Until recently there was no market in China for foreign liquors. Those shipped to her ports were admitted free of duty be- cause consumed by foreigners alone. Not long since, however (1888), foreign wine, beer and spirits were put upon the tariff list because, as was asserted, the Chinese were already purchasing them in consid- erable quantities. This consumption is increasing rapidly, especially or almost wholly among the official and moneyed classes; for at present their use is limited by the high prices demanded for them. In , the " Eeturns of Trade " for 1888, publish- ed by the customs service, the quantities of wines and spirits entered are given for only nine of the 29 open ports. These quantities had an aggregate value of 331,- 936 taels ($381,726.40). Dr. J. G. Kerr, in the article referred to above ( Chinese Recorder, January, 1888), says: "The advent of foreigners to China brought with it a terrible evil in the use of opium,' and this is wasting the lives and substance of tens of thousands of her people and rendering the salvation of their souls almost an impossibility. The future threatens an evil many fold greater than opium, as a concomitant of the introduc- tion of Western science and education. The use of native liquors is limited because of the char- acter given them by the crude mode of manu- facture. The consumption of foreign liquors is limited because of their expense. The time will no doubt soon come when alcoholic drinks will be prepared here as they are in the West and as cheaply as native spirits now are. The probability is that their use will increase and drunkenness will become as common as it is in so-called Christian lands and the evils fol- lowing in its train be as great here as they are theie." That this danger is not imaginary he proceeds to show by quoting reliable statements as to the effects already real- ized in the neighboring Empire of Japan, where the conditions a few years ago were as they are now in China. There is no regulation by the Chinese Government of the traffic in intoxicating liquors beyond the collection of a local tax on the pro- duction, and the import and export dues. The attention of the missionaries in some places is being directed to it as an evil that threatens soon to grow to vast pro- portions. For example, in the city of Shanghai every store kept by a foreigner sells liquor, of which some is consumed on the premises. The yearly revenue from the tax on this traffic amounts to 3,600 taels ($4,140). Foreign wines and spirits are very generally used by the well- to-do classes of Chinese in that city. In the English settlement in Shanghai there were 58 arrests of Chinamen for drunk- enness during the first ten months of 1889. Temperance effort is carried on by some organizations and individuals, especially by missionaries ; and a cordial welcome was given to Mrs. Mary Clement Leavitt, who visited China in 1886 in behalf of the Woman's Christian Tem- perance Union. OPIUM. But the drink evil in China, though increasing, is overshadowed by a worse evil — worse, at least, in magnitude. This is the opium habit. No account of the alcohol conditions in this Empire will be complete without presenting the most important facts of the prevalence, alarm- ing growth and frightful ravages of this fearful vice, and indicating the responsi- bility for it and the consequences of its legalization. Very little was known until recently concerning the introduction of opium and opium smoking into China. Some writers have stoutly maintained that the vice is a very ancient one, and others have just as stoutly denied that it was ever known in China until introduced by foreigners near the close of the List century. For many of the more important facts given below regarding the history of opium in China we are indebted to the researches of Dr. Edkins, the results of which are set forth in a pamphlet published by order of the Inspector-General of Chinese Customs. i The poppy was introduced into China by the Arabs in the 8th Century, A. D., and Chinese physicians at once learned to make a decoction from the seeds for medi- cal purposes. In the 15th Century they i Opium; Historical Note; or, The Poppy in China: Shanghai, Kelley & Walsh, 1889. China.] 76 [China. began to prepare the juice substantially as it is done to-day, but employed it in medicine only. About 1620 tobacco and tobacco smoking were brought into Amoy from the Philippine Islands, and opium was employed among other things in pre- paring the tobacco for use. Probably in this insidious way the taste for opium was first cultivated. After a time opium instead of tobacco became the chief in- gredient of the mixture, and it was a long while before the tobacco was entirely omitted. It was about the close of the 17th Century that the habit of opium- smoking was brought to Formosa from Java, and from Formosa it found its way to the main land. The vice had already become so prevalent in 1729 that the Emperor issued an edict commanding all opium houses to be closed and provid- ing severe penalties for those engaged in the trade. The drug was still imported however, ostensibly for medical purposes, and the habit of smoking it was slowly extending in spite of the prohibition. At the same time native opium was being produced in considerable quantities in the Province of Yunnan. In 1767 the importation amounted to about 1,000 chests annually, and the traf- fic was wholly in the hands of the Portu- guese. When the East India Company (British) took charge of the trade in 1781 the importation was still about 1,000 chests a year. But in 1800 the Govern- ment became greatly alarmed and an edict was issued forbidding the importa- tion of opium by any person for any pur- pose whatever. The severest penalties were prescribed for those violating the law — nothing less than the confiscation of the vessel, the destruction of the opium and the capital execution of the smug- glers. For a time the East India Com- pany suspended shipments, but the temptations held out by the iarge profits caused a formal renewal of the smuggling operations in 1821. Meanwhile the sever- ity of the Prohibitory law had in no wise been relaxed; in L830 strangling was the penalty for selling the drug, and in 1832 an offender was executed by strangling at Macao, in the presence of a crowd of foreigners. The British Government of India be- came thoroughly committed to the policy of encouraging the illicit business and de- riving from it as much revenue as possible. In 1831 and 1834 British men-of-war were sent to Canton to protect the opium in- terests. A crisis came in , 1839. The Imperial Commissioner Lin wrote to Queen Victoria imploring her to put an end to the traffic, and committed to the flames at Canton 20,283 chests of British opium, valued at $10,000,000. This act hastened the rupture with England. There were other causes for war, and it is not likely that China would ever have con- sented without conflict to open her gates to the trader or the missionary ; but En- gland's demand at the close of the war, that the Chinese Government should pay an indemnity of $6,000,000 for the opium that had been destroyed, fixed forever upon her the reproach of espousing the cause of lawless smugglers, and also gave strength to the charge that China's re- jection of British opium was one of the chief causes of the war. The traffic, how- ever, was not even then legalized. The Emperor, Tao Kwang, in reply to Sir Henry Pottinger's demand for its legaliza- tion, said : " True, I cannot prevent the introduction of the poison ; but nothing will induce me to raise a revenue from the vice and misery of my people." This prince was himself a reformed opium- smoker, and had lost his three eldest sons by the vice. The establishment of an English colony at Hong Kong did not tend to lessen smuggling. While Sir H. Pottinger is- sued a proclamation declaring the im- portation of opium illegal and an order forbidding all English vessels to enter any but the five treaty ports or to sail above Shanghai, under $500 penalty for each offense, no effort was made to enforce either, but, on the contrary, officers who attempted to execute the order were given to understand that their services were not needed. In 1857 an opium smuggler fly- ing the English flag was fired on, and this was made a pretext for the second Opium War. Canton -was bombarded and England and France co-operated in a demonstration of strength which com- pelled the Emperor to sign the treaty of 1860 (negotiated by Lord Elgin), whereby the importation of opium was legalized; and China paid an indemnity of $10,800,- 000 to England and $6,000,000 to France. Since 1860 the amount nf opium im- ported has increased alarmingly. The following figures show the development China.] 77 [China. of the import traffic under England's powerful protection: In 1790, 4,054 chests were imported ; in 1799,5,000; in 1826, 9,969; in 1830, 16,800. In 1834 the trade passed out of the hands of the East India Company into those of Brit- ish officials, and in 1836 the number of chests had increased to 34,000. After that quantities were indicated by piculs (of 133& lbs. each) instead of by chests. In 1850 the imports aggregated 52,925 piculs, in 1880 75,308 piculs, and in 1887 96,746 piculs. Foreign opium having been admitted, there was no longer any reason why the natives should not be permitted to pro- duce the article. The quantity of opium now made in China is already two or three times as much as that impo-ted, and the home product is increasing each year. There are still provinces where opium planting is forbidden, but the prohibition is not enforced. There is probably not a single province where it is not grown. Mr. Donald Spence, British Consul at Chung- king, after very careful inquiries, re- ported in 1881 that the annual production of the four south-western provinces amounted to 224,000 piculs. In the same year the customs returns reported 12,700 piculs in five other provinces. From special reports gathered by the cus- toms service in 1887 we learn that opium is grown in 16 of the 18 provinces of China proper, besides ' the principalities of Monkdeu and Manchuria. A low es- timate, based upon these figures, would make the total annual production about 254,000 piculs — two and one-half times the amount imported. A fair estimate would probably increase the number to 300,000. Opinions differ very widely as to the number of smokers, some putting it as low as two millions and ethers as high as eighty millions. Inspector-General Plart in 1881, by a calculation based upon the returns of the customs service, concluded there were not more than two millions — one million smokers of foreign opium and the same number of the native ar- ticle. His estimate of the na+ive produc- tion, however, was far too small, as shown by Mr. Spence's report, published the following year. With the correctioTi, Mr. Hart's method of calculation would give not less than 3,250,000 persons addicted to the habit in 1881. In his calculation he assumed that 100 catties of raw opium would produce 70 of the prepared drug, and that an average smoker consumes three mace per day. (A mace is one- tenth of a Chinese ounce, which equals an ounce and one-third avoirdupois.) Dr. S. Wells Williams regarded two mace per day a large amount, and it is still so considered in some localities. Mr. Hart's estimate is doubtless correct for the open ports, but it is probably too high an average for the whole Empire. Upon this point he remarks that if the average daily consumption be reduced you in- crease the number of smokers but lessen the hurtfulness of the practice. But even two mace per day is enough to ruin a man and his family in every respect. Raw opium doubtless produces on an average 70 per cent, of pure prepared opium, but it is rarely or never smoked in this condition, being almost always adulterated to a certain extent — in some places with sesamum seed, in others with the ashes of former sm'okings. Some persons prefer the ashes to the original drug. This is notably true in Monkden, where the ashes command as high a price as the opium. One ounce of the ashes added to one ounce of the raw opium will produce an ounce and four-tenths of the prepared mixture, so that it is probably safe to say that there are as many ounces of the prepared article smoked as there are ounces of the raw drug. Estimating the native production at 300,000 piculs annually and the foreign importation at 100,000 piculs, allowing each smoker 3 mace per day, we reach the conclusion that there are about 5,845,333 smokers. This, however, represents but a small pro- portion of those who suffer from the habit. Its evil results are numerous and far- reaching. One can easily tell an opium smoker at sight by his thin, sallow face, sunken eyes and general air of weakness and dullness. The victims find it impos- sible without medical help to break away from it. If a confirmed smoker from any cause is deprived of his opium, or if he attempts without assistance to give up the habit, he will suffer indescribable agony ; tears flow from the eyes, there is dizziness in the head and a burning in the throat, his extremities become cold and his whole body is racked with pain. China.] [China. A large number of persons visit the mis- sionary hospitals every year to be cured of the vice. Many come, however, not because they hate the habit, but because they have exhausted their means or in order that they may reduce the daily dose. Probably one-half or three-fifths of those cured renew the practice. The cost of the drug, six cents per mace, soon con- sumes the means of all but the rich, for outside of foreign settlements laborers receive but six to ten ce^ts per day and mechanics from 11 to 15 cents. The habit consumes two or three hours a day, and soon unfits a man for any work. As a result his family is reduced to want, and in not a few cases wife and daughters are sold into slavery to lead lives of shame, the proceeds of the sale going to fill the pipe of the husband and father. Many every year go to swell the ranks of professional beggars. Opium is preferred to food, and if the victim is not rescued he soon destroys himself. The use of opium deadens the moral sense too, so that the smoker becomes wholly unre- liable, especially where the satisfaction of his appetite is concerned. He will lie, steal and resort to any means to fill his pipe. The opium den is also a common resort of harlots and gamblers, so that an opium smoker soon becomes addicted to other vices. In the English and French quarters at Shanghai are numbers of large establishments, handsomely fur- nished, which are nightly frequented by thousands of young men, and where har- lots are permitted, unrestrained, to ply their shameless vocation. In 1888 there were 960 opium houses in the foreign quarter of Shanghai, as against 900 in 1887. Each of the establishments pays a tax on every pipe, and the Inspector may count the pipes as frequently as he chooses. From the 960 houses a revenue of 29,359 taels ($33,762.85) was collected in 1888. In Nankin (population about 500,000), a representative Chinese city, where there are no foreigners except the missionaries, there were about 8,400 opium dens in 1888. Besides the injury done to the victim and his family, there is the loss to the State of millions of taels annually which might be expended for useful articles of commerce. Since 1781 India has drawn off from China no lessthan $1,300,000,000. The average price of a picul of foreign opium is 391 taels; duty paid, 422.60 taels; after boiling, 492.20 taels. The prices of the native drug vary considerably according to locality, the quality of the article and the amount of taxes paid. The average price in 1887 of crude opium was 277 taels per picul, and of prepared opium 357 taels. Snch a traffic cannot but do great injury to legit- imate trade, and many merchants have complained of it on this ground. The growing of native opium is a source of in- jury also because the best soil is used in its production, soil which otherwise would be used in growing breadstuffs. Thus the quantity of food is lessened and its price increased, with very serious results on certain occasions. The use of opium is said also to have a prejudicial influence on the increase of population. In the report of the Missionary Conference held at Shanghai in 1877 it is stated that Dr. Gait showed from the records of the opium patients received into his hospital that to 154 married patients of the average age of 33 years, during an average period of 7.9 years, only 146 children were born. Practically nothing is done to-day to suppress the vice. It pervades all classes. Opium is heavily taxed, but this does not prevent consumption. The import tax on the foreign article is 30 taels per picul. The native opium is variously taxed ac- cording to locality, amounting in some places to 18 taels, in others to 103 taels per picul. In Hankow an attempt was made to levy a tax in the form of a li- cense upon the divans of that city, but it failed. The Government since its dis- couraging experiences before the English wars has made no sustained effort to reg- ulate or suppress the evil. Chinamen say they are not free to deal with opium as they like. Were England to withdraw from the market and lessen the produc- tion in her dominions, the Chinese might be encouraged to another effort. They have shown themselves not incapable of the most energetic measures. There are Chinese statesmen to-day just as earnest as the famous Commissioner Lin and far more intelligent. In 1877 the Vice- roy at Nankin closed every den in the city. Unfortunately he died soon after and his successor allowed the vice to flourish unmolested. The influence of such a trade and habit upon the missionary cause can China.] [Chloral, Chlorodyne, &c. easily be conceived. There is not only the barrier erected by the vice itself, which shuts the heart against all the appeals of the gospel, but the trade introduced and fostered by a so-called Christian Government has filled the natives with a violent hatred of every- thing foreign. To the heathen there is but little difference between the English trader and the English n'issionary, though year by year that difference is coming to be more clearly understood. The preacher of the gospel is almost daily interrupted in his discourse by the question : " Where does opium come from ? " and to be taunted with the reproach that his people have brought this great curse on the land. No doubt this trade is responsible in a good degree for the slow progress of Christianity in China as compared with its rapid advance in the neighboring Em- pire of Japan. No Chinaman, not even the smoker, will justify the habit. All admit it to be wholly evil. Only Englishmen interested in the revenue pretend to say that it is not injurious. But Sir Thomas Wade, one of England's most distinguished rep- resentatives in China, declared : " To me it is vain to think otherwise of the use of opium in China than as a habit many times more pernicious, nationally speaking, than the gin and whiskey drinking we deplore at home." THE UNITED STATES AND OPIUM. The history of the relations of the United States Government with the Chi- nese Empire shows a gratifying change of attitude upon the opium question. The " Convention for the Regulation of Trade " between the two countries, con- cluded Nov. 8, 1858, provided that the tariff on opium imported into Chinese ports by citizens of the United States should be 30 taels per 100 catties. ' But the treaty of Dec. 17, 1880, proclaimed Oct. 5, 1881 (the United States Commis- sioners being James B. Angell of Michi- gan, John F. Swift of California and William Henry Trescot of South Carolina, and ' the Chinese Commissioners being Pao Chun and Li Hungtsao), provides as follows in Article 2 : " The Governments of China and of the 1 Among the duty-free goods were tobacco, cigars, wine, beer and spirits. United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China, to transport it from one open port to any ether open port, or to buv and sell opium in any of the open ports of China. This absolute prohibition, which extents to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or sub- jects of either power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States ; and the bene- fits of the Favored-Nation clause in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article." Chloral, Chlorodyne, Chloro- form, Cocaine and Ether. — These preparations are among the most popu- lar of medicinal agents for inducing sleep or temporarily annihilating pain. The bounds of their legitimate use, however, are overstepped by many, and they be- come inebriants of great fascination and tyrannous strength. Indeed, alcohol is a chief constituent of each, excepting cocaine. Chloral is made by acting on absolute alcohol with dry chlorine ; chloro- dyne is a mixture of chloroform with morphia, Indian hemp, prussic acid, peppermint, etc. ; chloroform is produced by distilling alcohol with chloride of lime; ether is the product of alcohol and sulphuric acid, and cocaine is prepared from the coca leaf, which in its native state is a powerful and ruinous stimu- lant, chewed by the inhabitants of the countries where the plant grows. 2 All of them excepting ether are of com- paratively recent discovery, and they have 2 Both Poppig and Von Tschudi give a doleful account of the intemperate use of coca by the inveterate coquero, as he is called— his bad health, pale lips and gums, green- ish and stumpy teeth, and an ugly black mark at the angles of his mouth, his unsteady gait, yellow skin, dim and sunken eyes encircled by a purple ring, his quiv- ering lips and his general apathy all bear evidence of the baneful effects of the coca juice when taken in excess. He prefers solitude, and when a slave to his cravings he will often take himself for days together to the silence of the woods to indulge unrestrained the use of the leaf. The habit must be very seducing, as, though long stigma- tized and very generally considered as a degrading, purely Indian vice, many white Peruvians at Lima and elsewhereretire daily at stated times to chew coca. Even Europeans. Von Tschudi says, have fallen into tbe habit. Both he and Poppig mention instances of white coqueros of good Peruvian families who were addicted to the vice. One is described by Poppig who became averse to any exertion; city life and its restraints were hateful to him ; he lived in a miserable hut. Once a month, at least, when irresistibly seized with the passion, he would disap- pear into the forest and he lost for many days, after which he would emerge sick, powerless and altered. — Coca and Cocairu^J William Martindale (London, 1880), pp. 12, 13. Chloral, Chlcrodyne, &c] 80 [Church of God. not been generally employed in medical practice until within the last half cen- tury; but physicians testify that they are already claiming multitudes of victims. All are subtle poisons, speedily produc- ing death when taken in undue quanti- ties. They are more dangerous than alcoholic liquors, in that constant care must be exercised to avoid fatal doses. As intoxicants they are not consumed convivially like liquors, but in secret and alone ; for they do not produce exhilara- tion but lethargy and insensibility. The victim, while under their influence, is therefore not violent, murderous or oth- erwise physically demonstrative; his symptoms rather resemble those of the opium-eater. The effects are as disas- trous as those produced by opium indul- gence — an insatiable appetite, demanding larger and larger quantities and occa- sioning an uncontrollable determination to procure the drug at any expense of money, health or honor ; gradual loss of will, moral sense and self restraint, and ultimately the most serious functional disorders and distresses. Dr. Norman Kerr tells of " a married lady, the wife of a professional man," who "has cost her husband £220 for chlorodyne during the past six years, although she daily drank only one-fourth of the quantity taken by another case in which four ounces were used every day." 1 These seductive poisons are probably not yet taken very extensively among the com- mon people. Dr.Kerr, speaking of chloral, says : " Literary men, barristers, clergymen and medical men, with some highly sensi- tive and nervous ladies, have been the sub- jects of this form of inebriety. I have known no mechanic who has become ad- dicted to chloral, and only one or two individuals engaged in trade or mercan- tile pursuits." 2 The appetite for these different drugs results, in moit cases, from innocent use, for the purpose of wooing sleep or deadening pain; after a few trials a morbid craving is excited, then the unfortunate habit is fixed. Sometimes victims of opium resort to chloral, chloroform, ether or cocaine in the hope of conquering their tyrant, only to find themselves slaves to an equally remorseless foe whose work of destruc- 1 Inebriety (London, F.L.S., p. 103. » Ibid, pp. 101-3. by Norman Kerr, M.D., tion is performed with greater rapidity. " Chloroform," says Dr. Kerr, " is speed- ier in operation than any of the other forms of inebriety except ether. The nervous depression, the sickness, the perverted nutrition and the continual languor usher in an infirm and demoral- ized condition of body and brain, which makes of the victim a complete wreck. Unless the mania be resisted and the disease cured, the inevitable consumma- tion by death approaches with startling swiftness. Interspersed with the most transient visions of delight, the life of the chloroform inebriate is but a protracted misery. The visions in the early stage of the diseased manifestations are most agreeable, but later on they become weird and horrid. ... I have gen- erally found the chloroform habit asso- ciated with alcohol. Only in one instance, a medical man, have I seen an abstainer a chloroform habitve. He was, I am happy to say, completely cured." 3 Christian Church — The American Christian Convention, at its quadrennial session held in New Bedford, Mass., Oct. 11, 1886, made the following deliverance : "Inasmuch as the subject of the limitation and ultimate extinction of the commerce in in- toxicating drinks is the pre eminent moral question of to-day, and growing in emphasis with each added day; therefore "Resolved, That this Convention do an- nounce itself as the patron and aider of all activities and associations that point clearly, definitely and wisely to a direct and immedi- ate erasure of permissions or sanctions of soci- ety or law upon the iniquitous traffic." Church A ction. — The representative deliverances of American churches on temperance and Prohibition are given separately under the different denomina- tional names. Church of God.— The General Elder- ship — the highest body in this denomina- tion—held a triennial meeting at "West- Newton, Pa., May, 1887. The following is taken from the report of the 'Commit' tee on Temperance, which was adopted by the Eldership : " Statistics develop the fact that, as a nation, we annually expend in Home and Foreign Mis- sions the sum of $2,500,000, for tobacco the sum of $600,000,000, and for intoxicating liquors the sum of *900,000,000 These expenditures for liquor and tobacco strike at the influence of the 3 Ibid, pp. 105-6. Church Temperance Society.] 81 [Civil Damage Acts. church, the hom2, and the nation. Since the last meeting of this body a number of iStates have submitted, or are about to submit, the question of Prohibition; and so far as the ques- tion lias been tested by the expressed voice of the people, the sentiment of Prohibition is fast gaining ground. All kinds of license or tax, favoring the liquor traffic, whether high or low, are wrong in principle and demand tiie opposi- tion of the church and of good men and women everywhere. We not only re-affirm the senti- ments heretofore expressed, but as the cause of Prohibition advances we will keep pace with the aggressive movement of the temperance cause until the several States and the National Government shall by Constitutional Amend- ment or statutory law prohibit the importation, manufacture and sale of all intoxicating liquors, including ale, wine and beer as a beverage, and to that end we will labor and in every legiti- mate way use our influence." Church Temperance Society. — This is the shorter name of the " Tem- perance Society of the Protestant Epis- copal Church of the* United States of America " It was organized in 1881. It is under the general control of an Execu- tive Board of 30 members, and of the 60 Bishops of the Church who act as Vice- Presidents. The object is threefold : (1) Promotion of temperance; (2) Rescue of the intemperate; (3) Removal of the causes of intemperance. Its basis is thus defined : " Recognizing temperance as the law of the gospel, and total abstinence as a rule of conduct essential in certain cases and highly desirable in others, and fully and freely according to every man the right to decide, in the exercise of his Christian liberty, whether or not he will adopt said rule, thi- Society lays down as the basis on which it rests and from which its work shall be conducted, union and co-operation on perfectly equal terms for the promotion of temperance between those who use temperately and those who abstain entirely from intoxicating drinks as beverages." The country is divided into four general departments : (1) Central, including New York, New Jersey and Connecticut, with headquarters at 16 4th avenue, New York City. (2) New England, including Maine, New Hampshire, Vermont, Massachusetts and Rhode Island, with Rev. S. H. Hil- liard, Boston, as the Department Secre- tary. (3) Pennsylvania, including Penn- sylvania, Delaware and Maryland, with Rt. Rev. Bishop Coleman, Wilmington, Del., as Department Secretary. (4) Ohio, including Ohio, Michigan and Indiana, with Rev. E. R. Atwill, D.D., Toledo, 0., as Department Secretary For remedial agencies the Society names the following: (1) The gospel. (2) Coffee-houses as counteractives to saloons. (3) Improved dwellings for the poor. (4) Healthy literature. To help supply the last-named want, it pub- lishes a monthly paper called Temper- ance (New York). Its policy is that of restriction rather than Prohibition. It aims at (1) Prohibition of sale on Sunday. (2) Prohibition of sale to minors. (3) Prohibition of sale to intoxicated persons. (4) High License or tax of $1,000 on every saloon. (5) Only one saloon to each 500 people. (6) Local Option. No pledge is administered to a child without the written consent of his parents. No alternative pledge can be taken until the person subscribing to it is 21 years of age. No life-pledge is given to any. The conditions of membership are, assent to the constitution and the payment of $1 a year. Outgrowths of the Society are ju- venile organizations called the Knights of Temperance and Young Crusaders. The Chairman of the Church Temperance Society is Rev. W. R. Huntington, D.D., Rector of Grace Church, New York. Robert Graham. (Secretary Church Temperance Society.) Cider. — See Vinous Liquors. Cigarettes.— See Tobacco. Civil Damage Acts.— The New York Civil Damage act is representative of all measures of similar character. It provides : "Every husband, wife child, parent, guard- ian, employer or other persori who shall be in- jured in person or property or means of sup- port by any intoxicated person, or in conse- quence of the intoxication, habitual or other- wise, of any person, shall have a right of action in his or her name, against any person or persons who shall, by selling or giving away intoxica- ting liquors, cause tha intoxication, in whole or in part, of such person or persons ; and any per- son or persons owning or renting or permitting- the occupation of any building or premises, and! having knowledge that intoxicating liquors are to be sold therein, shall be liable, severally or jointly, with the person or persons selling or giv- ing intoxicating liquors as aforesaid, for all damages sustained and for exemplary damages; and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parent, guardian or next friend, as the Court shall direct ; and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises." Claret.J 82 [Climatic Influences. "For information of the extent to which the Civil Damage principle is recognized in the statutes of the various States and Territories, see Legislation. Claret. — See Vinous Liquors. Clark, Billy James. — Born in Northampton, Mass., Jan. 4, 1778, and died in Glens Falls, N. Y., March 20, 1867. He was educated at Northampton Acad- emy, studied medicine with Dr. Hicker of Easton, N. Y., and began its practice soon after in Moreau, Saratoga County, N. Y. In 1821 he was a member of the New York Legislature, and in 1848 a Presidential Elector. He was the origi- nator and organizer of what is known as the first temperance society in history. Having read Dr. Benjamin Rush's famous essay on the " Effects of Ardent Spirits upon the Human Mind and Body," Dr. Clark, one evening in March, 1808, called to see his friend in Moreau, Rev. Libbeus Armstrong, and startled him with the declaration : " We shall all become a com- munity of drunkards in this town unless something is done to arrest the progress of intemperance." Mr. Clark proposed the formation of a temperance society, and with the co-operation of Rev. Mr. Armstrong drafted a constitution for " The Union Temperance Society of Mo- reau and Northumberland." This society was organized April 30, 7.808, 43 men signing the roll. They held regular quarterly and annual meetings, and kept up the organization for 14 years. The constitution provided, among other things, that " no member shall drink rum, gin whiskey, wine or any distilled spirits, or compositions of the same or any of them, except by advice of a physician, or in case of actual disease, also excepting at public dinners, under the penalty of 25 cents, provided that this article shall not infringe on any religious rite ; " that " no member shall be intoxicated under penalty of 50 cents," and that " no member shall offer any of the above liquors to any per- son to drink thereof under the penalty of 25 cents for each offense." Climatic Influences. — Wind and weather are two scapegoats that have to bear the blame of countless sins against the health laws of nature. The conse- quences of indoor life in an atmosphere fretting our lungs with tobacco fumes and all sorts of vile gases are ascribed to the influence of the fell March wind. Fast young men suspect a " cold " as the cause of their nervous exhaustion. Gluttons attribute their gastric chills to a draught of cool night air, or a " sudden change in the weather." But the strangest of all climatic delusions is, after all, the theory which explains the intemperance of northern nations as a necessary conse- quence of a low temperature. " Cold weather," our barroom physiologists in- form us, " naturally prompts us to resort to ardent beverages, just as we resort to chimney-fires and warm clothing." " Fire- water " (Spanish, aguardiente) and many similar terms have, indeed, become inter- national synonyms of alcoholic beverages, and together with the caustic taste of such liquors have led to the popular in- ference that alcohol is a chemical fuel, a liquid heat-producer, and under certain conditions a valuable substitute for calo- rific food and warm clothing. The lessons of instinct, however, might help even non- scientific observers to suspect the correct- ness of that conclusion. We may be very sure that among the countless millions of modern topers not one ever began to pre- fer alcohol to more wholesome beverages from a desire to counteract the influence of a low temperature. A ragged child, locked up in a cold room warmed at one end by a feeble fire, and furnished with a few thin blankets and a large variety of ardent liquors, would at once make for the fire-place, and after ex- hausting the supply of fuel would use the blankets to supplement its scant dress; but after tasting the alcoholic samples would at once reject them as useless for any present purposes, unless experiments should suggest the plan of flinging them in the fire. In that way alcohol might be utilized as a fuel, but as a calorific bev- erage it is as unavailable as coal-oil. Up in Manitoba, where the mercury sinks to 55° below zero, and where half-frozen wolves would not hesitate to devour a pan- ful of biscuits or lick up a plateful of milk and sugar, neither hunger nor frost would tempt them to touch a pailful of brandy, though it might prove the only unfrozen fluid for miles around. The reason is that instinct, through the sense of taste, would inform them that fat, starch and sugar are heat-producers and Climatic Influences.] 83 [Coffee-Houses. aliments, but that for the organic pur- poses of the animal system alcohol is as useless as spirits of turpentine. Begin- ners, indeed, are apt to feel chilly after a more than usually large dose of brandy, though years afterwards, when the per- version of instinct has begot a progressive poison habit, alcohol seems to answer the purposes of an organic fuel by initiating the stimulant fever which to the victim of the besetting vice has become a periodic necessity; but for all actual benefit to his system the stimulant dupe might as well have tried to excite that fever by dosing himself with sulphate of quinine. Sci- ence fully explains those facts. The experiments of Prof. Eentz and Dr. Hammond have proved that under the influence of alcohol and similar nar- cotic poisons the elimination of carbonic acid is diminished, the supply of animal heat being thus decreased in proportion to the alcoholic dose. For calorific pur- poses, alcohol is not only inferior to fat, starch and sugar, but even to common spring-water which offers its elements of hydrogen in a far more available form, while brandy merely counterfeits a mo- mentary feeling of warmth (the effect of a scorching irritant) but in its net result does not assist but directly hinders the or- ganic process by which the body main- tains its normal temperature. "Are ar- dent spirits necessary ? " asks Captain Edward Perry, after a 12 years' experi- ence in the coldest climate ever braved by Arctic explorers. " I say decidedly, no. It is said they keep the cold out. I say they do not. They let the cold in." The idea that alcohol counteracts the malarial tendency of a sultry climate is an equally baneful delusion. Every " bitters "- cursed city of our Southern gulf-coast should publish the memorandum of the Eev. James Gregson, a British missionary who passed many years in the lowland regions of Southern Hindustan. " I can appeal to returns," he says, " which have not been collected by rabid bigots but signed by medical officers, and which tell you what I believe to be the honest truth, that India's bottle has buried more than India's sun. The man who goes to Bengal with the notion that he need not relinquish his liquor, will be in danger of having to relinquish his life. Nearly all those cases of so-called heart-apoplexy would more properly be called bottle-apoplexy." The abstinent Arabs have preserved their physical vigor in the burning desert of their native peninsula. How is it that a far more bracing climate has failed to prevent the degeneration of the alcohol- ized Spaniards and Italians ? Shall we adopt the view of a German ethnologist who ascribes that enervation to the lux- uries and vices of the Roman Empire ? In Eome itself that explanation might perhaps hold good; but what about the outlying provinces which, long after the fall of Rome, were conquered by hardy tribes of Northland warriors ? AVhat about Sicily, for instance, where not drunken Romans but abstemious Sara- cens were expelled by a legion of iron- fisted Normans, who, towards the end of the 11th Century, followed Robert Guis- card across the strait of Messina ? It so happens that the descendants of those mail-clad giants can still be traced by their Norman-French names; and it like- wise so happens that an abundance of " good cheap country wine " has turned them into the puniest and sickliest bipeds of the Mediterranean coastlands. Felix L. Oswald. Coffee-Houses.— Coffee-houses as ri- vals of liquor-taverns have been favored almost from the beginning of the active temperance agitation. As early as 1830 and 1831 there was a coffee-house move- ment in Scotland, under the auspices of temperance societies, resulting in the suc- cessful operation of such establishments in nearly all the principal towns and cities, but many of them at that time sold the lighter alcoholic beverages as well as tea and coffee. It was in protest against this practice that the Dunfermline Society, Sept. 21, 1830, formed itself into the " Dunfermline Association for the pro- motion of temperance by the relinquish- ment of all intoxicating liquors," and passed a resolution agreeing " to give no • encouragement or support to any coffee- house established or receiving counte- nance from any temperance society, for the sale of intoxicating liquors." 1 In 1844 2 " the coffee-houses of Glasgow, con- ducted on strict temperance principles, and provided with news-rooms, etc., were in some respects much superior to the 1 Dawson Burns's " Temperance History," vol. 1, p. 48. 2 Ibid, p. 248. Collier, William.] 84 [Commercial Temp. League. coffee-taverns and palaces of the present day." But it is more recently, and in England especially, that the coffee-house has become a prominent feature of the temperance movement. Liverpool, Bir- mingham, Bradford and other large cities in England are plentifully supplied with these places, while in London, where the development has been slower, a large number of establishments have been opened by the Lockhart Coffee-House Company, with the prospect of a rapid increase in the number. Two weekly newspapers in London, the Temperance Caterer and the Refreshment News (the latter the organ of the Coffee-Tavern Pro- tection Society), are especially devoted to the coffee-house movement and its inter- ests. In 1872, Rev. Charles Garrett con- ceived the idea of a coffee-saloon in Liver- pool, which should combine every attrac- tion of the liquor-saloon exceptthe bar, and a company was formed, and such a place, with reading-room attached, was opened near the docks. Refreshments were served at the cheapest rates. The enterprise was so successful that there are at present in Liverpool more than GO of these cocoa- rooms, as they are called, while the British Workman's Cocoa-House Company of Liverpool, which has them in charge, has in no year paid less than 10 per cent, dividends. Coffee-houses were established in Bradford after their success was mani- fest in Liver pool, and the Bradford Coffee- House Company has opened 20 places in that city and its suburbs. Birmingham also is plentifully supplied with coffee- houses, or coffee-house hotels, and they are successful from a business point of view, as well as influential in moulding temperance sentiment. The coffee-house movement has extended into Canada and Australia, but has made little progress 'n the United States. Probably the nearest approaches to the English coffee-house to be found in this country are the temperance restau- rants established in various cities by enter- prising or philanthropic persons, those opened and very successfully managed by Joshua L. Baily in Philadelphia being especially worthy of mention. Collier, William.— Born in Scit- uate, Mass., Oct. 11, 1771, and died in Boston, Mass., March 29, 1843. He learned the carpenter's trade, and after- wards decided to fit himself for the min- istry. He graduated from Brown Uni- versity in 1797, and two years later was ordained as a clergyman. In 1800 he be- came a pastor in New York City, where he remained four years. He had charge of a church in Charlestown, Mass., from 1804 until 1820, and then engaged in mission work in Boston. He was a pioneer in the temperance movement and projected and published ihj first temper- ance newspaper in history — the National Philanthropist, started in Boston in March, 182G. Originally a monthly, it was issued weekly after the first three months and until it was discontinued two years later. This paper bore the follow- ing significant mottoes: "Temperate drinking is the downhill road to intem- perance ; " " Distilled spirits ought to be banished from the land, and what ought to be done, can be done." In 1827 Mr. Collier became the editor of the Baptist Preacher. He also compiled a hymn- book, and edited various works for publi- cation. Colorado.— See Index. Commercial Temper ance League. — I had read the delightful work of Rev. E. E. Hale, entitled " Ten Times One is Ten," and had written a letter to the author, in which I boastingly claimed to be a decided temperance man. His reply contained the following sen- tence : " No man is sure he is temperate himself until he tries to make other peo- ple so." That searching sentence led me to conclude that my temperance principles should be heavily discounted, and I resolved to make an advance. I arranged a meeting with Dr. Hale and a few invited friends on a certain day in 1886, in C. W. Anderson's insurance of- fice, 185 Broadway, New York. Then and there ten of us organized a " Ten Times One is Ten " Club for temperance work. The widespread organization that has sprung from this beginning is appro- priately called the Commercial Temper- ance League. The object of the League is revealed in its mottoes and pledges. The mottoes are the same as those adopted by the King's Daughters : "Look up and not down." " Look forward and not back." " Look out and not in." "Lend a hand." Commission of Inquiry.] 85 [Common Law. Its pledge is two-fold : (1) To drink no intoxicating liquor as a beverage. (2) To try and get ten others to join the League. We consider that a compliance with the first pledge simply gives the person a start, while adherence to the second means an aggressive movement towards the saloon's destruction. The membership cannot be definitely stated. It was over 4,000 prior to Jan. 1, 1890. As a large proportion of its members are commercial travelers, it is difficult to keep track of their move- ments^ Upon the basis of 4,000 mem- bers, if each one should keep both pledges, the number would very soon swell to 40,000. But traveling men are exposed to special temptations, and too many fall by the wayside. As to methods, the League depends largely upon personal solicitation, al- ways, however, insisting upon two things — abstinence and work. All kinds of temperance activity are encouraged, whether on the score of health or economy, philanthropy or morality, religion or politics. Some of the members do plat- form work, others furnish money for the distribution of literature, and all are ex- pected to be supplied with our pledge- cards for use at any time or place. Clubs have been organized in many of the leading cities. Merchants, clerks, com- mercial travelers, manufacturers, lawyers and ministers have identified themselves with the movement. A large number have taken the double pledge, and been redeemed from the drink slavery, and sleepy church-members have been awak- ened to see that they cannot be consistent Christians unless they "lend a hand" toward the obliteration of the alcohol curse. S. A. Haines, President Commercial Temperance League. Commission of Inquiry. — See United States Government and the Liquor Traffic. Common Law. — This term as used in the United States embraces both the common law of England strictly so-called and the acts of theBritish Parliament of a general nature and not inapplicable here, passed before the earliest English immi- grants, who remained permanently here, left their native land on the 19th of De- cember, 1606, in the 4th year of James I. (Bishop's 1st Book of the Law, Sections 50 to 57.) The common law of England blend- ed together the usages and customs of the nations and clans that successively con- quered and inhabited the island of Great Britain, or parts of it. (2 Wait's A. & D., 278.) The earliest decisions made by the Courts of England simply reflected the state of civilization and enlightenment then existing there. These decisions be- came " precedents " or " authority " for subsequent decisions upon the principles involved, and under the rule known as stare decisis the Courts of modern times have followed these early decisions, even in cases where they were contrary to their own notions of right and justice, rather than introduce the element of un- certainty in the law by overruling them and establishing a rule in accord with the advance made in civilization. Hence it has become necessary with every advance made by society in civilization and en- lightenment to change by statutory en- actment some old rule of the common law. This is well illustrated by the legis- lation of modern times on the rights and disabilities of married women. The old common law status of married women has been completely revolutionized by this legislation. The selling of intoxicating liquors was looked upon as a lawful means of liveli- hood by the English people centuries ago when the question first came before the English Courts, and hence unless the place where the intoxicating liquors were sold was conducted in a disorderly man- ner no offence was adjudged to have been committed (Bishop on Crim. Law, Vol. I, Sec. 1113; 2 Kent Com., 12th ed., p. 597 in note; Cooley on Torts, 2d ed., side- page 605, top p. 718 ; 4 Comyns Digest, p. 822; Faulkner's Case, 1 Saunders's Eep., 249 ; Stevens v. Watson, 1 Salkeld's Rep., p. 45 ; King v. Marriot, 4 Modern Rep., 144; Rex v. Inyes, 2 Showers's Rep., 468.) In the case of Commonwealth v. McDonough (13 Allen [Mass.] Rep., 581), decided in 1866, a Boston saloon-keeper was indicted " for the illegal sale and il- legal keeping for sale of intoxicating liquors to the great injury and common nuisance of the citizens of the Common- wealth." After the indictment the stat- ute was repealed under which the indict- ment had been obtained, and so the Common Law.] 86 [Communion Wine. prosecution endeavored to secure a con- viction on the ground that the keeping of a saloon was contrary to the common law. The case was carried up to the highest Court in the State and ably argued. In deciding the case the Su- preme Court said : "It is further contended that the offence set forth in the complaint was a nuisance at com- mon law, and may be punished as such, if it is held that the statute penalty is repealed. No authority is cited in favor of this position, and those which we have examined are opposed to it. In 1 Bishop Crim. Law. Sec. 1,047, it is said that, aside from statutory provisions, a crime is not committed by selling intoxicating liquors. Merchants have always dealt in wines and other liquors in large quantities, without beiDg sub- ject to prosecution at common law. Inn-keep- ing was a lawful trade, open to every subject without license at common law. If he should corrupt wines or victuals an action lay against him. He might recover the price of wines sold by him by action of debt. (Bac. Ah. Inns 8 Co., 147.) So it was lawful to keep an alehouse. (1 Russell on Crimes, 298 in note [2d cd ].) In the argument for the Commonwealth, such places as the defendant is charged with keeping are classed with brothels and gaming-h ousts, and it is argued that they are all equally nuis- ances. But it was not so at common law. Broth- els and gaming-houses were held to be nuisan- ces under all circumstances, but ale-houses were not. unless they became disorderly, and in such cases they were held to be nuisances on account of the disordi rly conduct in them, whether the keeper were licensed or not. As it is not alleged that the defendant kept a disorderly house, he cannot be held guilty of an offence at common law." License laws were first enacted in 1552 by the British Parliament in the fifth and sixth years of Edward VI. (1 Russell on Crimes, 2d ed., p. 298, note.) License laws continued to exist in England at the time our ancestors departed for America in 1606, but the provisions for granting a license were so locally inapplicable to the American colonies that they have never been held to be in force here by any Court in any reported case. From tbe foregoing it will be seen that the common law of the United States on the subject of liquor-selling simply reflects the views entertained on the subject by a half-civilized people ages ago, and that the views of the enlightened people of the United States on the subject can be found only in Constitutional and statu- tory law. As great changes have taken place in public opinion with the advance of civilization in relation to slavery, po- lygamy, lotteries and other things now universally regarded as evils but once considered lawful and right, so it is not surprising that public sentiment has also changed in reference to liquor-selling. Samuel W. Packard. Communion Wine. — The import- ance of the inquiry whether Jesus appoint- ed intoxicating or unfermented wine for the communion service has interested in every age of the Christian Church able leaders who have regarded it a test question as to the purity of Christian morality. While all the leading writers of the first five Christian centuries recog- nized that the wines made, drank and used at the Passover and Last Supper by Christ were the fresh " fruit " of the vine, the difficulty of obtaining such wines in Africa and Northern Europe led no less than twenty fathers of the first five centuries, and, later, men like Photius of the Greek Church in .the 9th Century, Aquinas of the Roman Church in the 13th Century, and Bingham of the English Church early in the 18th Century to an exhaustive study of methods of prepar- ing unintoxicating wines, and to review the discussions and decisions of suc- cessive Christian Councils on commun- ion wine as all-important in Christian morals. Its growing moral bearings, recognized in all branches of the Christian Church, has led on to the exhaustive research which now permits demonstrative conclusions. As the prior question whether Nazarites were to be excluded from the Passover or to be required to violate their pledge of abstinence is settled by the connected records of Numbers, 6th to 18th chap- ters, so Luke's connection, as a Greek physician acquainted with wines, of John's abstinence (1 :15),of popular com- ment on it (7 : 33, 34) and the " fruit of the vine " used at both the Passover and communion observance (22 : 18, comp. Matt. 26 : 29, and Mark 14: 25), is a nec- essary guide to an exhaustive and there- fore conclusive decision as to the wine appointed for the Lord's Supper. With this prior consideration in view, the suc- cessive steps in research are the follow- ing : (1) Christ as a " conforming Jew " must, as to the wine of the Passover, have strictly followed the Mosaic statute and the historic precedent which from the days of Moses to the present time has Communion Wine.] [Communion Wine. ruled the character of wine used in He- brew rites. (See Passover Wine.) (2) The word " wine " is not used in the account of the Supper given by three evangelists; but the term "fruit of the vine" is ap- plied by Luke to the cup of the Passover (22:18), and by Matthew (26:29) and Mark (14:25) to the same cup used at the Communion. (3) At no age, in no land and among no people, as among the Komans under their Republic, especially for two centuries before Christ, was the method of preserving wines free from in- toxicating ferment so studied and prac- ticed; while no class of men were so true to moral virtue as were the Roman Cen- turions mentioned in the lives of Christ and of his Apostles; a fact noted by Matthew as a reproof to his countrymen (8:10; 27: 54), and especially repeated by Luke, who wrote for cultured Greeks (7:2,4,5,9; 23:47; Acts 10:1, 2, 7,34, 35 ; 21 :32 ; 22 :25, 26 ; 23 :27 ; 27 : 1, 3, 43 ; 28 : 16). (4) The fact that from the time of his making " fresh wine," Greek " ka- lon " (John 2 : 10) for a wedding, to his re- jection of wine on the cross, Jesus drank only the unintoxicating fresh product of the grape, confirms not only the former facts stated, but the added fact that the wine of Christ's Supper was the fresh product of the grape. (5) The allusions of Paul, the first to give a written account of the Lord's Supper (1. Cor. 11: 20-26), have by the ablest Christian scholars, from the 2d to the 19th Centuries, been declared to have been conformed to Christ's example, for these reasons : First, Corinth furnished then, and the Greek Isles now export, preserved unfermented wine ; Second, The term " wine " is not used by Paul, as it was not by Christ; Third, The beverage in "the cup" is supposed to be familiar. The Greek verb " methuo," found seven times (Matt. 24:49; John 2:10; Acts 2:15; 1 Cor. 11:21; 1 Thess. 5:7; Rev. 17:2, 6), means "surfeit," not drunken, as does the noun "methusma" in the Greek translation of Hos. 4:11; the contrast in 1 Cor. 11 : 21 being with " hungry," and clearly relating to food, not to articles of drink. The facts as to the JN'ew Testament record relating to "communion wine" are confirmed in each age succeeding the day of Christ and his Apostles. Cle- ment in Egypt in the 2d Century alludes to the Christian " Enkratites " or total abstainers; who, living in lower Egypt, had no vines; and who, citing the fact that in 1 Cor. 11 Paul does not mention wine but only " the cup," used water at the Lord's Supper. He mentions Greek sects as the Pythagorians, who drank no wine, but cites David's pare beverages, the fresh product of the grape; he de- clares that the cup of the Lord's Supper is the " blood of the grape-cluster," and, stating that the wine Christ made at the wedding was the same, he repeats Christ's words thus: "This is my blood, the blood of the vine," as alluding to John 15 : 1, in the figures " I am the vine, and ye are the branches." Origen, in the opening of the 3d Century, alludes to three kinds of wine: the ordinary in- toxicating wine, the wine diluted with water, and the " sweet nectar " of Homer and of the Greeks, which he declares is Christ's appointment. Cyprian, at Car- thage in Northern Africa, in the middle of the 3d Century, cites Melchisedech, quoted by. Christ and Paul as well as David (Psa. 110: 1,4; Matt. 22: 44; Heb. 5:6; 6:20; 7: 17, 21) as prefiguring his sacrifice, and so his memorial Supper (Gen. 14:18); and, quoting Gen. 49: 11, he asks, " When here the blood of the grape is mentioned, what else than the wine of the cup of the Lord's blood is set forth ?" He cites David's beverage of fresh grape juice in his shepherd life (Psa. 23 : 5), and the wine made fresh and declared " the best " {optimum in Latin) as that used at the Supper. Zeno, at Verona in Northern Italy, in the 3d Cen- tury, states that the cup of the Lord's Supper was fresh " grape-juice " (mur- ium) ; he declares that it was the simple beverage of Melchisedech, Abraham, Jo- seph and Jesus in Palestine, and also like the Grecian " gleukos " referred to Acts 2:13. Ohrysostom, court-preacher at Constantinople at the close of the 4th Century, condemning the custom of wine- drinking meets the objection that it was appointed for the Lord's Supper; and de- clares that Christ, foreseeing this perver- sion, was careful in selecting the terms, " I will drink no more of the fruit of this, the vine." Jerome, who spent 30 years in Palestine at the close of the 4th and the opening of the 5th Century, that he might see, in the land where Jesus lived, and verify every fact in his history, Communion Wine.] [Compensation. says of the wine of the Supper, citing Christ's words " The fruit of the vine," that it was fresh from the noble vine (Gen. 49 : 11), and like the " tirosh " of Hos. 2 : 8, 9, 22. Augustine, going from Kome as a gospel herald to. Carthage early in the 5th Century, meeting the dif- ficulty of providing fresh wine for tlie Lord's Supper and the perversion made of Christ's appointment, alludes to Vir- gil's mention in his Georgics of the sim- ple country provision of "milk, honey and must." He cites the -"tirosh" blessed by Isaac, as Christ's beverage ; and he declares that the cup of the Lord's table is what a little child may drink. In successive ages since these early Christian leaders saw how vital the ques- tion whether Jesus was behind the Greek and Eoman patriots of his day in guard- ing his followers from perversion of his example and appointment, profound and conscientious scholars in every branch of the Christian Church, in lands where the vine and its richest fruits were not, as in Palestine, native to the cli.me, have reviewed all this testimony. Thus, Pho- tius, a leader in the separation between the Greek and Eoman Churches in the middle of the 9th Century, in main- taining the custom of the Eastern Church, which administers the cup even to children, comments as a native Greek on Christ's words as to " new wine " and " the fruit of the vine " as taught in all former and subsequent ages. Aquinas, born in Italy but spending his early life in France and Western Germany, is called to remonstrate against the wine sometimes used; and retraces at great length the Old and New Testament his- tory, showing that Christ used in his Supper fresh " wine of the vine;" urging that " True wine can be carried to those countries where there are no wines, as much as is sufficient for the sacrament," and stating that where grapes of inferior quality grow, as on the Ehine, " This sacrament can be observed with must," since " must has already the character of wine." In the differences that arose between the Protestant Episcopal Church and the various dissenting churches in the close of the 17th and the opening of the 18th Centuries, a thorough and exhaustive review of former authorities was made by Poole, as a scholarly and uncontroversial dissenter, and by Bingham of the Estab- lished Church of England ; both reaching like conclusions. The earnest spirit of Whitefield and Wesley reviewed a little later the call for a return to a pure, un- intoxicating wine for the Lord's Supper; and in the early part of the 19th Century Adam Clarke wrought conclusions of former scholars into his commentary. At the era of its publication, many con- scientious Christian leaders, who from the era of Whitefield's first visit had longed and labored in New England for a return to Christ's pure appointment, found in Moses Stuart an intelligent ad- vocate, though his declining age forbade exhaustive research. In 1829, John N. Barbour of Boston imported f:om the Grecian Isles, in bottles, pure wines, which when analyzed by the eminent Dr. John A. Warren were found free from alcohol. The progress of the popular demand by reformed inebriates, like Gough, and. by students like Lees of England and Nott and others in the United States, has steadily confirmed the truth taught bv Christ, and has pro- moted the " grace " which his example and his appointment have inspired. The special confirmation which the monu- ments of Egypt have given as to the early method of preparing and preserving un- fermented wine, and the reopening of Palestine for the repetition of the stud- ies of Jerome, and, yet more, the revival in Italy aud Spain, as well as in Califor- nia, of ancient methods, has facilitated the return to the use of unfermented wine at the Lord's Supper specially sought in Great Britain and America by reformed inebriates. G. W. Samson. Compensation. — One of the most perplexing questions arising after the Prohibition movement was fairly inaugu- rated was, Should liquor-manufacturers and sellers be reimbursed for their losses when their traffic is forbidden and their business establishments are closed? In the "United States it was not until forty years of Prohibitory legislation had. elapsed that the question was definitely disposed of by the Court of last resort. Meanwhile decisions for and against the principle of compensation were made by minor Courts; but by common consent the question was held in abeyance every- where in the country throughout this Compensation.] 89 [Compensation. period. Although it was much discussed by individual writers — and even some Prohibitionists maintained the affirmative view ' — it is a remarkable fact that no de- finite political following or championship of an important nature was ever com- manded by the advocates of compensation in the "United States. While the liquor- sellers readily secured partisan support for their offensive and defensive schemes in relation to every other phase of policy, they could not persuade political leaders to make a popular issue of the one pro- gramme whose acceptance was essential to the welfare of the traffic. These lead- ers were frequently prepared to stand or fall in opposing Prohibition or Local Option, or in urging even the most scan- dalous of license bills. They were pre- pared to become responsible for elaborate and unscrupulous plans to defeat ad- vanced legislation and protect the licensed dealers. But in spite of the powerful and persevering resistance of political parties, Prohibitory systems were adopted, costly manufacturers' plants became all but worthless, liquors were seized and de- stroyed and wholesalers and retailers suf- fered very heavy pecuniary losses ; while even the most faithful political friends of the traffic made no formal effort of im- portance to award damages. UNPOPULARITY OF COMPENSATION". This disinclination to take partisan ground in favor of indemnifying dis- possessed license-holders was occasioned by the strong repugnance to compensation prevailing among the people. A compen- sation clause attached to any Prohibitory, Local Option or restrictive license act would have been the most effectual pro- vision that could have been devised for preventing popular consent to the anti- license policy ; but it was unavailable be- cause the device was exceedingly dis- tasteful to the general public. When the Pennsylvania Legislature, in January, 1887, was preparing to submit to the peo- ple the question of adding a Prohibitory Amendment to the State Constitution, the caucus of the dominant party (Jan. 4) voted to submit for popular decision at the same time a clause providing "That compensation shall be made out of the public treasury to all owners or lessees of real estate lawfully occupied or used con- 1 Notably the late W. H. H. Bartrarn. tinually from April 1, 1887, until the final adoption of this Amendment, for the manufacture and sale of intoxicating liquors as a beverage so far as the said real estate shall be injured by the adop- tion of the foregoing Prohibition Amend- ment; and the General Assembly shall provide by law for a true and just valua- tion and the payment of losses so sus- tained." The Pennsylvania act of sub- mission was framed and carried through the Legislature by very shrewd partisan leaders, who subsequently showed that they were ready to use any expedient means for protecting the traffic ; but they quickly withdrew their compensation proviso. The caucus eliminated it from the act of submission on Jan. 24. Again, in Nebraska (February, 1887) and in Il- linois (March, 1887) it was proposed by legislative leaders to submit Prohibitory Amendments conditioned on compensa- tion, but these schemes came to nothing. Indeed, actual compensation has never been granted as an incident of Prohibi- tory laws in the United States, 5 and the sense of the people upon the question has been so well understood that no em- phatic expression of it has been invited. Popular objection to compensation has naturally been based chiefly on reasons of economy. The policy if applied in any State would enormously increase the pub- lic budget and taxation — all for the bene- fit of a single class, a class regarded by most citizens as particularly undeserving, corrupt and even criminal. It was not needful for one to be a Prohibitionist to oppose compensation on economical grounds. Besides, the compensation prin- ciple, if approved, would have to be ob- served under license as well as under Prohibitory systems. Should it be de- sired to restrict the number of licenses in any community the restriction would have to be attended by compensation to all licensed dealers deprived of their for- mer privileges. Since it was universally recognized that no efforts to abolish the license system or even to reduce the ag- gregate number of saloons could be made wuh satisfactory prospects of success if compensation were indispensable, the ad- vocates of restriction and other conserva- tive temperance people were equally in- 2 In some towns, however, liquor-sellers have been paid sums of money from local public funds or by private indi- viduals, in consideration of their willingness to surrender their UcenseB and quit business. Compensation.] 90 [Compensation. terested with the Prohibitionists in re- sisting the liquor-sellers' demands. But the expediency argument was far from representing the strongest objections entertained by uncompromising antago- nists of the traffic. Thomas Carlyle's re- tort to the publican's plea for compensa- tion, " Go to thy father the devil for com- pensation ! " was the answer that temper- ance radicals were disposed to give. If it was urged that the Government, having become a partner in the licensed liquor business and shared the proceeds, was in honor bound to pay losses incurred by in- dividual liquor-sellers upon discontinu- ance of the partnership arrangement, it was answered that the Government had suffered incalculably in tolerating the saloons and, being a loser by the bargain, had no debt to discharge; that such a traffic ought to be dealt with as a robber and not as a producer ; that the Govern- ment, by making licenses subject to revo- cation for various causes, and by holding itself in readiness to prohibit the business altogether at the call of public sentiment, had served the liquor-sellers with notice to quit, and that since all licenses expired annually and were granted from year to year as special and temporary privileges, there could be no " vested rights," prop- erly so-called. EARLY JUDICIAL UTTERANCES. In the early stages of the Prohibitory agitation, prestige was given to the most radical claims of the liquor traffic's ene- mies by the very impressive language used by Justices of the United States Supreme Court in deciding the celebrated " License Cases" of 1847. (See 5 Howard, 504.) In separate opinions filed by the individual justices in passing upon these cases, the right to prohibit the traffic was thoroughly sustained. Although there was no formal discussion of the compensation question the failure of the Court to raise this question as one legitimately demanding consideration in a review of the general principles involved was highly significant. Indeed, it was unmistakably to be inferred from the tenor of the Justices' written opinions, that the claim of liquor-sellers to compensation was not recognized by the Court at that time. " The acknowl- edged police power of a State," said Jus- tice McLean, "extends often to the de- struction of property. A nuisance may be abated. Everything prejudicial to the health or morals of a city may be re- moved." "If a loss of revenue should accrue to the United States from a di- minished consumption of ardent spirits," said Justice Grier, " she will be the gainer a thousand-fold in the health, wealth and happiness of the people." In 1856 the New York State Court of Appeals, in its decision in the case of People v. Wynehamer pronouncing the New York Prohibitory law unconstitu- tional, held that an act operating to de- stroy existing property in liquors was in violation of the provision of the State Constitution that no person should be de- prived of property without due process of law. This view of the Court applied, however, only to liquor property actually existing at the time of the passage of the Prohibitory act ; and the Court was of the opinion that a Prohibitory statute would be valid in principle if operating against prospective and not against existing liquor property. The implication was that the failure to make compensation for property destroyed or injured by the act was, in the opinion of the New York Court of Appeals, sufficient justification for con- cluding that "due process of law" had not been provided for by the framers of the legislation in question. But even this Court avoided direct discussion of the compensation issue. JUDGE BREWER'S DECISION. It was not until 1886 that the argument for compensation was explicitly defined by a judicial decision of first-rate respec- tability. In the 39 years that had passed since the " License Cases " were before the United States Supreme Court, condi- tions had been altered by the adoption (1868) of the 14th Amendment to the Federal Constitution, declaring in part that " No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property without due process of law ; nor deny to any per- son within its jurisdiction the equal pro- tection of the laws." The terms of this Amendment were made the basis for a sweeping decision by the Hon. David J. Brewer, Judge of the 8th Circuit Court of the United States. " In the case of the State of Kansas, ex rcl, v. John Walruff, Compensation.] 91 [Compensation. et al, Jan. 21, 1886, Judge Brewer held that while the State could unquestionably prohibit the manufacture and sale of liquors for beverage purposes, such pro- hibition, if unaccompanied by provisions for compensating the owners of existing liquor propeity, would not be in accord- ance with "due process of law." John Walruff: was a brewer, who between 1870 and 1874 had erected an establishment at Lawrence, Kan., which was worth $50,000 for the purpose of brewing beer, and worth not more than $5,000 for any other purpose. The State of Kansas, in 1880, adopted a Prohibitory Amendment to its Constitution, and subsequently an en- forcement statute. Walruff accordingly claimed damages in the amount of $45,000. Judge Brewer, in this celebrated case, argued that WalrurFs liquor property had been " acquired under every solemn un- limited guaranty of protection to property which Constitutional declaration and the underlying thought of just and stable government could give ; " that " debarring , a man by express prohibition from the use ' of his property for the sake of the public is a taking of private property for public uses;" that "national equity as well as Constitutional guaranty forbids such a taking of private property for the public good without compensation," and that the confiscation of Walruff's brewing property was no more to be justified on strict legal grounds than the confiscation of a glucose factory, a concern for the manufacture of playing cards, or even a flouring mill would be in the event of legislative Pro- hibition of such manufacturing enter- prises. The significance of the Walruff decision was heightened by important circum- stances. It was delivered by a Federal Court standing next in authority to the Supreme Court. Judge Brewer was a Eepublican and a citizen of Kansas; moreover, as a member of the Kansas Supreme Court he had given his voice for sustaining the Prohibitory law on various Constitutional grounds ' — yet for the sake 1 But Judge Brewer was equally outspoken for compen- sation when on the Kansas Supreme Bench. In January, 1883, in the case of Kansas v. Peter Mugler (29 Kansas 152), although all the other Judges fully sustained the Prohibitory law, Judge Brewer filed a dissenting opinion, advocating compensation. In it occurred several remark- able words which were afterwards cited by the Prohibi- tionists as evidence that he was actuated by intolerance. " But as to the case in which the charge is of manufac- turing beer," said he, " and without regard to the pur- of the compensation principle he ventur- ed to take issue with the policy of his party and the strong public sentiment prevailing in Kansas, and to champion a programme which, if established, would render his other decisions on the Prohibi- tion question all but worthless in prac- tice. More interesting than anything else was the knowledge that the compen- sation question was now regarded by the United States Supreme Court with pro- found and apparently portentous seri- ousness. In the case of Bartemeyer v. Iowa (18 Wallace, 129) the Supreme Court had said : ' ' But if it were true, and it was fairly pre- sented to us, that the defendant was the owner of the glass of intoxicating liquor which he sold to Hickey at the time that the State of Iowa first imposed an absolute Prohibition upon the sale of such liquors, then we concede that two very grave questions would arise, namely: First, whether this would be a stat- ute depriving him of his property without due process of law; and, secondly, whether if it were so, it would be so far a violation of the 14th Amendment in that regard as would call for judicial action by this Court. "Both of these questions, whenever they may be presented to us, are of an importance to require the most careful and serious considera- tion. Theyarenot to be lightly treated, nor are we authorized to make any advance to meet them until we are required to do so by the du- ties of our position." And in the case of Beer Company v. Massachusetts (97 U. S., 25) the Supreme Court had used these still more suggestive words: " We do not mean to say that [liquor] prop- erty actually in existence, and in which the right of the owner has become vested, may be taken for the public good without compensa- pose for which it was manufactured, while I do not care to formally dissent I must say that my mind is not fully satisfied. The defendant may have manufactured the beer for his own consumption. It certainly is not shown or alleged that he did not, and in a criminal proceeding it is not to be presumed that the defendant has done wrong. And I have yet to be convinced that the Legislature has the power to prescribe what a citizen shall eat or drink, or what medicine he 6hall take, or prevent him from growing or manufacturing that which his judgment ap- proves for his own use as food, drink or medicine.' 1 The raising by the Judge of a most unreasonable supposition in the brewers' favor, and the employment by him of lan- guage closely resembling that appearing in lL personal liberty" arguments, excited severe criticism. Judge Brewer was transferred to the United States Cir- cuit Court soon after he gave his dissenting opinion in this case. It was charged by the Topeka Capital, chief Republican newspaper of Kansas, Jan. 26, 1886, that his promotion was due to the representations in his favor made to President Arthur by Senator Vest (Dem.), leading counsel of the brewers. (See the Voice for Jan. 16, 1890.) Upon his elevation to the Supreme Bench of the United States, Judge Brewer made a statement to a newspaper correspondent reviewing his connection with the compen- sation cases. He recited the facts but expressed no regret for his action. , (See the Voice for Jan. 9, 1890.) Compensation. J 92 [Compensation. tion, but we infer that liquor in this case, as in the case of Bartemeyer v. Iowa, was not in ex- istence when the liquor law of Massachusests was passed." THE COMPENSATION" CASES IN THE UNITED STATES SUPREME COURT. For nearly two years after the Circuit Court's decision in the Walruff case, the Supreme Court refrained from giving its judgment. In October, 1886, how- ever, the Iowa cases of Schmidt Bros. v. E. M. Cobb, and Arthur O'Malley v. J. P. Farley, involving the question of com- pensation, were passed on by the Su- preme Court (119 U. S., 286). At that time one of the nine Justices of the Court (Woods) was incapacitated by sick- ness from joining in consideration of the cases, and the other eight Justices were equally divided. This equal division of the Supreme Court only 14 months previously to its emphatic and all but unanimous denial of the right to com- pensation, is one of the most curious facts in the history of judicial treatment of the Prohibition issue. 1 In the spring of 1887 two cases car- ried up from the Kansas Supreme Court which that tribunal had decided adversely to the interests of Peter Mugler, brewer, were argued in the United States Su- preme Court. Senator George G. Vest (Dem.) of Missouri, employed by the United States Brewers' Association, rep- resented the liquor side, and tue argu- ment of the Prohibitionists was presented in a brief prepared under the direction of Attorney-General Bradford of Kansas. After the hearing of the Mugler cases it was by mutual consent arranged that another Kansas Prohibition case, that of 1 Besides the compensation question, the legality of closing liquor establishments by injunction proceedings was involved in the Iowa cases of 1886. It may even be true that the injunction question was a more prominent feature of these cases than the compensation question. But stress was laid on the compensation argument by Cobb's counsel, who said, in their brief: "Now whilst by no means conceding the correctness of the decision in the Walrufl case [which involved the ques- tion of compensation solely— Ed.] the distinction between that case and thiB is world wide. In that case the County Attorney was proceeding to abate and shut up a $50,000 brewery as a nuisance, and to absolutely prohibit the further manufacture of beer in that establishment^thus of course destroying the business of the owner and ren- dering the whole property comparatively worthless. In the casi. at bar the appellants are sought to be enjoined from keeping a saloon in one corner of their $10,000 brew- ery establishment and from selling beer therein at retail— this and nothing more. No attempt is here made to arrest the operation of appellants' brewery, and the suppression of their saloon would no more interfere with the sale of beer by appellants at wholesale than the suppression of any other one of the 800 saloons . . . supplied with beer by appellants." Ziebold & Hagelin, brewers (appealed by the State of Kansas from Judge Brewer's Circuit Court), should be advanced on the docket of the United States Supreme Court so that a decision in it might be reached with that in the Mugler cases. The Court listened to further argument on the 11th of October, 1887, the Hon. Joseph H. Choate (Rep.), of the eminent New York law firm of Evarts, Choate & Beaman, appearing for the brewers. The Prohibitionists were not represented by counsel. It was afterwards shown that the brewers had managed their interests before the Supreme Court with consum- mate skill. Mr. Choate's services had been engaged secretly, and it was not known that he was in the employ of the brewers until his argument had been made. Mr. Vest was paid a fee of $10,- 000, and Mr. Choate received $6,144.90. * On the other hand the arguments of the Prohibitionists were not adequately pre- sented. After the hearing on the 11th of October an effort was made by Samuel W. Packard of Chicago, representing the National Prohibition party, to induce the Court to reopen the cases and hear addi- tional argument, but the Court refused, Mr. Choate, in urging the claims of Ziebold & Hagelin, set up the following plea: "In 1871, while as yet beer was as muchapart of the daily food of the people of Kansas as bread and meat, they purchased a brewery in that State, of which the7 were citizens, invest- ing in it their entire property. From time to time they enlarged and improved it, adding largely to their investment Meanwhile the taxes on their property and business contributed to the support and welfare of the State, as the products of their brewery did to the wholesome sustenance of its inhabitants. It was a peaceful and legitimate industry, as beneficent as the bakers' or the butchers', contributing to the community what for centuries had been a staple beverage of the Anglo-Saxon race." SWEEPING DECISION AGAINST COMPEN- SATION. On the 5th of December, 1887, the Su- preme Court announced its decision in the two Mugler cases and the Ziebold & Hagelin case. The eight Justices who had participated ,n the " divided " opin- ion of the Court in the Iowa cases in Oc- tober, 1886, were still on the bench. Meantime Justice Wood had died and 2 Report of proceedings of the United States Brewers' Association, held at St. Paul, May 30 and 31, 1888. Compensation.] 93 [Compensation. his place had not been filled. Justice Harlan read the decision, which was con- curred in by Chief-Justice Waite and Justices Miller, Bradley, Matthews, Gray and Blatchford, Justice Field alone dis- senting. * The principles laid down thus received the sanction of the highest Court by a vote of seven to one ; and three of the seven Justices promulgating these principles had radically changed attitude in 14 months. The compensation idea was rejected in explicit and solemn lan- guage, and Constitutional questions scarcely less important than the question of compensation were decided in the inter- est of the Prohibitionists — particularly those affecting the right of a State to prohibit the manufacture of liquor for the maker's own use,, and to enact a law providing for closing liquor premises as nuisances without jury trials. The fol- lowing words from the decision embrace the answer of the Court to the compensa- tion argument : "Keeping in view these principles as govern- ing the relations of the judicial and legislative departments of Government with each other, it is difficult to perceive any ground for the judi- ciary to declare that the prohibition by Kansas of the manufacture or sale within her limits of intoxicating liquors for general use there as a beverage, is not fairly adapted to the end of protecting the community against the evils which confessedly result from the excessive use of ardent spirits. There is here no justification for holding that the State, under the guise merely of police regulations, is aiming to de- prive the citizen of his Constitutional rights; for we cannot shut out of view the fact, within the knowledge of all, that the public health, the public morals and the public safety may be endangered by the general use of intoxicating drinks; nor the fact, established by statistics ac- cessible to every one, that the disorder, pauper- ism and crime prevalent in the country are in some degree at least traceable to this evil. "The principle that no person shall be de- prived of life, liberty or property without due process of law, was embodied, in substance, in the Constitutions of nearly all, if not all, of the several States at the time of the adoption of the 14th Amendment, and it has never been re- garded as incompatible with the principle, equally vital, because essential to the peace and safety of society, that all property in this country is held under the implied obligation that the owner's use of it shall not be injurious 1 Justice Field was the only Democrat sitting on the Su- preme Bench at that time. He was an uncle to Judge Brewer. He had made a record as a consistent advocate of compensation. (See his opinion in the case of Bartemeyer v. Iowa, 18 Wallace, 129.) In the nephew's decision in the WalrufE case, the only positive opinion from a Supreme Court Justice fully supporting his views that he was able to quote, was an opinion delivered by Justice Field. to the community. (Beer Company v. Massa- chusetts, 97 U. S. 32; Commonwealth v. Alger, 7Cush. 53.) . . . " The question now before us arises under what are strictly the police 'powers of the State, exerted for the protection of the health, morals and safety of the people. . . . " As already stated, the present case must be governed by principles that do not involve the power of eminent domain, in the exercise of which property may not be taken for public use without compensation. A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals or safety of the community, cannot in any just sense be deemed a taking or an appropriation of property for the public benefit. Such legislation does not disturb the owner in the control or use of his property for lawful purposes, nor restrict his right to dispose of it, but is only a declaration by the State that its use by any one for certain forbidden pur- poses is prejudicial to the public interests. Nor can legislation of that character come within the 14th Amendment in any case, unless it is apparent that its real object is not to protect the community or to promote the general well- being, but, under the guise of police regulations, to deprive the owner of his liberty and property without due process of law. ' ' The power which the States unquestionably have of prohibiting such use by individuals of their property as will be prejudicial to the health, the morals or the safety of the public is not, and — consistently with the existence and safety of organized society cannot be bur- dened with the condition that the i tate must compensate such individual owners for pe- cuniary losses they sustain, by reason of their not being permitted by a noxious use of the> property to inflict injury upon the community. The exercise of the police power by the destruction of property which is itself a public nuisance, or the prohibition of its use in a particular way, whereby its value becomes depreciated, is very different from taking property for public use. or from depriving a person of his property without due process of law. In the one case, a nuisance only is abated ; in the other, unoffending property is taken away from an innocent owner. " It is true that when the defendants in these cases purchased or erected their breweries, the laws of the State did not forbid the manufacture of intoxicating liquors. But the State did not thereby give any assurance, cr come under an obligation, that its legislation upon that subject would remain unchanged. Indeed, as was said in Stone v. Mississippi, 101 U. S., the supervision of the public health and the public morals is a governmental power, 'continuing in its nature,' and ' to be dealt with as the special exigencies of the moment may require; ' and that ' for this purpose the largest legislative discretion is al- lowed, and the discretion cannot be parted with any more than the rjower itself.' So in Beer Company v. Massachusetts (97 U. S. 32): ' If the public safety or the public morals require tiie discontinuance of any manufacture or traffic, the hand of the Legislature cannot be stayed from providing for its discontinuance by any Compensation.] 94 [Compensation. incidental inconvenience which individuals or corporations may suffer.' " [For the text of the decision in the Kansas cases, see 123 U. 8., 623. See also " The Great Prohibition Decision; with introduction and annotations by Hon. S. W. Packard." (Funk & Wagnalls, New York, 1888.) For notable State Court decisions against the right of com- pensation see 69 Iowa, 401 ; 72 Iowa, 377, and 3 Michigan, 330.] England's compensation struggle. In England the compensation question has been warmly debated and seems to be settled in the negative. Lord Salis- bury's powerful Conservative ministry, in April, 1888, introduced a Local Govern- ment bill of which an important feature was a provision for recognizing a vested interest in existing licenses by granting compensation to liquor-sellers whose ap- plications for renewals should be refused. The plan was skilfully presented, and so unexpectedly that both the House of Commons and the country were taken by surprise. The temperance people at first manifested but little disposition to organ- ize a determined and an aggressive oppo- sition; it seemed idle to hope that a Government measure backed by an enor- mous majority in the House of Commons could be defeated by popular agitation. Some able articles written by Mr. Axel Gustafson directed popular attention to the strongest arguments against compen- sation. Mr. Gustafson challenged the Solicitor-General (who was the projector of the measure) to discuss vital proposi- tions, and especially to consider prece- dents. This official responded, and sev- eral letters were exchanged, appearing in the columns of the Manchester Guardian. Mr. Gustafson showed that no Superior Court in England, in passing on refusals of licensing magistrates to renew licenses, had recognized that liquor-sellers had a vested interest in their licenses. Lord Chief-Justice Cockburn had said, in the Court of Queen's Bench, May 18, 1878: " According to the act of 1828 the Justices have the same discretion to refuse a renew- al as they had to refuse granting a new license." Mr. Justice Field, in the Court of Queen's Bench, November, 1882, had said : " In every case in every year there is a new license granted. You may call it a renewal if you like, but that does not make it an old one. The Legislature does not call it a renewal. The Legisla- ture is not capable of calling a new thing an old one. The Legislature recognizes no vested right at all in any holder of a license. It does not treat the interest as a vested one in any way." And Baron Pollock had said- in the Court of Queen's Bench, Jan. 31, 1884 : " The notion that there is a property of the landlord in a license cannot be considered as sound law." In fact, while the agitation upon the Local Government bill was pending (April 30, 1888) Lord Field and Mr. Jus- tice Mills decided, in an appeal case, that the possession of licenses established no vested rights. The recognition of the unsoundness of the compensation argu- ment was so well founded in English jurisprudence that Mr. Nash, barrister-at- law and counsel to the Licensed Victual- lers' Association, had said : " Now, I am sorry to say, having looked into this ques- tion most exhaustively, and having com- pared notes with my brethren well versed in these matters, that there cannot be the smallest doubt that in the strict senss no such thing as a vested interest exists. . . The mere mention of the term ' vested in- terest ' should be avoided, as it infuriates every Court, from the Queen's Bench downwards " * The popular opposition to the bill grew rapidly and the United Kingdom Alliance and other temperance organizations (at first reluctant or despair- ing) were persuaded to fight it with their whole strength. A magnificent and won- derfully enthusiastic meeting in the Man- chester Free Trade Hall, presided over by Sir Henry Roscoe, aroused the country. It was followed by other great gatherings, and the agitation culminated in an extra- ordinary demonstration in Hyde Park, London, on June 2. The strength of the opposition was so formidable that in two bye-elections for Members of Parliament the Government was defeated on the com- pensation issue, a Conservative majority of GG8 at Southampton being changed to a Liberal majority of 885, and a Govern- ment majority of 1,175 at Ayr Boroughs giving way to an adverse majority of 63. The remarkable showing of popular in- dignation caused the Government to withdraw the compensation clauses un- conditionally. But in the spring of 1890 the scheme 'These different quotations are taken from Cardinal Manning's article "Compensation," in the Contemporary lieview for June, 1890. Compensation.] 95 [Compensation. was revived by the Salisbury Ministry. A bill drawn even more cunningly than the one presented in 1888 was introduced in the House of Commons and passed on second reading by a majority of 73 (May It was pretended that the real object of .the bill was to reduce the number of licenses and thereby " promote temper- ance." Mr. Goschen, Chancellor of the Exchequer, in an imposing speech analyz- ing the budget figures, had shown that the Government revenues from the drink traffic were increasing at an enor- mous rate, and that of a surplus revenue of £3,200,000, £1,80.0,000 was due to the increase from liquor sources. The Con- servative statesmen professed great con- cern at this state of affairs, indicating as it did (in their judgment) an alarming growth of intemperance among the peo- ple. Therefore they announced their in- tention, as self-styled friends of temper- ance, to bring about a diminution in the number of public houses (particularly in the number of beer-shops) and to forbid the issuing of additional licenses. It was strenuously and arrogantly claimed that these were the fundamental objects of the bill, and that the whole measure was there- fore a temperance measure. But it was further provided that the owners of all licenses extinguished by the terms of the bill should be granted compensation from the public funds for their losses; and the sum of £440,000 was set apart from the liquor revenue, to be distributed pro rata to the various counties, and applied for buying out licensees. The Conservative leaders and their newspaper organs claimed that this provision for compensa- tion, besides being equitable, was thor- oughly unobjectionable, because the whole of the money used for compensating liquor-sellers would be drawn from the liquor revenue. Mr. Ritchie, in setting forth the merits of the bill in the House of Commons (May 12), made this curious plea : " It must be remembered, whether our purposes be good or bad, our details right or wrong, this money is raised from drink for the purpose of diminishing the sale of drink." The temperance people who fought the measure were savagely denounced, notably by the London Times, as "intemperate temperance fanatics," bent on a policy of " spoliation " and chargeable with responsibility for resisting a wise and practical plan for reducing the drink traffic. Temperance opposition was instanta- neous. Mr. Gladstone and the Liberals were quick to espouse the anti-compensa- tion cause in the House of Commons. The real purposes of the Conservatives were exposed in many striking speeches. "No valid precedent for compensating publicans can be brought forward, and, therefore, the Government is endeavoring to make a precedent," said W. S. Caine, M. P. " If compensation is once estab- lished," he added, " the difficulties of the temperance people will be increased ten- fold, and a solid wall of 200,000,000 sovereigns will be built across a path which is now clear and unobstructed." 1 Mr. Caine in very effective language called attention to the hollow mockery of the Government's claim that its desire was to reduce the number of liquor licenses. For example, the amount of money to be ap- plied in London for closing public houses by purchase would be, under the provi- sions of the bill, only £60,000; and Mr. Caine had ascertained by conclusive in- • quiries that the lowest average valuation of public houses in London entitled to sell liquor for consumption on the prem- ises was about £5,000 ; so that the Govern- ment's bill, if enacted, would extinguish only 12 drinking-places in the entire city of London. Mr. Gladstone and others fittingly characterized the bill as one "for the "endowment" of drink-traffickers. Mr. Gladstone showed that if the bill should become a law the value of every public house would immediately be ma- terially enhanced. In a speech in the House of Commons (May 22), answering the Tory claim that the real purpose was to reduce the number of drink-shops, he used these striking words : " The diminu- tion in the number will not entail a cor- responding diminution in the drink traf- fic. The business of the remaining houses will be increased [Hear, hear], and it will be enlarged to the full extent of the ap- parent numerical diminution of the houses. [Hear, hear.] " In conclusion ne spoke impressively of the disastrous influ- ence that compensation would have upon the progress of the temperance reform, saying that it would " throw back for, per- haps, an indefinite period, the cause 1 It was estimated that £200,000,000 was the amount of capital invested in the liquor traffic in Great Britain. Congo, Bum on the.] 96 [Congressional Temp. Society. wnose progress we have observed and registered from day to day, and in the great future triumph of which we have undoubting confidence. [Loud cheers.] " The result of the second effort of the Salisbury Government to force compensa- tion upon Great Britain was even more instructive than that of the first. The meetings of the opposition were, if pos- sible, more numerous and enthusiastic. There was a demonstration in Hyde Park on June 7 which outdid the great gathering of 1888. But the Government clung to the measure with stubborn te- nacity, realizing, no doubt, that this was its last opportunity for enacting compen- sation provisions and thereby winning the permanent, solid and devoted support of the liquor interests for the Tory party. Although the bill had a majority of 73 on second reading, the real struggle came when Parliament considered it in Com- mittee of the Whole. In this struggle the advantage was wholly with the op- position. The Government's majority of 73 dwindled to 32 upon an important motion made at the beginning of June; and on June 20 the compensation clause was carried by a majority of only 4 votes. A few days later it was withdrawn ab- solutely. Congo, Hum on the. — See Index. Congregational Church. — The fol- lowing resolutions were passed by its highest representative body, assembled in Boston, Mass., October, 1889 : " Resolved, That the National Council of Congregational Churches hereby declares its unqualified condemnation of this evil of intem- perance, and its sympathy with legitimate efforts for its removal; that it commends to churches and all Christian workers the use of wis? measures to secure as far as possible the universal personal abstinence from all intoxica- ting drinks as a beverage. ' ' R -solved, That this Council commends the employment of suitable means and methods to promote the education of the young in the principles of temperance, and in a knowledge of the evils of the use of intoxicants ; and that it expresses its sympathy with the Christian women of our land in their efforts to secure the teaching necessary to attain this end. and to provide for the purity of the home and the sup- pression of the evils of intemperance. "Resolved, That the saloon is so great a menace to the peace of society, to the good order and welfare of the communities in which it exists, and so great a hindrance to the advance of the cause of our divine Master, as to demand the employment of the wisest and most efficient legitimate means for its removal ; and that we call upon our churches and other bodies of Christians to unite in prayer to God for wisdom and divine guidance in efforts for removing this great evil." Congress.— See United States Gov- ernment AND THE LlQUOR TRAFFIC. Congressional Temperance So- ciety.— -On the 26th of February, 1833, at a meeting in the Senate Chamber, under a call signed by 25 members of Congress, a Congressional Temperance Society was formed. The constitution for the Society, presented by Theodore Frelinghuysen, was . unanimously adopt- ed. The object of the Society as stated in the preamble to the constitution was, " by example and kind moral influence to discountenance the use of ardent spir- its and the traffic in it throughout the community." Lewis Cass, then Secretary of War, who had the year before issued an order prohibiting the introduction of ardent spirits into any fort, camp or gar- rison of the United States, was made the first President of the Society, with the Secretary of the Senate as its Secretary. There were nine Vice-Presidents, an Ex- ecutive Committee and about one hun- dred members. It was found that the pledge against ardent spirits did not pre- vent the fall of those in the Society whom it was designed to help. In 1842 the Society was reorganized on the basis of abstinence from all intoxicating drink, with George N. Briggs as President and nine eminent men as Vice-Presidents from as many different States. At the next public meeting after the Society was reorganized on the basis of total ab- stinence, Thomas Marshall began his speech with the words : "Mr. President: The old Congressional Temperance So- ciety has died of intemperance, holding the pledge in one hand and the cham- pagne bottle in the other." The changes in the membership of the Society by reason of the changes of members of Congress modified the interest in its maintenance and work. There were periods of which there are no records that anything was done; and sometimes great vigor was manifest in the holding of pub- lic meetings, especially at the anniversa- ries. A notable period of activity fol- lowed the revival of the Society in 1867, with Schuyler Colfax and Henry Wilson Connecticut,] 97 [Constitutional Prohibition. prominent in the movement. The influ- ence of this Society has extended widely over the land, and at times has attracted attention in other countries. Henry Ward. i Connecticut. — See Index. Constitutional Prohibition, 1 or Prohibition of the manufacture and sale of intoxicating liquors of every kind for beverage purposes by direct mandate of Federal and State Constitutional law — the goal of the present radical movement against the liquor traffic in the United States. The fundamental power of the Federal Government and of each State Government being denned by a written Constitution, which is the permanent fountain of all statutory legislation, which under our institutions can never be abolished save to give way to another written instrument of equal dignity, and which cannot be changed or amended in any detail without mature deliberation and the observance of carefully prescrib- ed forms, it follows that the Prohibition of the drink traffic, if provided for by Constitutional enactment, will be in the highest attainable degree authoritative, effective and enduring. ADVANTAGES OVER STATUTORY PROHIBI- TION AND LOCAL OPTION. The fatal imperfections of all other forms of Prohibitory legislation have been made manifest by varied experience. It is always within the power of the Legisla- ture to enact a rigid Prohibitory statute, whether the Constitution commands it to do so or not ; and a Legislature may, at will, prohibit the manufacture and sale of liquor absolutely, over the entire ter- ritory under its jurisdiction, even though the Constitution is silent. But statutory legislation is by its nature unstable and ephemeral because partisan or tentative; the life of a Legislature in the United States never exceeds two years, and in many States the Legislature has but a single session. Though a Prohibitory act of the most satisfactory character may be carried by a great majority through a given Legislature, there is no assurance, so long as the Constitution makes no ex- plicit direction, that it will be retained i The Nebraska Constitutional Prohibition campaign is the subject of a special article. (See pp. 443-50.) on the statute-books for a period long enough to admit of a fair trial: the very next Legislature, meeting at the end of a, year or at the utmost of two years, is then at liberty to repeal it. Political vicissitudes, popular caprice, the influ- ence of systematic bribery and corruption, the violent opposition of a venal or prej- udiced press, the interference of partisan managers or the organized liquor power of other States, may cause an abrupt change of legislative attitude on the Pro- hibition question and bring about repeal of the act before it has been tested at all, or may accomplish the destruction of a beneficient law while at the height of its usefulness. Of the many States passing Prohibitory statutes before the Civil War, only four (Maine, New Hamp- shire, Vermont and Iowa) have permitted them to survive until the present day ; in most cases the Legislatures rescinded these statutes before five years had ex- pired and in some cases within one year or two years; in other instances, where the laws were allowed to remain nominally in force until after the war, they were promptly wiped out by the Legislature when their enforcement or improvement was seriously proposed; discriminations in favor of the manufacture were made in several of the early statutes, as orig- inally enacted or as amended; some of them exempted (or were soon amended so as to exempt) wine, beer and cider — in fact, many of the conditions that must be heeded if Prohibitory laws are to be gen- uine were ignored or evaded. With Pro- hibition clauses in the Constitutions of those States, the necessity of enacting better statutes could not have been escaped by the Legislatures, and it would have been impossible to repeal them with- out first annulling the Constitutional re- quirements by direct vote of the people. The distinguishing virtue of Constitu- tional Prohibition lies in the necessary ex- istence behind it of a majority of the whole popular vote, and a very large majority of the votes of the best citizens. No Constitution or Constitutional Amend- ment can be adopted in any State unless a majority of the people voting on the question, at the ballot-box, shall approve. It follows that the presence of a Prohib- itory article in any Constitution implies a direct decree of the people that there shall be radical Prohibitory law, a decree Constitutional Prohibition.] 98 [Constitutional Prohibition. that, considering the peculiar difficulties in the way of amending Constitutions, is looked upon as well-nigh irreversible. It is true some of the old Prohibitory stat- utes were passed in obedience to affirma- tive votes of the people on the question, Shall the Legislature enact the Maine law ? But these affirmative votes had the significance of mere plebiscites rather than of responsible majorities; they did not prescribe the scope of the Prohibition or direct that it should in- clude the manufacture, and there was no power by which they could he made bind- ing. In a still wider and more import- ant sense Constitutional Prohibition is superior to Local Option. A Local Option act, like a comprehensive Pro- hibitory statute unsustained by a Con- stitutional article, has no assured vitality but may be overthrown with comparative ease by the liquor power or hostile politicians; the repeal of the Local Option laws of Pennsylvania and New Jersey after many counties in each State had voted for Prohibition illus- trates the instability of such measures. Besides, Local Option legislation seldom bestows on the people the privilege of interfering with the manufacture of liquor, and does not frequently provide suitable penalties for illicit sales by drug- gists and others. Again, though a county may vote for Prohibition with practical unanimity, the neighboring counties of the same State may refuse to disturb the rumsellers within their borders, and these licensed dealers may, by infringing the laws of the Prohibitory county, neutral- ize its good effects. But the chief disad- vantage of the Local Option method is in its total failure in the communities where the liquor evil is greatest. Underly- ing the theory and policy of Prohibition is the claim, honored by observance almost everywhere in the United States and thoroughly established by judicial decisions, that because of the admitted dangers of the drink traffic it may right- fully be prohibited in any locality by a ■majority vote regardless of the wishes of 'the minority, or in every locality of a whole State by the will of a Constitu- tional majority of the voters or legisla- tors of that State regardless of the pow- erful protests of particular localities. If Prohibitory legislation involves arbitrary and seemingly despotic interference with the prevailing sentiment of particular constituencies, this interference is never- theless justified when associated constit- uencies, comprised in the same political unit, declare by a preponderance of sen- timent that the interests of the whole peo- ple demand Prohibitory law for all. With the soundness of this principle rec- ogn zed (and practical recognition of it is inseparable from acceptance of the Local Option idea), the opponents of the liquor traffic need not hesitate to invoke a policy whereby the strongholds of their enemy may be subdued. Any advanced form of Prohibition is, indeed, merely an extension of the Local Option privi- lege; and State and National Prohibition,, secured by Constitutional Amendments ratified by the people, would be but the logical outcome of the earliest and most limited Local Option victory. EARLY DEVELOPMENTS. The great advantage of incorporating the Prohibition principle in State Consti- tutions was recognized, though imper- fectly, as early as 1850, when, upon the adoption of the present Constitution of Michigan, the following clause was in- serted in that instrument by a vote of 30,149 to 9,433: " The Legislature shall not pass any act au- thorizing the grnnt of license for the sale of ar- dent spirits of other intoxicating liquors." And in 1851 an " additional section " was added to the new Constitution of Ohio by a separate vote of the people, the ma- jority being in excess of 10,000. This " additional section " was : " No license to traffic in intoxicating liquors shall hereafter be granted in this State, hut the General Assembly may by law provide against evils resulting therefrom." But both the Ohio and Michigan Con- stitutional provisions simply interdicted license — they did not direct the enact- ment of Prohibitory laws. Practically, these interdictions were of little advan- tage to the temperance cause. Although both Ohio and Michigan passed Prohibi- tory statutes before the war, the measures so granted were weak and did not sur- vive. Ohio's related only to consumption on the premises, and Michigan's, modified so as to exempt beer and wine, was re- scinded in 1875. Meanwhile the Anti- License articles of the Constitutions were Constitutional Prohibition.] 99 [Constitutional Prohibition. found to be absolutely worthless : Ohio's has endured until this day, but its intent has been circumvented by the passage of ingenious so-called " tax " laws ; while in Michigan, affcr the State Supreme Court (October, 1875) had decided that a "tax" law enacted by the Legislature was valid notwithstanding the Constitutional Anti- License clause, the people, in November, 1876, consented to the elimination of this clause from the Constitution by a majority of 8,078 in a total of 113,200.' It was not until 1856 that the Consti- tutional Prohibition idea as now under- stood was definitely broached, and then the necessity of including the manufac- ture as well as the sale of liquors seems not to have been perceived. In that year William H. Armstrong, Grand Worthy Patriarch of the Grand Division of Sons of Temperance of Eastern New York, proposed and discussed the plan. In 1857 he secured a unanimous endorse- ment from the Grand Division, which was renewed at three subsequent sessions. Mr. Armstrong printed in the New York Witness for May 29, 1858, a very thorough article defining the new programme, sug- gesting that an Amendment worded as follows be added to the Constitution of the State of New York : "The sale of intoxicating liquors shall not be licensed or allowed in this State excepting for chemical, medicinal or manufacturing purp ises, and then only under restrictive regulations to be made by the Legislature. It shall be the duty of the Legislature to prescribe proper pen- alties for the sale of liquors in violation of this provision, such liquors being hereby declared a common nuisance, and liable to confiscation." Although some temperance organizations joined with the Sons of Temperance ot Eastern New York in favoring Constitu- tional Prohibition, no practical steps were taken until the legislative session of 1860, when the following joint resolution was introduced into the New York Senate (see the New York Tribune for April 9, 1860) : 1 A new Constitution was submitted to the people of Michigan for ratification or rejection in 1809, and at the same time the question whether the Anti-License clause Bhould be retained or eliminated was separately submitted. The temperance people then desired the retention of anti- license in the Constitution, and united their efforts for de- feating the new Constitution. The majority against the new Constitution was 38,749 in a total of 182,315, and there was a majority of 13,681 against eliminating the Anti- License clause in a total of 158,605. This record of 18BP, made before it was known that a tax law could be legally framed in spite of the Constitutional anti-license provi- sion, had much the same moral significance that a direct vote for Prohibition would have had. "Resolved (if the Assembly concur), That the Constitution of the Stats be amended as fol- lows : " ' The sale of intoxicating liquors as a bever- age is hereby prohibited, and no law shall be enacted or b3 ia force after the adoption of this Amendment to authorize such sale, and the Legislature shall by law prescribe the necessary fines and penalties for any violation of this pro- \ vision.' "Resolved (if the Assembly concur). That the foregoing Amendment be referred to the Legislature, to be chosen at the general election of Senators, and that, in conformity to Section 1 of Article 13 of the Constitution, it be pub- lished for three months previous to the time of such election." The Senate approved this joint resolution on the 13th of March, 1860, by a vote of 30 yeas (29 Republicans and one Demo- crat) to 6 nays (all Democrats), and the Assembly concurred on April 5, 1861, by 69 yeas to 33 nays. The indorsement of the next Legislature was required before the proposed Amendment could go to the people; but the exciting events of the Civil War caused the abandonment of- the plan. 2 BEGINNING OF THE AGITATION. A period of 17 years expired before the next notable demand for Constitutional Prohibition was urged. It is somewhat difficult to determine who is entitled to the credit of first giving practical form to the movement which began to make a stir among the temperance people of Iowa and Kansas in 1878. Mr. B. F. Wright of Charles City, la., lays claim to the honor. In August, 1878 (according to his statement), he suggested the Constitu- tional Prohibition method to Mrs. J. Ellen Foster, who was then conducting a district session of the Woman's Christian Temperance Union in Charles City. " Mrs. Foster " — we quote from Mr. Wright — " did not at first take kindly to the suggestion; but before the State meeting of the Iowa W. C. T. IT., in Bur- lington, in December of 1888, she wrote to me saying she had decided that work for a Constitutional Amendment was the ' best thing to be done, and asking if any special suggestions were to be made for introducing tne plan to the public. I answered this letter in an article pub- lished in the Floyd County Advocate, Sept. 7, 1878, setting forth my views at length. 2 For the facte about the early movement for Constitu- tional Prohibition the editor is indebted to John N. Stearns of the National Temperance Society. Constitutional Prohibition.] 100 [Constitutional Prohibition. Mrs. Foster, as Chairman of the Legisla- tive Committee of the W. C. T. U., elab- orated these views in a very able report that she made to the State W. C. T. IT. Convention, giving due credit ' to a friend living in Floyd County.' " But it is cer- tain that in Kansas at about the same time the idea was definitely considered and acted on. At the session of the Kan- sas State Grand Lodge of Good Templars, held at Fort Scott in October, 1878 (ac- cording to Amanda M. AVay, late G. C. T. of the Good Templars of Kansas), a committee was appointed to prepare a petition to the Legislature asking for an Amendment to the Constitution forever prohibiting the manufacture, sale and im- portation of alcoholic liquors, and also for a Prohibitory law to take effect at once. Petitions were prepared, circulated for signatures and submitted tp the Legisla- ture at Topeka by the officers of the Grand Lodge. The Amendment method was not at first approved by all the friends of Prohi- bition in Kansas and Iowa. The Kansas people felt stronger interest in the fate of their bill for statutory Prohibition; and it is a fact that the joint resolution submitting a Prohibitory Constitutional Amendment to the people was brought to the front and passed by the Kansas Legis- lature of 1879 as a political device for de- feating the Prohibitory bill and other restrictive measures, the politicians be- lieving that so radical a proposition as that for a Constitutional Amendment against the manufacture and sale of liquors would never be approved by a mar jority of the popular vote. In Iowa the old Prohibitory statute was still in force in 1878, but it was practically a dead let- ter because of the exemption of wine and beer; and the Iowa temperance people considered it more desirable to labor for a perfected statute than to press the ap- parently hopeless demand for Constitu- tional Prohibition. In February, 1879, a State meeting of Reform Clubs was held at Waterloo, la., and Mr. B. F. Wright earnestly advocated his Constitutional Prohibition scheme; but the differences of opinion were so marked that the Com- mittee on Resolutions of that body, after hours of exciting debate, brought in a conservative report recommending moral suasion and statutory and Constitutional Prohibition. EARLY SUCCESSES. When, however, the issue for and against Constitutional Prohibition was definitely presented by legislative action, the temperance people quickly under- stood that a rare opportunity was before them. By concentrating their resources, arousing moral enthusiasm and diligently presenting the claims for their policy, they might win a whole State at a single blow, and the victory would be of no un- certain nature. The result of the first campaign, made in Kansas in 1880, fully confirmed the most sanguine hopes ; by a majority of nearly 8,000 the following Constitutional Amendment was adopt- ed: "The manufacture and sale of intoxicating liquors shall be forever prohibited in the fcitate, except for medicinal, scientific and mechanical purposes." A more substantial victory followed in Iowa in 1S82, the majority reaching nearly 30,000, and the text of the Amend- ment being as follows : " Section 26. — No person shall manufacture for sale, sell, or keep for sale as a beverage any intoxicating liquors whatever, including ale, wine and beer. The General Assembly shall, by law, prescribe regulations for the enforce- ment of the provisions herein contained, and shall thereby provide suitable penalties for vio- lations of the provisions thereof." These two great triumphs aroused re- markable interest throughout the coun- try. Constitutional Prohibition became the accepted policy of advanced temper- ance workers everywhere in the North. Republican and Democratic Conventions in the different States were besought to pledge submission of Amendments. Leg- islatures were petitioned and every avail- able means of persuasion was used. The striking result of the Ohio campaign of 1883 seemed to emphasize the conviction that Constitutional Prohibition was des- tined to sweep the country. That great State, which had persistently nullified the Anti- License article of the Constitution of 1851, and which was dominated politi- cally by the German influence, gave a majority of more than 82,000 for the fol- lowing proposed Amendment : "The manufacture of and the traffic in in- toxicating liquors to be used as a beverage are forever prohibited; and the General Assembly shall provide by law for the enforcement of this provision," while at the same time an alternative Constitutional Prohibition.] 101 [Constitutional Prohibition. Amendment providing that "The Gene- ral Assembly shall regulate the traffic in intoxicating liquors so as to provide against evils resulting therefrom, and its power to levy taxes or assessments there- on is not limited by any provisions of the Constitution," was voted down by more than 92,000. Although the Ohio Prohib- itionists were robbed by technicalities of the fruits of their victory, the moral effect was most impressive. Confidence was still further strengthened by the sweeping result in Maine in 1884, the following Amendment being added to the Constitution of that State by a vote of three to one : "The manufacture of intoxicating liquors, not including cider, and the sale and keeping for sale of intoxicating liquors, are and shall be forever prohibited. Except, however, that the sale and keeping for sale of such liquors for medicinal and mechanical purposes and the arts, and the sale and keeping for sale of cider may be permitted under such regulations as the Leg- islature may provide. The Legislature shall enact laws with suitable penalties for the sup- pression of the manufacture, sale and keeping for sale of intoxicating liquors, with the excep- tions herein specified." Again in 1885 the wisdom of the advo- cates of Constitutional Prohibition was vindicated, In that part qf the Territory of Dakota that has since become the State of South Dakota, a Constitutional Convention framed a Constitution that was to become operative upon the admis- sion of South Dakota into the Union, and the following proposed article was submitted to the people separately and ratified by a majority of about 200: " Article 24. — No person or corporation shall manufacture or aid in, the manufacture of for sale, any intoxicating liquor; no person shall sell or keep for sale as a beverage any in- toxicating liquor. The Legislature shall by law prescribe regulations for the enforcement of the provisions of this section and provide suitable and adequate penalties for the violation there- of." In the next year (1886) a triumph more gratifying, perhaps, than any that had yet been scored was witnessed in the conservative manufacturing State of Ehode Island, which decreed, by more than a three-fifths vote, that " The manufacture and sale of intoxicating liquors to be used as a beverage shall be prohib- ited. The General Assembly shall provide for carrying this article into effect." A LON"G SERIES OF DEFEATS. Thus in seven years five States and one prospective State had approved the prin- ciple of Constitutional Prohibition by popular majorities. In this period no State had recorded a majority against a genuine Prohibitory Amendment, al- though North Carolina, in 1881, had voted down by more than 116,000 major- ity a so-called Amendment that was wholly unsatisfactory to the temperance people. It was naturally believed by most friends of the cause that the move- ment was showing itself to be irresistible. But a long series of defeats now ensued. Before inquiring more particularly into causes and circumstances, we will present the texts of the Amendments voted on in the different States since the Ehode Island election of 1886, and indicate the results. Michigan, 1887, defeated by 5,645: " Article 4, Section 49. — The manufacture, gift or sale of spirituous, malt or vinous liquors in this State, except for medicinal, mechanical, chemi- cal or scientific purposes, is prohibited : and no property right in such spirituous, malt or vinous liquors shall be deemed to exist, except the right to manufacture or sell for medicinal, me- chanical, chemical or scientific purposes under such restrictions and regulations as may be pro- vided by law. The Legislature shall enact laws with suitable penalties for the suppression of the manufacture, saleand keeping for sale or gift of intoxicating liquors, except as hprein specified." Texas, 1887, defeated by 91,357: " Section20. — The manufacture, sale and exchange of in- toxicating liquors, except for medical, mechan- ical, sacramental and scientific purposes, is hereby prohibited in the State of Texas. The Legislature shall, at the first session held after the adoption of this Amendment, enact neces- sary laws to put this provision into effect." Tennessee, 1887. defeated by 27,693: "No person shall manufacture for sale, or sell, or keep for sale as a beverage, any intoxicating liquors whatever, including wine, ale and beer. The General Assembly shall by law prescribe regulations for the enforcement of the prohibi- tion herein contained and shall thereby provide suitable penalties for the violation of the pro- visions hereof." Oregon, 1887, defeated by 7,985 : "Section 1. — The manufacture, sale or giving away, or the offering to sell or give away, or the keeping for sale of any spirituous, vinous, malt, distilled, iermented, or any intoxicating liquor, is prohib- ited in this State, except for medicinal scientific or mechanical purposes. " Sec. 2 — The Legislative Assembly shall prescribe bylaw in what manner and by whom and at what places, such liquors or any of them, shall be manufactured or sold, or kept for sale for medicinal, scientific or mechanical purposes. " Sec. 3. — This Amendment shall take effect and be in full force in six months from the date of its ratification by the electors. Constitutional Prohibition.] 102 [Constitutional Prohibition. " Sec. 4. — The Legislative Assembly shall without delay pass all necessary laws with suf- ficient penalties necessary to enforce this Amendment." West Virginia, 1888, defeated by 34,887: " The manufacture, sale and keeping for sale of all intoxicating liquors, drinks, mixtures and preparations, except as hereinafter provided, are forever prohibited within this State ; and the Legislature shall without delay provide by ap- propriate legislation for the strict enforcement of this provision. But the Legislature may pro- vide by law for the manufacture, sale and keep- ing for sale of alcohol and preparations thereof , for scientific, mechanical and medicinal pur- poses, and of wine for sacramental purposes, under sufficient penalties and securities to insure the due execution of such laws as may be en- acted under this section." New Hampshire, 1889, defeated by 5,190: " That the sale or keeping for sale, or manufac- ture of alcoholic or intoxicating liquors, except cider, or any compound of which such liquor is a part, to be used as a beverage, is a misde- meanor and is hereby prohibited." Massachusetts, 1889, defeated by 46 626: "The manufacture and sale of intoxicating liquors to be used as » beverage are prohibited. The General Court shall enact suitable legisla- tion to enforce the provisions of this article." Pennsylvania, 1889, defeated by 188,027: ' Article 19. — The manufacture, sale or keep- • ing for sale of intoxicating liquor to be used as a beverage is hereby prohibited, and any viola- tion of this prohibition shall be a misdemeanor, punishable as shall be provided by law. The manufacture, sale or keeping for sale of intoxi- cating liquor for other purposes than as a bev- erage may be allowed in such manner only as may be prescribed by law. The General As- sembly shall, at the first session succeeding the adoption of this ,A.rticle of the Constitution, en- act laws with adequate penalties for its enforce- ment," Rhode Island, 1889. repealed the Prohibitory Amendment of 1886 by 18,315 majority. South Dakota, 1889, adopted by 6,053: "Article 24. — Wo person or corporation shall manufacture or aid in the manufacture of for sale, any intoxicating liquor ; no person shall sell or keep for sale as a beverage any intoxica- ting liquor. The Legislature shall by law pre- scribe regulations for the enforcement of the provisions of this section and provide suitable and adequate penalties for the violation thereof '•' North Dakota, 1889, adopted by 1 159 : " Article 20. — No person, association or cor- poration shall within this State manufacture for sale or gift any intoxicating liquors and no person, association or corporation shall import any of the same for sale or gift, or keep or sell or offer the same for sale or gift, barter or trade as a beverage. The Legislative Assembly shall bylaw prescribe regulations for the enforcement of the provisions of this Article and shall there- by provide suitable penalties for the violation thereof." Washington, 1889. defeated by 11.943: " Separate Article No. 2 — It shall not be lawful for any individual, company or corpora- tion, within the limits of this State, to manufac- ture or cause to be manufactured, or to sell or offer for sale, or in any manner dispose of any alcoholic, malt or spirituous liquors, except for, medicinal, sacramental or scientific purposes." Connecticut, 1889, defeated by £7,595 : "The manufacture or compounding of and sale or keeping for sale of intoxicating liquors, except for sacramental, medicinal, scientific, mechan- ical or art purposes, shall be and hereby are pro- hibited in this State ; and it shall be the duty of the Legislature to pass laws for the enforcement of this article." RECAPITULATION AND GENERAL REVIEW. The following table summarizes the main statistical facts in connection with Constitutional Prohibition struggles in the various States : QUl^UtSO 5 3SEO.S? TO " ,:"3. : r r-"^*55=:g. < ^P5=.,-r.- 5? cd to i-i cs -*>- -3 mod it- -3 to O CO CC CO GO GO -5 M GO GO GO iocs, 2. 2. ^ -■ 2. 2. 2. f i" pf £, 2. E. — S 2- £. £. !; 3: ™ -. j_l CO CD 50 JO *. — k-. IO -1 fOjOQOJD p c: Si in — zs -J CO GO co en oioio os~io -7 01 "co c en e^ o co en h j^ssis A tc >->■ O 1-1 to ,£. (i no ;0 £ ui h- »C T. _ ;T en "O — ' ~ ii ii CO X -D c - >. -J. w in — ' w- ~ - 1 :.. ' :.. - -j: , e j:. co co -•■ - * - tf^sDCoocn*-toojcn.Qo-- 1 -1 >-* o -1 h- en - 1-1 coco 1-1 cogpeo >-*-}tCfo w po cc -si co ~iK © cOjK co ~i 6 bn i3 £■ S S o *. 9 go 1-j a; en "jc en p'lj en "x J x -iVwo"^ -1 *. 10 is 1- 1 c: —> ii ^- cji co — ' x ~! c^ 1-- 1-- 3- co GCCOX~J>- l OO-slii3*.^-COCnCnOCCOOGOO O FT ,r, "J. 5 ■3 rrj 2:^ « 3 o 5 r * ;e - 00 ,.,^ ^^!S't 0JX ,**■ "-* en if». en 1-1 *o ^-i ts^jt-c: 00 *- ^ --ij-t *5 -^ *o en ~j -tooi -■' ~ i- .= — r: — ii x — — Co r: ^ nt- co Ji UiiiO-luSO-lCOCOC10DiOH-i5Ci3;cjii), ,-» p a: 3 -j ? S ° Constitutional Prohibition.] 103 [Constitutional Prohibition. To minutely review all the significant features of- these contests, many pages in excess of the space that can reasonably be allotted in this volume would be required; but since these were the great representative struggles for establishing the principlp of Prohibition it is proper to consider the main facts with some degree of care. Tho remarkable contrast between the results of the earlier and those of the later campaigns is first to be explained. While all the States voting on Constitu- tional Prohibition previously to 1887 (if North Carolina be excepted, as it should be) gave favorable majorities aggregating 172,898, 11 of the 13 States voting in the years 1887, 1888 and 1889 showed adverse majorities, and the total anti-Prohibition majority in these 13 States was 457,289. By the superficial observer this change may be attributed to a radical, conclusive and permanent reaction of public senti- ment against Constitutional Prohibition; but no intelligent person will make such an interpretation without impartially study- ing the conditions. In truth there was no such reaction if by that term is im- plied a reaction occasioned by dispassion- ate judgment and deliberate pondering of truthful evidence and genuine argu- ment. There was certainly an unmis- takable reaction, not, however, of matur- ed and well-informed public sentiment and therefore not necessarily conclusive or permanent. In the first place, dismissing for the present all the explanatory circumstances and examining the figures by themselves, it is seen that in the 11 States giving hos- tile majorities there was a very large ele- ment of qualified voters that took no part in the elections on the issue of Constitu- tional Prohibition. The number of ab- stainers in each State (estimated on the basis of the returns for the nearest polit- ical election at which a tolerably full vote was polled) is set down in the last col- umn of the above table. For example, in the State of Massachusetts there were 85,242 votes for Constitutional Prohibi- tion and 131,062 votes against it, an apparent adverse majority of 45,820 ; but at the Presidential election of 1888 the whole vote polled in Massachusetts was 344,517, or 128,213 more than the whole vote polled on the question of Constitu- tional Prohibition in 1889; hence the anti-Prohibitionists really lacked 41,197 of an actual majority of the voting pop- ulation of Massachusetts. The following summary presents more clearly this qual- ifying phase of the anti-Prohibition ma- jorities: Prohibition. o £i ib. rin ac- rity. State. as, S 5 a . (HO • Ph 2 g S Yes. No. P. 53 Sf.5-2 5% « § <1 CO V& Michigan. . 178,636 184,281 5,645 17,968 — 6,162 129,270 220,627' 91,357 7,616 + 41,870 Tennessee. . 117,504 145,197 27,693 41,083 — 6,696 Oregon 19,973 27,958 7,985 7,023 + 480 W. Virginia. New Hamp. 41,608 76,555 34,887 41,317 — 3,216 25,786 30,976 5,190 34,160 — 14,486 85,242 131,082 45,820 128,213 — 41,197 296,617 484,644 188,027 216,307 — 14,141 Rhode I'd.. 9,956 28,315 18,859 4,840 4- 6,759 4- 2,267 Washington 19,546 31,489 11,9-13 7,408 22,379 49,974 27,595 81,625 — 27,016 Totals 946,577 1,411,078 404,501 587,560 — 61,530 Taking the footings of this table and attaching the totals for the seven States that gave Prohibition majorities (omit- ting the South Dakota vote of 1885) we have the following results : Prohibition. a A ~ Qualified voters not vot- ing on ques- tion. rohibi- s short actual ty. Yes. No. Anti-I tionist of an major Eleven anti- Prohi b i t i o n States Seven Pro- hibition States (includ- ing R. I. vote of 1886) 946,577 730,026 1,411,078 549,916 464,50lN 180,110T 587,560 300,663 61,530 243,387 Totals 1,676,603 1.960-994 284.391N 894,193 304,902 These figures demonstrate the errone- ousness of the belief that the people, by conclusive majority votes, have repudi- ated Constitutional Prohibition. Even in States where the apparent majorities against the policy were overwhelming there was a very large reserve force which took no part in the elections and which must therefore be counted as neutral. No considerable part of this neutral ele- ment, at least in the hotly-contested struggles of 1887-9, can reasonably be supposed to have been inclined against Prohibition; for in these struggles it was understood that the existence of the liquor traffic of the nation was at stake, Constitutional Prohibition.] 104 [Constitutional Prohibition. and also that the possibility of testing High License and other alternative meas- ures (believed by a great many citizens to be preferable to Prohibition) depended wholly upon defeating the Constitutional Amendments. Influences of extraordinary potency combined to bring to the polls every opponent of Prohibitory legislation, to win to the anti-Prohibition side every hesitating voter, to confuse the minds of the Prohibitionists themselves and to fill the camp of the neutrals with backslid- ing Prohibition sympathizers. Of these influences the most important were: 1. The concentration, in each State contested since 1886, of the energies and resources of the thoroughly alarmed, powerfully organized and enormously wealthy liquor interest. Previously to 1887 the " trade " was not especially ac- tive in the Constitutional Prohibition fights. But after the result in Ehode Is- land in the spring of 188G, the National Protective Association of distillers and wholesale rumsellers was formed, for the sole purpose of defeating Prohibition. From that time forward the liquor traffic of the nation at large made the anti-Pro- hibition cause in each State its own, im- mense sums of money were raised to de- feat the Amendments, and the campaigns were managed with the utmost shrewd- ness and unscrupulousness. 2. The diligent agitation of High Li- cense and Local Option, in order to sat- isfy conservative temperance people and woo them from their inclination to favor Prohibition. 3. The artful opposition of the most influential political leaders and the use of the machinery of both the old political parties. 4. The hostility of well-nigh every im- portant daily newspaper and the conse- quent suppression or perversion by the representative public journals of Prohi- bition argument and evidence. 5. The employment by the anti-Pro- hibitionists of the most unfair methods of warfare. Newspapers were delibe- rately purchased outright ; false statistics, scandalously dishonest statistical deduc- tions, " manufactured " news dispatches and misleading and meretricious ap- peals of all sorts constituted their stock of campaign material. Kidicule, intim- idation, outrages, violence and fraud con- tributed to the anti-Prohibition majorities in all the States. Having considered in a comprehensive way the chief general facts, we may now, as briefly as possible in justice to the importance and interest of the cam- paigns, present the main particulars for the separate State contests. campaigns of 1880-6. Kansas. ' As already stated, the submission of the Pro- hibitory Amendment in this State was granted by the politicians as a compromise, the Legisla- ture not being willing to pass the Prohibitory statute demanded by the temperance people, but readily consenting to the plan of referring the question to the people. The submission bill was introduced in the Senate on Feb. 8, 1879, by Senator Hamlin, and was passed by that body Peb. 21— ayes 37 (33 Repub- licans, 2 Democrats and 2 Greenbackers); nays, none; not voting. 3 (all Republicans). The House of Representatives passed it on March 5. the vote standing : ayes, 88 (65 Republicans 16 Greenbackers and 7 Dem- ocrats); nays, 31 (17 Republicans. 13 Demo- ocrats and 1 Greenbacker) ; not voting, 14(10 Republicans, 3 Democrats and 1 Greenbackeri. It was approved by Governor John P. St. John March 8. and the day of the Presidential elec- tion, Nov. 2, 1880, was named as the day for the popular vote. The State Temperance Union, of which Governor St. John was the President, took charge of the Amendment campaign, and assistance was gh en by the Woman's Christian Temperance Union Good Templars and olher temperance organizations, headquarters being established at Lawrence in charge of Rev. A. M. Richardson. A weekly journal the Kansas Palladium, was published at Lawrence, edited by James A. Troutman. The State was thoroughly canvassed. The clergymen were practically unanimous for the Amendment. The Methodist Ppiscopal Confer- ence (at Topeka), Kansas Baptist Convention (at Emporia), State Congregational Association (at Sterling) State Universalist Convention (at Junction City i and Presbyterian Synod of Kan- sas (at Atchison) were among the religious bod- ies that declared heartily for the measure. The State Teachers' Association at Topeka, in June, 1880, passed a resolution as fo"ows; u Resolved, That we heartily indorse the Prohibition Amendment and pledge ourselves to use our influence to secure its adoption." The Kansas Agriculturalist, organ of the farmers, emphatically declared " in favor of it, first, last and all the time." But the resources ,of its advocates were meagre : the funds for prosecuting the campaign aggregated less than $2,500. The liquor men organized a " People's Grand Protective Union," with headquarters at Topeka, appealed for help to ''the trade" throughout the country, and received and used large sums of money, although probably not in 1 The editor is indebted to Eev. A. M. Richardson of Lawrence, Kan. Constitutional Prohibition.] 105 [Constitutional Prohibition. a very systematic way. Among the Prohibition speakers from other States who participated in the contest were Frances E. Willard, George W. Bain, John B. Finch, E. B. Reynolds Frank J. Sibley, Mrs. J. Ellen Foster, Miss Viola E. Dickman, George Woodford, David Tatum, Prof. George E. Foster and J N. Stearns. Some of the leading local speakers were Rev. D. C. Milner Albert Griffin, Rev Richard Wake, Mrs. Drusilla Wilson, Mrs. M. E. Griffith, Mrs. M. B. Smith, Mrs. R. C. Chase, Miss Blanche Heasbeth, Rev. D. P. Mitchell, Rev. J. H. By- ers, Rev. J. R. Detwiler. J. P. Root. Sidney Clarke, A. W. Benson, Judge S. O. Thatcher, W. S. Wait, W. A. H. Hains and John H. Rice. The vote by counties was as follows : Prohibition Counties. Yes. No. Allen 1,305 Anderson 909 Atchison 1,343 Barbour 220 Barton 490 Bourbon 1,410 Brown 1,345 Butler 2,211 Chase 597 Chautauqua ... 1 ,051 Cherokee 2,421 Clay 1,296 Cloud 1,454 Coffey 1,025 Cowley 3,243 Crawford 1,655 Davis 628 Decatur 146 Dickinson 1,477 Doniphan. ... 821 Douglas 2,711 121 1,2 355 611 125 Edwards. Elk Ellis . Ellsworth. Ford Franklin 1,967 Graham 207 Greenwood 1,059 Harper 424 Harvey 1,148 Hodgeman .... 147 Jackson 1,056 Jefferson 1,306 Jewell 1,557 Johnson 1,545 Kingman 265 Labette 2,082 Leavenworth.. 1,486 Lincoln 613 Linn 1,494 Lyon 2,337 951 870 8,147 213 1,058 1,964 1,888 1,141 660 819 1.944 907 1,261 1,209 870 1,469 607 251 1,222 2,150 1,602 194 564 463 781 488 1,293 358 941 316 858 65 1,098 1,723 1,256 1,787 346 2,123 8,883 733 1,298 Prohibition Counties. Yes. No. Marion 1,020 1,428 2,134 1,488 1,348 1,939 895 1,121 151 1,006 Marshall McPherson. . Miami Mitchell Montgomery. Morris .... , . Nemaha 1,213 Neosho 1,528 Ness 200 Norton 575 Osage 2,287 Osborne . . . . 1,035 Ottawa 1,163 Pawnee 604 Phillips 978 Pottawatomie. Pratt Reno Republic 1,330 Rice 1,087 Riley 1,178 Rooks 503 Rush 315 Russell 443 Saline 1,410 Sedgwick 1,868 Shawnee 3,159 Sheridan 101 Smith 1,274 Stafford 393 Sumner 2,394 Trego 220 Wabaunsee . . . 622 Washington . . 1,112 Wilson 1,487 Woodson .... 748 Wyandotte.... 1,222 825 1,853 912 1,751 1,178 1,250 885 1,185 1,164 216 491 1,684 873 835 218 708 1,208 142 932 1119 685 828 690 3ii5 655 1,207 1,716 2,513 69 851 301 1,201 120 990 1,610 1,069 530 2,481 Totals* 91,874 84,037 Majority 7,837 1 The figures commonly accepted are: For Prohibition, 92,302; against, 84,304— majority for, 7,998. These, how- ever, are incorrect. The official figures are those presented above, as certified to the editor of this work, April 18, 1890, by William Higgins, Secretary of State of Kansas, under his official seal. Iowa. ' The submission of Constitutional Prohibition in Iowa was due. as in Kansas, to a political compromise. The old Prohibitory law of the State, passed in 1855 by the Democrats chiefly through the influence of Hiram Price (who was at that time a Democrat), had been weakened by the Republicans when they came into power. From the beginning it had seamed to be the policy of the Republican party of Iowa to cater to the large German element of the State ; and 1 The editor is indebted to B. F. Wrightof Charles City, la., and E. W. Brady of Davenport, la. the wine-and-beer-exemption clause was accord- ingly continued, while no effort was made to shut up the numerous flourishing breweries. In 1877, however, there sprang up a strong political movement for restoring full Prohibition to Iowa. The activity of the Prohibitionists was increased by the nomination in that year of John II. Gear as the Republican candidate for Governor. Mr. Gear was reputed to be an uncompromising anti-Prohibitinnist; and the friends of Prohibi- tion set up an independent candidate, Elias Jessup, for whom they polled the considerable vote of 10,545— a vote large enough for the first time since the Republicans obtained the ascendancy in Iowa, to deprive their nominee of a majority of the entire popular vote. This demonstration of political strength by the Pro- hibitionists made them still more aggressive, and, as we have seen, the demand for Constitu- tional Prohibition was openly made in 1876. But this demand was held subordinate to that for a strengthened statute. In 1879 Governor Gear aspired to re-election, and the shrewd leaders of his party, in order to avoid the direct issue of improving the Prohibitory statute, caused the following plaDk to be inserted in their platform, adopted at Des Moines in June : " That we reaffirm the position of the Republican party heretofore expressed on the subject of temperance and Prohibition, and we hail with pleasure the beneficent work of Reform Clubs and other organizations in promoting personal temperance, and, in order that the entire question of temperance may be settled in a non-partisan manner, we favor the submission to the people, at a special election, of a Constitutional Amendment prohibiting Ihe manufacture and sale of all intoxicating liquors as a beverage within the State." In spite of the Republican pledge, the Prohi- bition party that had polled 10,545 votes in 1877 did not disband in 1879. Strong pressure was exercised to persuade its leaders not to nominate a candidate against Gear, and Prohibition advo- cates of much prestige— including Mrs. J. Ellen Foster — opposed a separate nomination. Never- theless D. R. Dungan was put in the field as the candidate of the Prohibition party for Gover- nor, and 3,258 votes were cast for him. The respectable strength thus retained, under ad- verse circumstances, by the party Prohibition- ists, convinced the politicians that they would become an organized and determined partisan factor in the event of bad faith. Both branches of the Legislature of 1880 were controlled by the Republicans, and a Prohibitory Constitu- tional Amendment resolution was passed in each House and referred to the Legislature of 1880 for final action. That body 'also domi- nated by the Republicans) approved it, and the question was submitted for the decision of the people at a special election to be held June 27, 1880. The friends of Prohibition worked har- moniously, made a thorough campaign and carried the Amendment by the following vote: Prohibition. Counties. Adair Adams Allamakee . Appanoose. . . Audubon. . . Benton Black Hawk. Boone Bremer tOHIBI Yes. TION. No. 1,515 904 1,157 820 1,151 1,803 2,162 748 807 779 2,198 2,081 2,226 1,755 2,805 1,413 1,268 1,302 Counties. Buchanan Buena Vista.. Butler Calhoun Carroll Cass Cedar Cerro Gordo Cherokee . Yes. 1.862 1,064 1,609 985 1,138 1,826 2,191 1,451 1,151 No. 1,201 342 820 344 1,556 1,725 1,824 640 352 Constitutional Prohibition.] 106 [Constitutional Prohibition. Prohibition. Counties. Yes Chickasaw 1,383 Claike l,eil Clay 707 Clayton 1,883 Clinton 2,639 Crawford 958 Dallas 2,450 Davis 1,362 Decatur 1,340 Delaware l,r~ Des Moines Dickinson .... 374 Dubuque 1,223 Emmet 214 Fayette 2,371 Floyd 1,381 Franklin 1,071 Fremont 1,563 Greene 1,572 Grundy 1,155 Guthrie 1,933 Hamilton 1,344 Hancock 409 Hardin 2,175 Harrison 1,701 Henry 2,028 Howard 730 Humboldt .... 615 Ida 916 Iowa 1,192 Jackson 1,609 Jasper 3,148 Jefferson 1,774 Johnson 1,770 Jones 2/184 Keokuk 1,873 Kossuth 706 Lee 2,290 Linn 4,434 Louisa 1,595 Lucas 1,529 Lyon 259 No. 1,068 452 330 2,965 3,537 977 1,055 1,366 1,137 1,355 1,917 3,653 102 6,283 29 1,528 1,457 557 1,126 773 863 811 652 206 979 1,330 1,226 835 351 453 1,560 2,356 1,360 1,284 2,608 1,179 2,321 625 3,552 2,830 824 693 101 Prohibition. Counties. Yes. Madison 1,966 Mahaska 2,761 Marion 2,427 Marshall 2,538 Mills 1,327 Mitchell 1,200 Monona Monroe Montgomery. . Muscatine . . . O'Brien Osceola Page Palo Alto Plymouth Pocahontas . . . Polk Pottawattamie Poweshiek. . . . Ringgold Sac Scott Shelby 1,813 Sioux 432 Story 1,921 Tama 2,244 Taylor 1,656 Union 1,687 VanBuren.... 1,543 Wapello 1,465 Warren 2,131 Washington . . 2,201 Wayne 1,849 Webster 1,498 Winnebago . . . 557 Winneshiek .. 1,411 Woodbury.... 1,163 Worth 784 Wright 897 1,284 1,832 2,114 719 394 2,206 511 750 419 4,630 2,576 2,211 1,640 1,383 1,467 No. 1,103 1,855 1,811 1,798 1,018 '881 B99 700 671 2,023 278 168 965 306 1,186 204 2,519 3,468 1,048 570 548 5,197 1,231 558 553 1,477 654 1,008 1,543 2,493 1,173 1,679 1,007 1,260 89 1,696 1,220 350 401 Totals .... 155,436 125,677 Majority.. 19,759 This decisive result did not, however, imme- diately have its legitimate effect. The Repub- lican State Convention met Aug. 1, 1882 — five weeks after the great Prohibition victory — and strangely refused to allow any expression on the Amendment or Prohibition question to ap- pear in the platform. It was the programme of the leaders to divorce the party, if possible, from the Prohibitory issue, so as to hold the German vote for the Republican candidates for Congress in the coming November. But this cowardly attitude had the contrary effect; gene- ral demoralization ensued and the Republicans lost three Congressmen. Another and a more serious repudiation of the will of the people seemed, for awhile, to vi- tiate the effect of the vote. In the fall of 1882 the Supreme Court of Iowa, by the decision of four of its Judges, declared, in an appeal case, that the Amendment had not been properly submitted to the people. The Court found that a certain amendment of three words which had been added by the Legislature of 1880 to the original text of the Submission act did not ap- pear in the Legislative Journal as kept by the Clerk of the House. It was admitted that the Constitutional Amendment itself, as voted on by the people, was precisely the same, in every word, as the Constitutional Amendment sub- mitted by the Legislatures of 1880 and 1882; but the Court held that the slight and imma- terial omission in the Clerk's Journal of three words that bad been added to the original text of the act of submission was sufficient to in- validate the popular vote. Accordingly the Constitutional Amendment was on this techni- cal ground annulled. The Prohibitionists quick- ly manifested their determination not to lose the Iruits of their victory. A mammoth State Con- vention, on anon-partisan basis, was held a few months later, and it was plainly declared in the resolutions adopted by that body that the domi- nant party would be held responsible for any failure to carry out the unmistakable desire of ' the great majority of the citizens of Iowa. In the next Legislature a statutory Prohibitory law was passed, which was subsequently strength- ened and which, because of its demonstrated success in nearly the whole of Iowa and the support accorded it by the people, has stood the test of all efforts made for its repeal or the modi- fication of its provisions. Ohio. > We have seen that Ohio has since 1851 sus- tained a unique relationship to the liquor ques- tion. While the Constitution prohibits license it does not provide for Prohibition. Although the Anti-License clause was at first regarded by the temperance people as a decree in favor of Prohibition, the politicians refused to recognize it as such and the traffic was practically unre- strained. But the representative liquor men and their political friends looked with much dissatisfaction upon the Anti-License clause. Its effect was to discourage all attempts to de- fine the precise status of the business and put it on a permanent and strictly legal basis. Consequently efforts were made to repeal the Anti-License clause and substitute for it a Con- stitutional Amendment permitting license. In 1874 such an Amendment was submitted to the people, and the vote on it stood: For, 172.252; against, 179,538; total vote on Secretary of State at same election, 461,425; necessary to the adoption of the License Amendment, 233,713; License Amendment short of a majority, 61 461; majority against license of those voting on the question, 7,286. This defeat of the license ad-' vocates demonstrated the impracticability of the scheme of amending the Constitution in be- half of the liquor interests, although the Demo- cratic party did not ctase to advocate license. Meanwhile the liquor question continued prom- inent in State politics. The Prohibition party maintained its organization and nominated separate candidates each year, and there was every probability that the pressure for Prohibi- tion would increase. The brewers and liquor- dealers — or the responsible men among them — desired a definite law for the "regulation " and protection of the business. The conservative temperance people favored regulation, restriction and revenue, and also advocated Local Option and Sunday-closing. The Germans, forming a very influential element in Ohio, manifested extreme sensitiveness and stood ready to resent at the polls any serious interference with " per- sonal liberty." The State, though naturally Republican, was considered fickle, and the problem of dealing judiciously with the delicate liquor question was a most perplexirg one for the politicians. During the administration of Governor Foster — one of the shrewdest of all the Ohio Re- publican leaders — the policy of circumventing 1 The editor is indebted to Mrs. Mary A. Woodbridge of Ravenna, O., and Oscar B. Todhunterof Cincinnati. Constitutional Prohibition.] 10? [Constitutional Prohibition. the Anti-License provision of the Constitution by the enactment of " tax " laws at last became the settled policy of the Republican party. The Pond Tax law was passed in 1880, and though soon declared unconstitutional by the State Supreme Court, was followed by the Scott Tax law of 1883. Meanwhile the Republicans ex- perimented with Sunday-closing- legislation, passing the Smith Sunday bill only to repeal it after finding that it was distasteful to the Ger- mans and the whole liquor element. During the 1883 session of the Legislature the chief work before the Republican majority was to frame and pass a liquor tax bill to take the place of the unconstitutional Pond law. The Scott bill (.introduced by Dr. Scott, Representative from Warren County) was accepted by the party leaders after it had obtained the full ap- proval of the brewers. At the last preceding Gubernatorial election (1881) the Prohibition p irty had polled the largest vote ever cast by it up tottut time in Ohio — 16,597, as against only 2 010 in 1880. The Prohibitionists now made no secret of their hostility to the Scott bill and demanded the submission of a Prohibi- tory Amendment. Both the Scott bill and the Amendment proposition had active sup- porters in the Legislature, while a strong ele- ment opposed both. Finally a compromise was eff scted, the Amendment advocates voting for the Scott bill and the champions of the Scott bill consenting to submission. This agreement was not carri.'d out, however, until it was ar- ranged that two Amendments should be sub- mitted to the people concurrently, one provid- ing for license and the other for Prohibition, so that the liquor men might have another oppor- tunity to insert a license clause in the Constitu- tion. During the campaign that followed the License Amendment was familiarly known as the 1st Amendment, and the Prohibitory Amend- ment as the 2d Amendment. The day for de- ciding whether license or Prohibition should prevail was also the day of the State and legis- lative elections. J. B Foraker and George Hoadly, respectively, were the Republican and Democratic candidates for Governor. Mr. Po- raker, in a speech delivered soon after his nomi- nation, made the notable declaration that ' the principles of regulation and taxation for which it [the Republican party] declares are eternal and will stand ; and to these principles of reg- ulation and taxation of the liquor traffic, be it known of all men. the Republican party is un- alterably committed." ' Mr. Hoadly, who had been connected with the liquor interests as their lawyer, announced himself as decidedly for license, and both the Republican and Demo- cratic parties were arrayed against Prohibition throughout the contest, although the latter was the more demonstrative. The opponents of Prohibition not only had the co operation of the political leaders and or ganizations but commanded the services cf the great newspapers of the State— the Cincinnati Commercial Gazette anifinquirer, the Cleveland Leader and Plain Dealer, etc., most Of them at- tacking Prohibition with extreme bitterness and i From a speech before the Lincoln Club of Cincinnati, as reported in the Cincinnati Commercial Gazette, June 25, 1883. treating the arguments of its friends unfairly, unscrupulously and contemptuously. It was impossible to obtain a hearing for the Prohibi- tion cause in the influential press. The liquor interests, although they did not fight so actively and syslematically against Prohibition as they did in subsequent Amendment contests in other States, were far more aggressive than they had been in either Iowa or Kansas. The brewers offered organized resistance, under the leader- ship of Leo Ebert of Ironton, and the local or- ganizations of saloon-keepers exhibited a lively interest. Besides, the Prohibition movement was discountenanced by many individuals who professed devotion to the interests of " true temperance." One of the particularly discour- aging things was the publication of a letter from Rev. Theodore L. Cuyler D. D., the well-known Eastern temperance champion, in the National Temperance Advocate for October, 1883, in which Dr. Cuyler wrote; u The defeat of the Scott law would be a disaster to our cause. It is probably the best law that the present Consti- tution of Ohio makes possible ; and our friends ought not to assume the responsibility of overthrowing it. A partial victory this year in the election of Foraker and the main- tenance of the Scott law must strengthen our hands for a further advance in restrictive legislation. During the Civil War some of the old and impracticable Abolitionists did little else than cavil at and cripple Abraham Lincoln be- cause he did not adopt their shibboleth and pursue their policy. We temperance reformers must not sacrifice our blessed cause to the unreasonable demands of the imprac- ticables. If we can hold the Scott redoubt in Ohio, then are our guns planted just so much nearer the enemy's citadel." » Nevertheless the Prohibitionists made a most aggressive, enthusiastic, thorough and hopeful campaign It was in charge of the Woman's Christian Temperance Union. Circulars were addressed to well-nigh every class of citizens — ministers, educators, students, manufacturers, ' railroad companies and their employees, etc , — and abundant encouragement and assistance was volunteered. There were scores of able speakers in the field, including John B. Finch, John P. St. John. George W. Bain, George Woodford. M. V. B. Bennett. Frances E. Wil- lard. Mary T. Lathrap and Walter T. Mills. Crowded meetings were held everywhere, and the masses showed a very cordial feeling. The prospect of victory seemed to grow brighter as the campaign progressed. The evidences of the great strength of Prohibition sentiment were not apparent to the politicians at the outset, but they became distinct in the closing month. John B. Finch one morning announced at Pro- hibition headquarters that a political council had been held in Cincinnati and it had been decided that the Amendment must not carry. Mr. Finch also said that every political device would be used to keep down the vote, and exhibited many Democratic and Republican tickets upon which the Prohibitory Amendment proposition was inaccurately printed. In Hamilton County and 2 Mrs. Mary A. Woodbridge, commenting on Dr. Cnyler's letter, says: u l The Scott redoubt' repealed the law making the sale of liquor over the bar, or to be drunk on the premises.or upon the Sabbath day, statutory crimes. It gave us a Local Option Sabbath, and gave the liquor-dealerright to sell without filing an application or securing a bond. It removed all restrictions and elevated the business to a legal plane with other trades. Its vaunted Local Option feature gave no power to suppress the sale, only to close places when they became unmitigated nuisances." Constitutional Prohibition.] 108 [Constitutional Prohibition. other counties all the Democratic ballots had printed upon them, after the 1st Amendment only the word " Yes," and after the 2d Amend- ment only the word "No" — a deliberate device for securing, in behalf of license and against Prohibition the support of all Democrats who were indifferent on the liquor question or who were accustomed to vote the " straight " Demo- cratic ticket without critical inspection. Other unscrupulous tactics were used by the opposi- tion, and the work of the Prohibitionists was thus handicapped in the most effective manner. Notwithstanding all, the vote for Prohibition was so overwhelming, as evidenced by the re- turns received up to midnight of the day of the election, that there was no reasonable doubt in any quarter of the success of the proposition. The figures of the Central Committees of the Republican and Democratic parties on ihat evening indicated a vote for Prohibition many thousands in excess of that subsequently shown by the official returns. Both these Committees, in telegraphic messages, reported 30,000 votes for the Prohibitory Amendment in Hamilton County ; but the official canvass gave only 8,402 for the Amendment in a total of 60,761 in that county. There were indisputable evidences of fraud in the count, and the result was that though the Prohibitory Amendment had a majority of 82,214 of those voting on the ques- tion, it lacked 87,467 of a majority of all the votes polled on State candidates, and therefore, according to the requirements of the Ohio Con- stitution, failed of adoption. An effort was made by the Piohibitionists to bring about a recount of the ballots, but it was urged that the docket of the Supreme Court was over- crowded and that, since the Court would soon be Democratic, nothing could come of such an attempt. The outcome was, however, a great moral victory for the cause of Prohibition, all the greater in view of the ignominious defeat of the License Amendment. That proposition was supported by the whole strength of the liquor influence and the managers of the Demo- cratic party — the party that carried Ohio on the same day for its State and legislative tickets, polling 359,793 votes for Hoadly for Governor; yet the License Amendment? received only 99,- 849 votes, while 192 197 were cast against it, making an' anti-license majority of 92,268 of those voting on the license question, while the license programme lacked 260,807 of a Consti- tutional majority. Yet though the people, by a most extraordinary preponderance of sentiment, showed their preference for Prohibition as against license, every effort to establish the Prohibitory policy in Ohio has been crushed by the politicians of both the leading parties, and the liquor legislation of the State has been shaped, as it was previously to the election of Oct. 9, 1883, in behalf of the liquor interests. The following table shows the vote by counties for and against the License and Prohib- itory Amendments: License. Prohibition. Counties. Yes. No. Yes. No. Adams 138 3,150 Allen 1,002 2,833 3,607 2,379 Ashland 889 2,777 2,901 2,041 License. Counties. Yes. Ashtabula 539 AthenB 806 Anglaize 627 Belmont 1,473 Brown 720 Butler 2,240 Carroll 607 Champaign 976 Clark 1,749 Clermont 1,086 Clinton 809 Columbiana 1,252 Coshocton 493 Crawford 963 Cuyahoga 2,850 Darke Defiance . . Delaware. Erie Fairfield.. Fayette . . . Franklin. . Fulton.... Gallia Geauga. . . Greene . . . Guernsey 1,232 874 812 1,366 921 692 3,185 624 248 324 Kill I 654 Marion . Medina 74 645 577 481 1,241 1,014 Mercer Miami Monroe Montgomery 4,393 Morgan 217 Morrow 877 Muskingum 1,114 No. 1,241 2,420 4,467 7,408 ' 4,497 646 951 3,150 5,158 3,051 3,538 15,341 Prohibition. Yes. No. 4,134 2,673 9,037 434 1,772 4,925 2,967 1,506 2,446 Hamilton 14,780 34,375 Hancock 511 Hardin 812 Harrison 574 Henry 679 Highland 715 Hocking 548 Holmes 674 Huron 542 Jackson 439 Jefferson 1,286 Knox 1,144 Lake 448 Lawrence 1,268 Licking 1,248 Logan 1,354 Lorain 615 Lucas 3,080 Madison 492. Mahoning 2,007 6,748 ' 2,406 3,028 ' 3,194 3,374 '"572 8,999 1,004 4,131 2,234 4,761 ' '2,604 3,001 .2,358 13,459 2,075 6,920 1,108 3,913 2,663 1,342 ' '3,337 ' 2,648 Noble 563 Ottawa 387 Paulding 611 Perry 491 Pickaway 943 Pike 564 Portage 483 Preble 1,189 Putnam 358 Richland 965 Ross 1,673 Sandusky 960 Scioto 613 Seneca 757 Shelby 878 Stark 1,681 Summit 1,188 Trumbull 1,140 Tuscarawas 930 Union. 881 Van Wert 985 Vinton 333 Warren 1,192 Washington 866 Wayne 975 Williams 501 Wood 940 Wyandot 771 2,351 3,821 2,866 3,068 4,391 ' 3,832 2,832 2,086 2,008 2,320 6,699 4,099 1,386 6,154 3,519 1,970 2,725 3,503 5,694 3,941 3,530 6,651 3,251 2,784 12,954 3,555 2,232 4,070 1,860 3,193 3,327 6,203 2,819 2,721 2,525 4,374 4,203 8,402 3,797 3,922 3,387 2,199 3,966 2,311 1,763 4,181 3,372 4,455 3,803 2,468 2,900 4,057 4,051 5,007 4,914 2,526 4,502 2,820 2,948 2,852 1,732 4,331 1,789 0,443 2,649 2,474 5,534 2,753 1,245 2,311 3,272 2,457 1,881 3,373 2,167 2,715 4,433 3,765 2,619 2,104 3,789 2,201 7,791 5,004 5,322 4,421 3,578 3,195 1,434 2,759 3,935 5,113 3,264 4,279 2,674 570 1,291 3,785 ' 4,949 1,036 3,199 2,505 1,481 3,358 16,350 3,762 1,392 8,455 316 375 41,437 2,673 814 1,083 1,163 3,466 ' 1,190 1,940 '2,388 2,731 ' "624 3,738 609 3,801 1,098 2,458 ' 2,047 2,536 2,126 12,878 1,322 3,616 2,225 2,232 1,013 ' 2,841 ' 2,403 2,816 2,568 2,643 2,070 ' i',703 1,710 1,679 1,911 2,351 2,652 l,8i Totals 99,849 192,117 323,189 240,975 Majorities 92,268 82,214 Whole vote on State officers 721,310 Necessary to adopt either Amendment 360,656 Constitutional Prohibition.] 109 [Constitutional Prohibition. Maine. The friends of the Maine law have always had difficulty in persuading political leaders to make certain enforcement provisions of the statute thoroughly radical. After 30 years of statutory Prohibition in Maine, the Prohibition- ists were still pleading for important additions. The politicians replied that there was already as much law as public sentiment would sustain. "Very well," answered the Prohibitionists, " Let us test public sentiment by submitting to the people a Constitutional Amendment." Af- ter much hesitation the political leaders assented, and at the legislative session of 1884 (a concur- rent vote of two-thirds being required) the two branches submitted the Amendment, the vote standing in the Senate 21 yeas to 1 nay (a De- mocrat), and in the House 91 yeas (five of them being Democrats) to 30 nays (23 Democrats and 7 Republicans). The resolve was approved by the Governor on Feb. 21, and the popular vote was taken at the regular State election in Sep- tember. As originally framed, the Amendment contained the words, "The Legislature shall enact laws," etc. The politicians, before sub- mitting the proposition, voted to substitute the word "may" for " shall," but " shall" was re- stored after a long wrangle. A spirited cam- paign was waged. The Woman's Christian Temperance Union and Good Templars did ac- tive work. John B. Finch made speeches, as did Col. R. S. Cheves of Kentucky, Mr. Mann of Alabama, A. A Phelps of New York, Mr. Munson, Grand Worthy Chief Templar of Maine, United States Senator Frye, Congress- man Dinghy, Miss Frances E. Willard, Mis. L. M. N. Stevens, Mrs. Mary A. Woodbridne. Mrs. Pearson of England, Emily Pitt Stevens of Cali- fornia and many others The anti-Prohibition- ists held no public meetings, but strove in va- rious ways to defeat the Amendment. The Democratic press of the State opposed it, and the Republican newspapers with but few excep- tions discouraged the movement quietly, not daring to offer open opposition. Comparatively little help came to the Prohibitionists from out- side the State in the way of pecuniary contri- butions, but there were some donations: Dr. R. H. McDonald of San Francisco sent a check for 8500. Lewiston was the only city giving a negative majority. The election was held while the exciting Blaine-Cleveland Presidential contest was at its height. Persistent efforts had been made by the friends of Prohibition throughout the coun- try to induce the Republican and Democratic parties and their leading representatives to con- sider and discuss the Prohibition issue accord- ing to its merits, and Mr. Cleveland, the Demo- cratic candidate, had inserted in bis letter of acceptance a paragraph opposing Prohibitory laws. Mr. Blaine had not, however, committed himself. Since he was a citizen of Maine his action upon the Constitutional Amendment then pending was awaited with much curiosity. At the election in September he went to the polls in the city of Augusta, voted for the Republican candidates, and, although requested by the ladies to vote also for the Amendment, declined to do so, and ignored that measure. In an address made that evening he said : " The issue of a temperance Amendment to the Con- stitution has been very properly and very rigidly separated from the political contest of the State to-day. Many Democrats voted for it and some Republicans voted against it. The Republican party, by the desire of many leading temperance men, took no action as a party on the Amendment. For myself, I decided not to vote at all on the question. I took this position because I am chosen by the Republican party as the representative of national issues, and by no act of mine shall any question be obtruded into the national campaign which belongs properly to the domain of State politics. Certain advo- cates of Prohibition and certain opponents of Prohibition are each seeking to drag this issue into the national canvass, and thus tending to exclude from popular con- sideration questions which press for national decision. If there be any question that belongs solely to the police power of the State it is the control of the liquor traffic, and wiee men will not neglect national issues in the year of the national contest. The judicious friends of Pro- tective tariff, which is the practical issue of the campaign, will not divert their votes to the question of Prohibition, which is not a practical issue in a national campaign." The vote by counties stood as follows: Prohibition. Counties. Yes. No. Androscoggin. 4,480 2,438 Aroostook 3,809 782 Cumberland... 0,247 3,856 Franklin 2,571 G23 Hancock 3,047 806 Kennebec 7,168 2,175 Knox 3,040 755 Lincoln 2,631 586 Oxford 4,062 1,718 Penobscot 7,380 3,078 Prohibition. Counties. Yes. Piscataquis 2,212 Sagadahoc 2,385 Somerset 4,191 Waldo 3,492 Washington... 3,755 York 7,208 No. 356 741 1,227 1,108 812 2,750 Totals.... Majority. 70,783 23,811 46,9?-2 Neal Dow. South Dakota. The vote on Constitutional Prohibition in South Dakota in 1885, being simply experimen- tal (since no part of Dakota Territory had at that time been admitted into the Union of States, and there was no prospect of early ad- mission), excited little interest. No general campaign was made, and the indifference of the public was shown by the very small total vote —less than 31,000. Rhode Island. Rhode Island is the only State in which Con- stitutional Prohibition has been repealed ; she adopted a Prohibitory Amendment April 7, 1886, by more than a three-fifths popular vote, and annulled it June 20, 1889, also by morf than three-fifths. The circumstances leading to the repeal are presented in the proper place. (See pr. 124-fi.) Long before Constitutional Prohibition was agitated, Rhode Island had enacted and re- scinded Prohibitory statutes. In 1852 a Pro- hibitory law was passed by a Democratic Leg- islature, which was declared unconstitutional in 1853, re-enacted by the "Know-Nothings" in 1855 and repealed by the Republicans in 1863. Again in 1874, after a spirited fight, Prohibition was enacted by statute, and again in 1875 the liquor politicians were strong enough to repeal it. These successive victories and de- feats showed the strength of the Prohibitory sentiment, but demonstrated the superior strength of unscrupulous partisan managers. Yet it was apparent that the majority of ll e dominant party would have sustained the Prohibition principle if left untrammeled by the liquor leaders ; for in 1875, on the direct Constitutional Prohibition.] 110 [Constitutional Prohibition. issue of the repeal of the Prohibition law. the Gubernatorial vote stood: Independent Prohi- bition candidate, 8,724 ; Republican (liquor) candidate, 8,368 ; Democratic (neutral) candi- date, 5,166. After the success of Constitutional Prohibition in Kansas, the friends of Prohibition in Rhode Island abandoned their efforts to re-enact the old statute, and united in behalf of an Amendment to the Constitution. In 1881, 1882 and' 1883 they petitioned the Legislature, but were unable to secure even a favorable report from the Legislative Committee. After the adjournment of the Legislature of 1883 the Woman's Christian Temperance Union began a vigorous campaign for submission, and large meetings were held, addressed by Mrs. Mary A. Livermore, Mrs. J. Ellen Poster, John P. St. John, George W. Bain and John B. Finch. In 1884 a petition for submission signed by 11,000 citizens was presented to the Legislature, and on March 25 a Submission resolution parsed the House of Representatives by 53 yeas to 8 nays ; it was approved by the Senate unani- mously. The endorsement of the next Legis- lature (to be chosen in April, 1884) was required before the Amendment could go to the people. It was now discovered that there had been a technical defect in the proceedings already taken, and the work had to be done anew. Despite the irritations occasioned by the St. Jolm campaign, the Legislature of 1885 voted unanimously for submission, and the Legislature of 1886 (March 10) did the same. Less than four weeks' time was allowed for the campaign At the start very few of the Prohibitionists hoped for victory. The obsta- cles seemed to be insurmountable. Three-fifths of all the votes cast upon the question were required for the adoption of the article. Rhode Island was then regarded as one of the most conservative States of the Union, the right of suffrage being limited by a property qualifica- tion. The State Census of 1885 showed that 58 per cent, of the population was embraced within four cities, while in those cities 30 percent, of the people were of foreign birth ; and the pro- portion of the inhabitants engaged in manufac- turing pursuits was very large. Rhode Island was also, at that time, one of the strongest of Republican States, and it was to be expected that Republican resentment against the Prohi- bitionists stimulated by bitter memories of the St. John campaign, would be practically mani- fested in Rhone Island, as it had been in the New York town meetings that spring. Indeed, the management of the Republican party of the State was thoroughly under the control of the liquor interests. The opponents of Prohibition looked with idle curiosity and amusement upon the efforts of the Amendment's friends. They considered the prospects of a Prohibition majority so slight as to require no active attention, and the un- commonly interesting struggle for important political offices absorbed their energies. The position of Attorney- General is a highly influ- ential one in Rhode Island, and the person occu- pying it is directly responsible for the adminis tration of the liquor laws. Attorney-General Colt had been entirely subservient to the rum- sellers, and damaging revelations had been made public concerning the conduct of his office. His re-election was desired by the saloon element, which had forced his renomination in the Republican Convention. The affairs of practical politics thus engaged the liquor men, and they ignored the Prohibitory Amendment. Although a considerable sum of money had been provided for opposing the Amendment — about $10,000— it was either not expended at all or was not used effectively. At this time Rhode Island was under a low license law, so moderate in its provisions that the most sensitive advocates of the • rights '' of the liquor traffic could have found little fault with it. Yet the liquor-dealers were not con- tent with these easy conditions ; they insisted on nullifying the mild restrictions of the stat- utes, they compelled the officials to disregard the law and they required the dominant party 1o accept their servants as candidates for office. The disgraceful situation was well known to the people of the State ; the notorious violations of one of the most moderate liquor laws of the country had been going on for years; it was un- derstood to be impossible to punish even the mest flagrant offenses in the citv of Provi- dence, and the public disgust was intensified by the exposures in the Attorney-General's office. A very large number of people not entirely in sympathy with the Prohibition policy were therefore ready to record their protest against the axisting conditions, and the Prohibitory Amendment provided them an immediate op- portunity. The belief that there was no chance for the Amendment's adoption smoothed the way for these conservative individuals. To understand the triumph of Prohibition in Rhode Island in 1886 this explanation must Le given prominent recognition. The Prohibition canvass was very dexterously managed. No important help was received from the press, but on the other hand the lead- ing newspapers did cot offer material opposition. The Providence Journal, at that time the lead- ing Republican daily and afterwards the most powerful antagonist of Constitutional Prohibi- tion in Rhode Island, did not mention the sub- ject until just before the election, when it print- ed a few articles indirectly opposing the Amend- ment. The Providence Telegram (Democratic daily) mildly opposed it. The campaign was under the direction of two organizations, the State Woman's Christian Temperance Union, headed by Mrs. E. S. Burlingame, and an or- ganization composed of representatives of the Rhode Island Temperance Union, Good Tem- plars and other societies, led by Rev. H. W. Conant. Effective literature was freely used, there were many able speakers and the clergy gave active assistance A striking feature was the organization of Blue Ribbon clubs, compos- ed of young men who donned the blue ribbon and sought to awaken general interest. This movement was inaugurated by Senator Colquitt. The returns showed not only the triumph of the Amendment but the election for Attorney- General of Edwin Metcalf, candidate of the Prohibition party (endorsed by the Democrats) over Samuel P! Colt, the Republican liquor nominee, by 14,089 to 12,445, although on Gov- ernor the Republicans had a majority of 1,805 Constitutional Prohibition.] Ill [Constitutional Prohibition. over both Prohibitionists and Democrats. The following^ table gives the vote by counties on the Constitutional Amendment : Prohibition. Counties. Yen. No. Bristol 797 575 Newport 1,557 917 Providence 9,487 0,502 Washington 2,087 395 Totals 15,113 9,230 Majority 5,883 Majority in excess of thrue-fifths 507 James W. Williams. CAMPAIGNS OF 1887-9. Michigan. ; After the last vestiges of the Prohibitory leg- islation enacted in Michigan before the war had be?n swept away and the Tax law bad been in- stituted, the temp, ranee people made same feeble efforts to restore the old statute. They met definite defeat in the Legislature of 1879, the House of Representatives voting down the Mosher Prohibitory bill by 53 to 37. (The House contained 66 Republicans, 19 Democrats and 13 Labor men, and there were two vacan- cies.) In 1831 (the Sena! e being Republican by 30 to 2 and the House by 86 to 14), more than 100 000 citizens petitioned for the submis- sion of a Prohibitory Amendment. On Feb. 23, 1881, during the session of the Legislature, a Republican State Coavention met at Lansing and in its platform placed the following : " Resolved, That when the people by petition manifest a desire to alter or amend the Constitution their wishes should receive that consideration to which they are enti- tled as coming from the source of all political power. 11 But submission wai defeated in the House by a vote of 61 yeas to Si nays — less than the nec- essary two-thirds voting in the affirmative. The Republican State Convention of 1882 (Aug. 30) reaffirmed the submission plelge but the Leg- islature? of 1383 and 18S5 failed to submit. Aug. 26, 18S6, the Republican State Convent ; on agvin pledged submission, and the Legislature of 1887, though not expected or requested to do so, finally redeemed the pledge. a This action was due to the aggression of the Prohibi- tion party. Previously to 1881 the party was very feeble in Michigan, having polled only 942 votes for President in 1880. But in 1881 it sud- denly became a serious factor, polling 12,774 votes at the comparatively unimportant spring election. For the next four years its votes were : 1882. 5,851; 1883, 13,950; 1884 (President!. 18,403 ; 1885, 14,708. The repeated failure of the Republicans to redeem their submission pledge made the party Prohibitionists stronger than ever in 1886 ; and Samuel Dickie, their 1 The editor is indebted to Samuel Dickie. 2 The work of submission was not ' accomplished, how- ever, without a lively contest. In the House of Repre- sentatives the Submission resolution went through (Jan. 13) with little opposition by a vote of 74 yeas to 21 nays (ten Democrats voting m the affirmative and only one Republican voting in the negative). In the Senate 22 votes were needed, and 23 of the Senators were Repub- licans. But two of the Republican Senators (Seymour and Hubbell) rebelled, and before the resolution could be carried it was necessary for the Republican leaders to oust a Democrat and swear in a new Republican Senator. The Senate voted to submit -on Jan. 27: ye-ie, 22 (all Re- publicans); nays, 10 (8 Democrats and 2 Republicans). candidate for Governor in that year, made a very energetic canvass and polled 25,179 voles. Previously to 1881 very few States had given Republican pluralities as large as Michigan's ; and in 1880 Roscoe Conkling. in reply to a statement that Michigan would rally nobly for a certain candidate for the Republican Pre i- dential nomination, had sneeringly remarked, '• Anybody can carry Michigan 1" But there was a strong Greenback element in the State, which, by fusion with the Democrats, actually defeated the Republican party in 1882, 1883 and 1885, and came within about 3,300 of wrest- ing the Electoral vote from Blaine in 1884. With an aggressive Prohibition party in the field, controlling 25,000 votes, the Republicans could not afford to repudiate their submission pledge for a fourth time, and so the Legisla- ture of 1887 decided to submit the Amendment. The friends of Prohibition were not prepared for the contest, but they took prompt action. On Feb. 11 a mass convention was held at De- troit and a State Amendment Committee was organized, composed of 10 Republicans, 10 Democrats and 10 Prohibitionists. On Feb. 16 Prof. Samuel Dickie was chosen Chairman of this Committee. The campaign was of 46 daj's' duration. Some liberal contributions of money were made, and a great number of prominent speakers from many States gave their serviees. The Good Templars, Sons of Temperance and other organizations were very active, and the State Woman's Christian Temperance Union, : under the management of Mrs. Mary T. La thrap, (President i and Mrs. Emma A. Wheeler (Secretary) was an important factor. No ma- terial help was received from the political 1. ad- ers of the old parties, and the failure of Gover- nor Luce to give his influence for the Amend- ment was especially disappointing, since the Governor was known as a life-long temperance man, and the Farmers' Alliance, with which he had been identified, had adopted energetic Pro- hibition resolutions. Congressmen Allen and Cutcheon were probably the most prominent public men openly supporting the cause. Every d ,iiy newspaper in the State was hostile or silen;. A conspicuous effort was made to command the formal antagonism of conservative men net personally identified with the liquor traffic, and two distinguished gentlemen, D. Bethune Duf- field and Prof. Kent, made speeches against the Amendment. Their arguments were found- ed on the claim that the High License ( or tax) system then prevailing in Michigan was prefer- able to Prohibitory law; and the impression made upon the masses of the people by the r pleas was so effective that Miss Willard after- wards declared that the Michigan Amendment had "died of High Licence." Mr. Duffield was met in debate however, by John B. Finch, who made a very able and eloquent reply, sup- ported by a great array of testimony. The liquor-sellers themselves put no speakers in the ■field, but they operated in secret ways, receiv- ing the co-operation of the traffic in other States, the sum of £5 000 being contributed by the United States Brewers' Association. At the election frauds wire perpetrated sys- tematically by the liquor men, especially in Detroit and Gogebic County. It was proved by Constitutional Prohibition.] US [Constitutional Prohibition. what the Detroit Free Press called " shoals of affidavits " that the election in Detroit was a mere farce ; in one precinct from which only nine votes for the Amendment were returned, more than 70 men made affidavit that they had voted for it. Gogehic County was created by the Legislature of 1887 out of Ontonagon County, wljich in November, 1886. cast only 1,589 votes. Yet this new county, at the Amend- ment election, returned 2,527 votes, of which 2 341 wjre against Prohibition. The evidences of fraud were duly presented, in detail, to the Legislature, which was still in session, but that body refused to appoint an investigating com- mittee. The following is the vote on the Prohibitory Amendment by counties : Prohibition. Counties. Yes. No. Alcona 331 361 Alger 56 170 Allegan 4,649 2,728 Alpena 1,003 1,463 Antrim .... 1,094 657 Arenac 362 486 Baraga 151 371 Barry 3,099 1,933 Bay 2,458 5,078 JBenzie, 693 213 Berrien 4,112 4,052 Branch 4,334 1,691 Calhoun 5,458 3,424 Cass ... 2,808 1,701 Charlevoix 1,295 456 Cheboygan ... 753 973 Chippewa 640 524 Clare 682 508 Clinton 3,389 2,583 Crawford 219 223 Delta 222 1,347 Eaton 5,318 2,088 Emmet 907 531 Genesee 4,769 3,190 188 225 Gladwin Gogebic 186 2,341 Grand Traverse 1,355 815 Gratiot 3,648 Hillsdale 5,266 Houghton Huron . .. Ingham 5,4' Ionia 4,846 Iosco 1,187 Iron 129 Isabella 2,175 Isle Koyal No returns Jackson 5,226 4,302 Kalamazoo Kalkaska.. Kent Keweenaw . Lake Lapeer — 1,607 1,873 1,166 2,684 1,696 2,264 ~ 2,648 2,(1:15 1,058 720 840 4,215 3,390 018 283 0,642 10,99: 153 285 1,008 570 2,847 2,636 Prohibition. Counties. Yes. No. Leelanaw . . . . 562 004 . 5,771 4,784 . 2,949 2,017 Luce 149 188 392 557 . 1,719 4,279 Manistee . 1,527 1,799 Manitou 18 124 . 1,475 3,013 . 1,413 1,094 Mecosta . 2,459 1,454 Menominee .. . '1,242 2,601 Midland . 1,320 691 Missaukee . . . 418 358 . 2,121 3,757 Montcalm . . 4,631 2,032 Montmorency . 168 103 Muskegon . 2,819 3,882 Newaygo ... 2,309 1,273 . 4,435 4,087 Oceana 2,053 731 . 359 475 Ontonagon... 64 2m; . 1,680 750 Oscoda . . 178 132 572 257 . 2,820 3,043 Presque Isle . 07 748 Roscommon . 160 174 Saginaw 3,181 9,033 . 2,161 2.458 Schoolcraft . . . 384 554 Shiawassee. . . 3,934 2,241 St. Clair .... . 2,909 5,875 St. Joseph . 3,321 2,150 . 3,523 2,222 VanBuren. .. . 5,111 1,549 Washtenaw . . . 4,110 4,999 . 5,860 28,169 . 1,410 773 Totals 178,636 184,281 Majority 5,545 Texas.' In the Amendment contest in Texas, more than in any other State, North or South, the political leaders engaged in a general discussion of the question, and openly took sides upon it. The refusal of the Prohibition managers to accept offers of rpeakers from the North, the publication of Jefferson Davis's letter against Prohibition, the successful efforts of the liquor advocates to control the negro vote and the heavy rural majorities in opposition to the Amendment, were other unique features. To satisfy the temperance people, a clause guaranteeing Local Option was placed in the Texas Constitution in 1875. For a number of i The editor is indebted to J. B. Cranflll of W^eo, Tex. years Local Option work absorbed the energies of the saloon's opponents, but the weakness of this method was finally recognized, and from 1831 to 1887 the Legislature was repeatedly p.'titionel to submit a Prohibitory Constitu- tional Amendment. Submission, when ob- tained, was due to the organization and activity of the Prohibition party Until 1886 there had been no separate party movement by the Prohibitionists, although 3 534 votes had been secured for St. Jotin in Texas without organization. In 1886 the Democrats refused to pledge the submission of an Amendment. A Prohibition Convention was then held, a State ticket was nominated with E. L Dohoney as the candidate for Governor, and 19,186 votes were polled for Mr. Dohoney. The Legislature of 1887 promptly voted to submit, the House of Representatives passing the Submission reso- lution by 80 yeas to 21 nays, and the Senate concurring (Feb. 25) by 22 yeas to 8 nays. This Legislature was overwhelmingly Demo- cratic—unanimously so in the Senate, while the House of Representatives contained only six opposition members in a total of 119. In the campaign, for which preparations were promptly made, Rev. B. H. Carroll, D.D., was Chairman of the Prohilriiion Executive Com- mittee, and a fund of $15,000 was raised in the State, which was increased by contributions from the North — considerable sums being sub- scribed by reader', of the Voice. The liquor element showed an aggressive disposition from, the start, and with the approval of some of ihe chief Democratic politicians — notably Con- gressman Roger Q. Mills, Lieutenant-Governor Barnett Gibbs, and Speaker Pendleton of the Texas House of Representatives— announced that the anti-Prohibition fight would be essentially a Democratic party fight. These rum champions, at the outset, issued a curious cail for a State meeting, in which they ventured to solicit the attendance among other lovers of the liquor-saloons, of " all who have not yet lost faith in the church, the home and the school; patriots who revere the grandeur of our great State ; all who believe the people Of Texas are a religious people: all Christian people." But the singular inappropriateness of waging a pro- liquor crusade on the basis of religion and morality was soon perceived, and it was decided to abandon sentimental professions and appeal to Democratic partisan prejudices. This assumption that the party was fundamentally a whiskey party aroused the resentment of many prominent Democratic leaders, wlrch was all the stronger since the la;-t Democratic State platform had declared that " the views of any citizen upon the question of Local Option" should not "interfere with his standing in the Democratic party." United States Senator John H. Reagan, ex Senator S. B. Maxey, Congressmen Culberson and Lanham, ex- Congressman Herndon and others pronounced for the Amendment. " In every community," wrote Senator Reagan, " we find men, once honored and respected, reduced to poverty, wretchedness, and dishonor, spending their money and time in drinking saloons, wives weighed down with grief and sorrow and want. and heartbroken and helpless children growing Constitutional Prohibition.] 113 [Constitutional Prohibition. up in ignorance, beggary and vice, because husbands and lathers have been made drunkards and vagabonds by patronizing the drinking saloons. Millions of dollars are invested in this business of making men drunkards and in producing the . desolation and ruin of women and children, which if employed in agricultural, manufacturing or commercial pursuits, and directed by the' talents and time wasted in these drinking houses, would add untold millions to the aggregate wealth of the State, and make as many thousands of happy families as are now made miserable because this money and time are given to the selling and drinking of intoxicating liquors. In view of these facts, with all respect to the meeting at Austin and its committee, I must express my regret that any effort has been made to make a party question of it ; and especially do I regret that Democrats should seek to identify that great and grand historic party with the fortunes and fate of whiskey-shops, drunkards and criminals." But the methods of the Prohibitionists in the campaign were defensive. Their energies were directed chiefly toward competing with the rumsellers for Democratic influence. Proffers from th3 North were rejected ; the help of the women was not invite J ; ' the strongest efforts were made in the cities and the rural districts were neglected, and sufficient attention was not given to cultivating the support of the very large negro element. On the other hand the anti-Prohibitionists (under the management of George Clark, a shrewu Democratic leader, who, it was alleged by Thomas R. Bonner, re- ceived 550,000 for his services) made a very vigorous campaign^ They worked in co opera- tion with the national liquor organizations which, since the narrow escape from defeat in Michigan, had manifested a determination to crush Prohibition in all subsequent contests. 2 They received a subscription of $5,000 from the United States Brewers' Association, and sent a committee to canvass for contributions in the Northern cities; and this committee raised large sums, obtaining, it was said. 850,000 in Chicago alone. 3 They made special exertions to win the colored vote, sending out Archibald Cochran (the Republican candidate for Governor in 1886) to work among the negroes. They placed no restraints upon their followers : the most vindictive langua ; e was indulged in, and Congressman Mills bitterly attacked the clergy- men who were advocating the Amendment, de- claring that " the political preachers" ought to be "scourged back to their pulpits." Prohibition meetings were broken up ; at San Antonio, June 7, the venerable Bishop H. M. Turner (colored) of Georgia was mobbed and his audi- ence was dispersed. The support of the leading daily papers was secured for the liquor cause by 1 The Texas Woman's Christian Temperance Union, however, led by Mrs. Jennie Bland Beauchamp and others, made independent exertions. 2 The policy of these organizations was thus expressed by the Louisville Weekly Bulletin, a leading whiskey organ, April 13, 1887: , , . "If we carry Texas and Tennessee, and defeat the pres- ent Btate of affairs in Atlanta, we can then bid Prohibition defiance and go into Iowa and Kansas assured of re-estab- lishing law and order where all is now confusion." s See the Voice, June 83, 1887. the payment of generous sums ; the 'Dallas and Galveston News, principal daily of the State, was liberally patronized, an enormous quantity of anti-Prohibition matter being published in it at advertising rates 4 The only daily newspapers advocating the Amendment were the Waco Advance and Day and the Dallas Times-Herald, although all the religious and many of the country weeklies supported it. Very large meet, ings were held by both sides. Ten days before the election there was a mammoth State gather- ing of anti-Prohibitionists at Fort Worth, and to insure order at this great demonstration in favor of the drink traffic the sale of liquor on the grounds was rigidly prohibited and suppressed. The greatest sensation of the campaign was produced on this occasion, a letter from Jeffer- son Davis airainst Constitutional Prohibition be- ing read. His argument was based on opposi- tion to paternal governments, the belief 'that " the world is governed too much." the convic- tion that legitimate personal rights .would be interfered with by Prohibition, the opinion that legislation should be directed against the abuse and not the use of liquor, and the belief that a Prohibitory law could not be enforced. 5 A marked effect was produced by the Davis letter. The vote by counties on the Prohibitory Amendment stood as follows: Prohibition. Counties. Yes. No. Anderson 1,221 Angelina Aransas. . Archer. . Atascosa Austin... Bandera Bastrop. . Baylor . . Bee Bell Bexar Blanco. . Bosque. 420 6 54 210 32.") 231 i 774 142 124 2,742 773 371 1,207 Bowie 1,558 284 S'.IK 36 840 814 687 1,028 4 Brazoria Brazos Brewster . . . Brown Burleson . . . Burnet .... Caldwell.... Calhoun. . . . Callahan . . . Cameron . . . Camp . . Cass Chambers . . Cherokee . . Childress.... Clay Coleman . . . Collin Colorado . . Comal. . . Comanche . Concho Cooke 2,073 85 683 .621 ' 107 ,459 28 321 397 2,756 743 626 1,398 Coryell . Crosby. Dallas . . Delta..., Denton . 1.263 35 3,626 770 1,6311 3,109 665 10P 44 382 2,987 428 2,479 84 253 3,501 6,344 507 1,494 1,321 1,031 1,965 -49 1,150 1,560 802 1,538 143 391 1,216 489 2,019 224 1 16 395 429 2.39;-, 2.870 1,264 1 - ' 74 1,973 1,763 16 6,38) 692 2,354 Prohibition. Counties. De Witt... Dimmit Donley Duval Eastland Edwards . . Ellis El Paso 211 Encinal Erath 1,013 Yes. 415 61 34 17 -,63 72 2,711 1,111 4,071 791 399 421 748 152 Galvestin 1,206 Falls. Fannin Fayette. . . . Fisher Fort Bend. Franklin ... Freestone.. . Frio. Gillespie Goliad. .. Gonzales. . Grayson .. Greer Gregg Grimes Guadalupe Hale Hamilton.. Hardeman. Hardin Harris .. .. Harrison . . Haskell.... Hays ... . Henderson Hidalgo... Hill Hood Hopkin 1,655 Howard 86 Houston 1,088 Hunt 2,281 175 881 3,991 21 680 1,017 731 15 70S 139 228 1,515 899 73 883 813 6 2,562 No. 1,709 53 84 283 774 116 3,337 1,866 16 1,651 2,894 2,910 4,627 54 1,595 749 2.2.S6 '236 2,561 1,186 739 2,069 4,147 24 928 2,668 2,045 1 998 181 309' 4,323 2,951 75 954 1,415 435 2,695 589 2,003 112 2,179 2,764 4 This journal originated the policy adopted by news- papers in all the States subsequently voting on Prohibition, of refusing to print articles fo-.' or against Prohibition un- less paid for doing so. The liquor, men, having abundant funds, were able to control its columns. » For the text of Jefferson Davis's letter, sec "The Po- litical Prohibitionist for 1888," p. 145. Constitutional Prohibition.] 114 [Constitutional Prohibition. Counties. Jack Jackson . . Jasper Jeff Davis. Jefferson . Johnson 2,187 Jones 269 Karnes 120 Kaufman 2,140 Prohibition Yes. No 495 74( 193 3U 144 665 22 169 64 2S2 145 39 72 Lamar 3,164 Kendall . Kerr Kimble. Kinney. . Knox . 762 60 591 447 719 223 Lampasas. La Salle . . Lavaca. . . Lee Leon Liberty . . . Limestone 1,432 Live Oak... Llano Madison... Marion Martin — Mason Matagorda Maverick. . McCulloch McLennan 3,423 McMullen 45 Medina 128 Menard 59 Midland 82 Milam 1,615 Mitchell 184 Montague 1,173 Montgomery . . . 803 Morris 428 Nacogdoches.. 731 Navarro 2,392 417 371 390 32 331 114 25 174 Newton. Nolan Nueces ... Oldham . . . Orange... Palo Pinto Panola Parker 1,461 PecoB 4 Polk 398 123 142 171 IS 20!) 509 74 512 2,161 65 294 2,249 636 •370 207 256 41 3,200 797 135 2,393 1,473 1,691 460 2,528 213 626 747 1,336 47 ■491 514 420 268 4,413 71 842 125 28 2,778 148 1,660 1,059 609 1,670 3,969 448 75 796 65 310 619 1,508 1,684 74 1,' Prohibition. Counties. Yes. No. Presidio 1 395 Rains 375 387 Red River 1,885 2,052 Reeves Refugio . . . Robertson . Rockwall . Runnels. . . 54 73 13 133 1,423 3,219 459 544 234 160 1,291 2,494 256 188 336 713 222 KtiO 8 79 527 389 53 12 144 124 924 1,177 Sabine San Augustine. San Jacinto San Patricio... San Saba Scurry Shackelford.. . Shelby Smith 1,719 2,939 Somervell 253 282 Starr 18 250 Stephens 311 295 Stonewall 16 8 Tarrant 3,136 2,833 Taylor 535 270 Throckmorton. 102 40 Titus 587 758 Tom Green 192 512 Travis 2,421 4,104 Trinity 451 668 Tyler 617 669 Upshur 885 1,259 Uvalde 206 280 Val Verde 91 180 Van Zandt . . . . 1,250 1,807 Victoria 229 1,178 Walker Waller Washington . Webb Wharton Wheeler Wichita .... Wilbarger 187 118 Williamson.... 2,338 2,018 Wilson 378 1,154 Wise 1,522 2,321 Wood 1,126 1,558 Young 330 361 Zapata 69 Zavala 61 46 528 1,392 385 1,533 1,592 3,430 56 694 225 1,175 43 113 129 146 Totals .... 129,270 220,627 Majority 91,357 lennessee. Though the Amendment election in Ten- nessee was held only eight weeks after the great defeat in Texas and was materially affected by that result, it was not productive of a propor- tionately large anti Prohibition majority, or one commensurate with the expectations of the liquor men. The campaign of the opposition was just as unscrupulous and corrupt as in Texas, and the various influences for controll- ing the popular verdict were manipulated with well-nigh equal success. But the Prohibition canvass was made under more favorable condi- tions; the temperance organizations were stronger; the work of education and agitation in behalf of personal temperance and against the saloon had been more thoroughly done ; the smaller area of the State gave better oppor- tunities for systematic management of the con- test, and the benefits of the "Pour Mile" Pro- hibitory law had prepared the people for more radical action. After several years of unavailing agitation for the submission of a Constitutional Amend- ment, the Prohibitionists persuaded theLegis lature of 1885 to take the initial step, and the next. Legislature, in 1887, completed the work, appointing the 29th of September, 1887, as the day for the election. 1 The State Temperance Alliance (J. H. Fussell. President , and the Slate Woman's Christian Temperance "Union (Mrs: Lide Meriwether, President) were the active forces supporting the Amendment in the cam- paign. The brunt .of the canvass was borne by the trained Prohibition workers, and there was no discrimination against Northern sympa- thizers. "Valuable help was given by leaders like Miss Willard, A. A. Hopkins, Sam Jones, George W. Bain, C. N. Grandisnn and Senator Colquitt. But some assistance was received from eminent public men of Tennessee, like A. S. Colyar, editor of the Nashville American, and ex-Supreme Judges East, Campbell and Free- man. Governor Taylor expressed his intention to vote for the Amendment, but made no effort in its behalf. Most of the leading newspapers were violently opposed to it (particularly those published in Memphis), although the chief Democratic organ, the Nashville American, was neutral. The principal Republican, journal, the Nashville National Review, was intolerantly hostile. The anti-Prohibitionists were under the lead- ership of George S. Kinney.President of the State Liquor- Dealers' Association. The United States Brewers' Association donated $3,000 to their campaign fund, and the National Protective Association, at a meeting held in Cincinnati two weeks before the election, appropriated $15,000. Very few public meetings were held by the Amendment's opponents, but their secret work, especially among the leaders of the col- ored men, was perseveringly and shrewdly done. The Knoxville Journal (Rep.) circum- stantially charged that Mr. Kinney offered a Republican Congressman *5,000 for his influ- ence; and the Democratic Collector of Internal Revenue at Nashville compelled all his employ- ees to contribute to the anti-Prohibition cam- paign fund. Prominent lawyers and politicians were also persuaded to perform special services. Col. J. J. Vertrees, a well-known member of the bar, and State Treasurer Atha Thomas pub- lished artful appeals against Prohibition on rev- enue grounds. One of the most striking incidents of the con- test was the publication of the following, sign- ed by 400 convicts of the State Penitentiary : " To the Voters of the State of : " In all ages in the history of mankind, crises, reforma- tions and revolutions have been the direct result of prac- tical experiences by the human family. " One of these experiences has taught the people of the State of Tennessee that their prisons are filled, their poor- houses occupied and their paupers created by the direct influences of that soul-destroying demon, Whiskey. We, the inmates of the State Penitentiary, knowing by obser- vation and convinced by undeniable facts that liquor is the cause of all the misery we endure, of all the hardships and privations we subject those to dependent upon us, do hereby most earnestly ask that the voters of this great State may seriously consider the question before them and give their aid in word and deed to the cause of Prohibition. "AVe do not say that every prisoner in the State is an habitual drunkard. We do not claim that every criminal act was perpetrated under the influence of whiskey; but we fearlessly assert that three-fourths in , these walls can trace their downfall directly or indirectly 'to that cause. 1 Both Legislatures had large Democratic majorities. The vote on submission in 1885 stood: Senate, 20 yeas to 11 nays; House, 57 yeas to 20 nays. In 1887 the vote stood: Senate, 39 yeas to 2 nays; House, 87 yeas to 4nays. Constitutional Prohibition.] 115 [Constitutional Prohibition. "Wearing the garb of disgrace, being dishonored and counted unworthy to mingle with the people of our State, we yet have the same devotion to our mothers, the 6ame affection for our sisters; and for their sake and for the sake of our children we appeal to you to unite as one man and free the State from a curse created by the hands of men, discountenanced by the law of God. 11 The table below shows the vote by counties : Prohibition. Counties. Yes. No. Anderson 1,136 571 Bedford 2,186 2,232 Benton 832 812 Bledsoe 417 327 Blount 1,611 928 Bradley 1,282 720 Campbell 1,080 602 Cannon 480 945 Carroll 2,075 1,764 Carter 1,032 380 Cheatham 302 1,160 Cheetar 641 687 Claiborne 782 484 Clay 281 755 Cocke 1,239 1,018 Coffee 714 1,641 Crockett 1,453 1,154 Cumberland... 384 365 Davidson 7,178 9,980 Decatur 400 703 De Kalb....,,.. 603 1,883 Dickson 641 1,519 Dyer 1,652 1,661 Payette 1,393 2,653 Fentres 156 478 Franklin 904 2,062 Gibson 4,178 1,819 Giles 2,118 3,045 Grainger 890 789 Greene 2,483 1,783 Grundy 355 607 Hamblin 1,322 471 Hamilton 3,054 4,177 Hancock 866 355 Hardeman 1,072 2,0.35 Hardin 1,170 1,346 Hawkins 1,637 1,194 Haywood 1,327 2,488 Henderson .... 823 1,230 Henry 1,796 1,1" " Hickman 741 1,676 Houston 437 507 Humphreys.... 627 1,350 Jackson 479 1,36: James 219 434 Jefferson 1,587 1,012 Johnson 492 589 Knox 5,984 2,601 Lake 202 410 Lauerdale -. 1,317 1,1 Prohibition' Counties. Yes. No. Lawrence 614 915 Lewis 94 252 Lincoln 1,911 2,840 Loudon 905 381 Macon 423 1,117 McMinn 1,621 McNairy 880 Madison 2,152 Marion 682 Marshall 1,833 Maury 2,756 Meigs 450 Monroe 1,210 Montgomery ... 1 ,31 2 Moore 220 Morgan 338 2,27 444 103 71 331 515 Obion Overton Perry . . Pickett. Polk.... Putnam Rhea 1,045 Eoane 1,073 Robertson 1,237 Rutherford.... 1,451 Scott 447 Sequatchie 83 Sevier . .. 1,113 1,173 2,538 1,148 1,510 3,523 648 791 3,026 912 448 2,577 1,299 570 460 621 1,344 791 1,001 8.245 4,300 513 280 1,223 Shelby 4,550 10,574 Smith 897 " Stewart — ... 578 Sullivan 1,870 Sumner 1,481 Tipton 1,818 Trousdale Unicoi Union "Van Buren . . Warren . . . Washington Wayne Weakley 2,510 White 602 Williamson 1,414 Wilson 2,219 300 333 608 134 760 2,211 681 1. 1,3C3 1,005 2,387 1,863 682 196 1,006 355 1,514 816 654 2,128 1,353 2,814 1.913 Totals 117,504 145,1 97 Majority 27,693 Oregon. 1 Oregon, at the beginning of her history, en- joyed Prohibition for u. period of five years — from 1843 to 1848. At various times before and after her admission as a State, unsuccessful at- tempts to procure Prohibitory measures were made by the Temperance Alliance and other organizations. In the Legislature of 1883 a bill for submitting a Prohibitory Amendment was introduced, but owing to a technical error it was withdrawn. The Legislatures of 1885 and 1887 voted for submission, the latter witi! but three dissenting votes (all Republicans). The temperance sentiment of Oregon had always been considered strong, and the result of the election was a surprise to many persons. It was, however, a perfectly natural consequence of irresistible influences. The Portland Ore- gonian, leading Republican organ, which had probably greater weight with the public of the State than all other newspapers combined, took i The editor is indebted to H. S. Lyman. most emphatic ground against the Amendment. The power of the Oregonian hid been demon- strated in the political canvass of 1886, when it had bolted the Republican ticket because of the corruption of the party and had given its sup- port to the Prohibition candidates. Although the State had always been reliably Republican, the Oregonian "s attitude defeated the Republican nominee for Governor and increased the vote of the Prohibition party from 492 in 1884 to 2,700. At the same ejection the Chairman of the Re- publican 'State Committee, Joseph Simon, had sacrificed the interests of the decent elements of the party by deliberately " knifing " Hon. J. B. Waldo, Republican and Prohibition candidate for Judge of the Supreme Court, and causing the election of his Democratic opponent, who was a tool of the liquor men. This disgraceful act caused the Oregonian to say: " The Republican party has been betrayed by villainous leadership into an alliance with the liquor ring. It has been debauched and prostituted to the liquor ring's ser- vices. It must shake off that leadership, repudiate that alliance or go to its death. It cannot support the infamy of such associations. It will lose all its men of character, conscience and decency, and it will die ignominiously, as it deserves. Redeem the Republican party from the liquor ring! Disenthrall it, or let it die. 11 But in the Amendment campaign of 1887 the respectable Oregonian and the disreputable Simon united their energies against Prohibition. Simon was still Chairman of the Republican State Committee, and he used his position to help the liquor men. He controlled the distri- bution of the large fund brought into the State a short time before the election by an emissary of the Eastern liquor interests. Under his dex- terous management the Republican counties gave a very large anti-Prohibition majority, al- though the vote of the counties that had gone Democratic in the June election of 1886 was nearly equally divided for and against the Amendment. It was charged that Simon op- posed the Amendment on the distinct under- standing that the liquor vote would be thrown for the Republican parly in the Presidential year of 1888 ; and developments justified this charge. 2 The Prohibition canvass was conducted by a State League, of which A. M. Smith was Chair- man and G. M. Peirce was Secretary. The various temperance organizations gave cordial assistance. Numerous addresses were made by Oregon workers and by leaders from other States. The exclusion of ex-Governor St. John of Kansas from the campaign, at the demand of intolerant Republicans, caused much dissatis- faction. No important public meetings were held by the liquor men, but they had the ser- vices of some prominent persons, ' especially Abigail Scott Duniway. Characteristic liquor documents, specially appealing to the farmers, taxpayers and public generally, were abun- dantly distributed and frauds were committed at the polls. The election day was stormy and only a light vote was cast in places where there 2 In June, 1888, the Republican candidate for Congress received 7,407 plurality, and Harrison's plurality in No- vember was 6,769. These pluralities were largely in excess of any that had been obtained in recent years by the Re- publicans in Oregon, even under very favorable conditions. In 1884 Blaine's plurality was only 2,256. Constitutional Prohibition.] 11G [Constitutional Prohibition. was an honest poll, the total being 47,931 as agairso 54,954 at the State el, ct'on cf lc86. Vet in the county cf Multomuh (containing the city of Portland the vote was 9,476 as against only 7,964 for Congressman at th'd exciting contest of 1886. The vote by counties follows: Counties. Baker Benton Clackamas . Clatsop Columbia. . . Coos . . . Crook Curry Douglas . . . Gilliam Grant Jackson Josephine . . Klamath . . . Lake Lane Prohibition. Yes. No. 849 408 180 019 •139 129 Mill 414 498 553 184 SI 160 1,023 524 1,239 1,101 85li 5:34 1T2 120 1,067 303 535 1,311 556 170 214 1,260 Counties. Linn Malheur — Marion Morrow Multomah . . Polk Tillamook. . Umatilla — "Union Wallowa Wasco Washington Yamhill . . . Prohibition. Yes. No. . 1,915 149 .. -1,498 497 , . 1,945 258 1,331 759 245 190 015 1,180 226 2,030 360 7,531 547 340 1,081 912 220 1,260 Sid 1,077 Totals. ... 19,973 27,958 Majority. . 7,985 The day of the Presidential election of J888 was the day for deciding the question of Con- stitutional Prohibition in West Virginia. This has always been considered unfortunate by the Prohibitionists of that State. The Cleveland- Harrison campaign was very exciting there, and Ih J strength cf the two leading parties was so nearly equal that there was a difference be- tween them of only 506 votes in a total of about 160.000. At the same time warm contests were waged for the State, Congressional, legislative and o'her offices. Naturally in this fierce parti- san fight the interests of Prohibition were sacri- ficed. For ether reasons there was not a fair trial of the question on its merits Dissensions among the f • ijnds of Prohibition prevented an energetic and systematic campaign. Proper ef- forts were not made for securing the services of the best Prohibition workers from other States, and the demands of the Prohibition political can- vass throughout the Uiiion engaged well nigh nil the s n eakevs of national reputation. On the other hand tli e anti Prohibitionists were not only favored by conditions, but by abundant funds, aggressive work, corrupt practices, newspaper support and all the other agencies so indus- triously and successfully applied in the typical liquor campaigns against Constitutional Pro- hibition. West Virginia's movement for submission be- gan in 1880, and was originated and promoted by representatives of leaeling religious denomi- nations of the State. The submission of the Amendment was due to the organization and activity of the Prohibition parly. In the Demo cratic Legislature of 1887 the House promptly voted for submission l:y 55 to 10, but the Senate, while favoring the measure by a ma- jority, refused to give the necessary two-thirds until the Prohibition managers threatened > to pass a statutory law granting complete Pro- hibition, when the obstructionists permitted the submission resolution to go through.' 2 1 The editor is indebted to Dave D. Johnson of Parkers- burg, W. Ya. 2 The Legislature of 18F7 was Democratic in both branches— in the Senate by 14 to 12 and in the House by 30 A "non-partisan League" was organized, after considerable discussion, to manage the Prohibition campaign; but practically no sup- port was given to it by the Republicans and Democrats who had strenuously demanded its creation, and it did no important work. The Woman's Christian Temperance Union was the most serviceable organization, employing able speakers. But no very large public meetings were held, and the general feeling was apathetic. The liquor managers used money corruptly. 3 After the election i Nov. 10) Bonforfs 'Wine and Spirit Circular, the leading national organ of the whiskey-sellers, said: tk During months past tons of literature have been scat- tered broadcast over the State, and scarcely a county but has heard a public speaker for our cause, and, wherever possible, a joint debate. Fcr this result, as in each of those preceding it, the trade owes a lasting debt of grati- tude to the National Protective Association, and to the gentlemen who have so admirably directed its affairs." The Wheeling Intellif/eneer (Rep. i and Regis- ter (Dem. ), the chief dailies of the State, fought the Amendment unscrupulou ly, and compara- tively few of the country weeklies favored it. The newspapers generally were corrupted by saloon money. The Parkcrsbuig Freeman, State organ of the Prohibition party, was the principal supporter of the cause. An attempt was ma'le to analyze the vote. Since tee Amendment question was printed on the party ballots, it was possible to ascertain, by keeping a tally at each polling place, how the Republi- cans and Democrats stood concerning it. At the direction of the Prohibition State Commit- tee, tallies were kept at 43 precincts in 28 dif- ferent counties, representing about one-twelfth of the vote of the State. Of the 5 283 Demo- cratic voters in these 43 precincts, 2 004 were for the Amendment 2,168 again?! it and 1,121 did not vote either for or against Of the 5 502 Republican voters. 1,967 supported the Amendment, 2,316 opposed it and 2 316 ig nored it. The vote in detail is given ia the following table : Prohibition. Prohibition. Counties. Yes. No. Counties. Yes. No. Barbour.. . 457 1,919 Lewis , . 1,075 1,271 Berkeley.. . 975 2,030 225 1,062 101 266 .. 1,032 1,246 .. 1,427 2,319 928 691 Marshall . . . .. 1,504 2 215 Cabell . .. .. 1,398 1,877 . 1,297 2,365 411 406 720 296 4?5 780 Clay Doddridge. 547 1,431 Monongalia. .. 1,049 1,732 .. 1,332 1,850 713 1,047 Gilmer .. 533 352 1,007 790 394 800 Grant .... McDowell . . . Greenbrier . 811 1,999 .. 1,0S0 537 103 1,900 Ohio .. l,f'20 6,951 1,332 Hancock . . . 527 321 Pendleton . . 253 247 1,154 .. 413 742 Harrison ... 1,500 2,329 Pocahontas. .. 330 813 1,069 1,842 Preston . . 1,321 2,538 Jefferson . . .. 1,026 1,939 970 1,246 Kanawha 2,720 3,350 Ealeigh . . to 29. Of the 16 votes againpt Mibmission cast in the two branches, 13 were given by Democrats Liid 3 by Repub- licans. The stubborn fight was due to the great fear of the liquor men that the Amendment would be ratified if sent to the people. It will be remembered that the West Virginia submission struggle was made before the votes of Michigan, Texas, Tennessee and Oregon had given new conr-i're to the traffic. 3 Scl- the Voice, Dec. 27, 1888. Constitutional Prohibition.] IV, [Constitutional Prohibition. Prohibition. Counties. Yes. Randolph 25 J Ritchie 1,30 j Roane . Summers . Taylor . . . Tucker .. Tyler ... Upshur . . Wayne . . . 85:. 402 (iSJ 3K5 rv.i 1,085 835 No. 1,681 1,543 1,315 1,301 1,631 527 1,435 1,108 1,410 Counties. Webster . . Wetzel.... Wirt Prohibition. Yes. No. 2d0 053 57 8 Wood 8,075 Wyoming 222 524 2,267 1,015 2,528 38li Totals .. Aggregate . Majority . . . 41,668 76,555 ....118,223 .... 34,887 New Hampshire. For a. generation Now Hampshire had been under a partial and defective Prohibition law befo.e any recognitioa of the appeals made by its friends for more stringeut provisions was vouchsafed by the political rulers of the State. The statutes, wnite prohibiting the common sale of intoxicating beverages, permitted the manufacture. Under this peculiar measure several extensive brewing establishments flour- ished, and in time they became exceedingly powerful in State politics. Remarkable and conflicting conditions prevailed. Though una- ble to establish thorough Prohibition the tem- perance people were able to compel the reten- tion of the old law, and one of the most ex- treme ?rohibitio.i advocates of the entire coun- try i Henry W. Blair) was sent to represent New Hampshire in the United States Senate. They were also strong enough to command tolerably satisfactory enforcement of the law in nearly every community excepting a few cities. On the other ban .1. wherever any real advantage was sought by the Prohibitionists the liquor influence seemed to be omnipotent. At one session of the Legislature a deputation of ladies advocating certain amendments was received with great discourtesy, and members of the legislative commltiee filled the room with tobacco smoke waile the ladies presented their case. It was a curious fact that while New Hampshire was intensely Republican her wealth 'est Democratic liquor manufacturer (Frank Jones) had an inlueacc with the Legis lature outweighing that of the best elements of citizens. The explanation of Mr. Jones's suc- cessful opposition to furth r Prohibitory legis- lation was significantly hinted at in testimony which he g ive in the famous bribery investi- gation of 1887. 'idenare a good deal like hogs," said Mr Jones in that testimony: "they don'tlike to be driven. But you throw them down a little corn and you can call them most anywhere." In New Hampshire the Legislature has no power to propose Amendments to the Constitu- tion, and such Amendments can be submitted only by Constitutional Conventions held not oftenerthan once in seven years. A two thirds vote of the people is required to ratify and adopt an Amendment. Therefore the Prohibi- tionists of the u«ate in their efforts to improve the law were forced to appeal to the Legisla- ture for statutory action. The Legislature of 1837 was asked to pass an act prohibiting the manufacture of liquor, but although the Re- publican State Convention of 1836 had made warm professions of loyalty to the Prohibition ca'ise. the bill against the manufacture was defeated. In January, 1889, the Constitutional Convention met, and the Prohibitionists appeal- ed to il to submit an Amendment providing for complete Prohibition. Such an Amendment was accordingly submitted (Jan. 10 . A cam- paign organization of Prohibitionists was effected soon afterwards, with George A. Bailey as Chairman. The different elements of Prohibitionists worked in harmony in the canvass. Chairman Bailey claimed that three-' fourths of the 300 clergymen in the State were "actively engaged" in behalf of the Amend- ment. Governor elect D. H. Goo.lell was a prominent speaker for it, and even so shrewd a Republican politician as Senator Wil- liam E ChanJler wrote a letter endorsing it. It was commonly luiown that the fund used by the liquor people aggregated $10J,000. But they held only one small public mc e ing, which was addressed by William P. To nlinson, a Democratic editor from Kansas. The mist notable feature of the discussion in the press was upon the cider-exemption clause of the Amendment. This clause had been inserted at the instance of some Prohibitionists who thought votes would be gained among the farmers by discriminating in favor of cider, and who reasoned that the Legislature could afterwarJs suppress the alcoholic cider traffic by statute, as the Maine Legislature had done. But by making this exemption the Prohibition- ists introduced a confusing element into the contest, were forced upon the defensive and lost many votes. Although some of the news- papers refrained from offensive hostititv, the behavior of the press in general clearly showed that much of the money of the liquor managers had been placed in the newspaper offices. We give below the county vote:. Prohibition. Counties. Belknap . . Carroll . . Cheshire . Coos Grafton 2,745 Hillsborough.. 4,956 Merrimack — 3,709 Yes. 1,593 1,375 2,ne i 1,81 1" No. 1,568 1,231 2,381 1,144 3,02-i 7,358 4,327 Prohibition. Counties. Yes. No. Rockingham.. 3,301 5,113 Strafford 3,460 3,303 Sullivan 1,247 1,520 Totals ... A£<'regate . Majority . . 25,780 30,976 .... 56,762 .... 5,190 Massachusetts. A long and eventful struggle preceded the Massachusetts campaign of 1889 for Constitu- tional Prohibition. In this struggle it was re- peatedly demonstrated that the intelligent class ;s desired Prohibition by a strong majority; and more than once it was found that an actual majority of all the voters exoressing themselves (even allowing for the ignorant and vicious class-s and the whole saloon element) was op- posed to the license system. But this power- ful sentiment, though directed by excellent organizations and devoted individuals, achieved only local, imperfect and temporary successes. The b :?t citizens of Massachusetts, and even the majority of all the citizens, though sentimentally preferring Prohibition wer > unable to cope with the artful liquor power and were forced to ac- cept laws upon which the ingenuity of anti- Prohibition politicians had been expended. In the 20 years from 1869 to 1889, three different systems of liquor legislation were established — the Prohibitory statute of 1869, repealed in 1875, the Local Option and license act that was Constitutional Prohibition.] 118 [Constitutional Prohibition. passed soon afterwards, and the High License and Limitation law of 1888 (in force May 1, 1889). After the repeal of the Prohibitory law, all the legislation enacted was cleverly devised for satisfying th„ moderate temperance elements of the State. The Local Option and license com- binaiion answered this purpose perfectly. It enabled the people of every town and city an- nually (the towns in March and the cities in December) to declare by majority vote whether licenses should be granted within their respec- tive limits. More than once the aggregate vote of the communities on the license question (even including the results in the large cities) showed a majority against the traffic ; and the sentiment in favor of banishing the saloon was so general that four-fifths of tue communities annually refused to grant licenses. 1 The nor- mal sentiment of Massachusetts was therefore decidedly favorable to Prohibition ; yet the very policy that invited its radical expression in the various localities operated to discourage exertion for the complete redemption of the State. It was argued that the people already had power to stop the traffic, and the conservative citizens manifested comparatively little favor for more advanced demands. Meanwhile the politicians made further concessions, granting a Metropoli- tan Police law for the city of Boston, prohibit- ing the sale of liquors on all public holidays, prohibiting the sale in tenement buildings, re- quiring the rumsellers to remove screens and other obstructions to a full view of their prem- ises from the street, etc. Finally, in 1888, the law establishing a minimum annual license rate of &1.300 for each saloon selling all kinds of liquors for consumption on and off the premises was passed, and the same Legislature enacted another statute limiting the number of saloons to one for each 500 of the population in Boston and one for each 1,000 inhabitants in every other community. These two statutes were not to go into effect until May 1, 1889, and mean- while, in December, 1888, the cities were to vote on the local question of license, and the towns were to vote on the same question in March, 1889. The results of the city votes fully confirmed the expectation that the general pub- lic would accept the bribe held forth by the High License act ; for there was a very strong reaction against locally prohibiting the issuance of licenses. This reaction encouraged the polit- ical managers in the Legislature of 1889 to at last grant to the people the often-refused privilege of voting on a Prohibitory Amend- ment. It seems absolutely certain that if compromise measures had not been enacted in Massachusetts, the demand for Constitutional Prohibition would have proved irresistible long before the carefully laid schemes for defeating it were perfected. At one legislative session (1883) petitions for Coostitutional Prohibition from 50,000 citizens were presented, and at another session (1884) the petitions had 106.000 signa- tures attached. In consequence of the evasive action of successive Republican Legislatures, 1 For figures, see the the editor's postscript to the article, Local Option. J the vote of the Prohibition party increased from 1,881 in 1883 to 10,947 in 1887, and some of the most distinguished and devoted temperance Republicans of the State (including Mary A. Livermore and Henry H. Faxon ) openly rebelled against the faithless party. If the Republicans had not been able to point to their Local Option legislation, to Prohibitory conditions in four- fifths of the towns and to stringent restrictive acts, they could not have prevented a vote on Constitutional i rohibition when the temperance forces were eager for a cont.st and before counteractive devices had been set up. As it was, the Republican leaders found it necessary to make very plausible professions of friendship for the temperance cause. Their State Convention for 1886 (Sept. 29) declared : u Believing, also, that whenever a great public question demands settlement an opportunity should he given the people to express their opinion thereon, we favor the sub- mission to the people of an Amendment to our Constitu- tion prohibiting the manufacture and sale of alcoholic liquors to be used as a beverage." In 1887 a more elaborate utterance was made, as follows : " Recognizing in intemperance the most fruitful source of pauperism, crime, corruption in politics and social degradation, we affirm our belief in the most thorough re- striction of the liquor traffic and the enforcement of law for its suppression. We approve the action of the last Legis- lature in enacting 60 many temperance statutes, and de- mand the continued enactment of progressive temperance measures as the policy of our party. We repeat the recom- mendation of last year's Convention as follows: ' Believing that this great public question now demands settlement, we favor the Submission to the people of an Amendment to our Constitution prohibiting the manufacture and sale of alcoholic liquors to be used as a beverage. 1 In order to have this matter placed before the people, we call upon those who are opposed to the political control of the grog-shops to unite with the Republican party in electing Senators and Representatives who will vote for the submission of the Amendment." But the crowning deliverance of the Republi- cans of Massachusetts was that emanating from the State Convention held on April 26, 1888, to choose delegates to the National Convention. It was : "The Republican party of Massachusetts has committed itself in favor of pronounced and progressive temperance legislation. It has demanded the restriction of the liquor traffic by every practicable measure, and now it calls upon the National Republican Convention to recognize the saloon as the enemy of humanity; to demand for the peo- ple the privilege or deciding its fate at the ballot-box; to insist that it shall be crippled by every restraint and dis- ability which local public sentiment will sanction; in short, to take that attitude upon the temperance question which will win to the party all foes of the liquor traffic and all friends of good order." The popular vote on the Constitutional Amendment, taken under the circumstances to which we have briefly alluded, was necessarily farcical. It was shown by the Boston Trans- cript (April 18, 1889) that of the 29 Senators and 161 Representatives voting to submit the Amendment in the Legislature of 1889, only 18 Senators and 91 Representatives were sufficiently friendly to the principle of Prohibition to vote for the measure at the polls. The same Legis- lature that passed the submission resolution re- fused to pass a Prohibition statute and even refused to enact a law permitting women to vote on the license question. The controlling Repub- lican influences were skilfully directed against the Amendment, and the Democratic party was openly hostile. The Boston dailies espoused Constitutional Prohibition.] 119 [Constitutional Prohibition. the liquor cause with great ardor. The Globe (Dem.), Transcript (Rep.) and Herald (Ind.) were especially violent opponents of Prohibi- tion. The Globe gave much prominence to i'alse reports from Kansas and Iowa, printing with great display letten from a lew unimportant newspaper editors of those States who were willing to represent that Prohibition was a failure, and suppressing the abundant testimony to the contrary. The Transcript made a pretended canvass of the clergymen of Massachusetts, and claimed that they were about equally divided for and against the Amendment, although a canvass conducted with impartiality showed that of 1,039 clergymen expressing themselves, 931 were for the Amendment, 91 were against it, and 11 were non-committal. The Boston Journal (chief Republican organ), though nominally neutral, was inclined against the Amendment, and compelled the Prohibi- tionists to pay advertising rates for arguments appearing in its columns from the pen of Dr. Daniel Dorchester; and in printing these argu- ments it editorially disavowed responsibility for them. Indeed, all but one of the leading Bos- ton newspapers refused to insert articles favor- able to Prohibition unless exorbitant charges were paid. The only Boston daily supporting the Amendment was the Traveller (Rep.). Great clamor was made on the score that the adoption of Constitutional Prohibition would prevent the farmers from manufacturing cider for vinegar ; and although the Attorney-General printed an official declaration that no such effect would follow, the cider argument was diligently ussd until the end of the campaign. The liq- our managers employed canvassers who obtained numerous signatures from prominent clergy- men, lawyers and business men, to anti-Pro- hibition declarations. A clergymen's ' ' protest," signed by upwards of 60 ministers, was printed a few days before the election. The less earnest temperance people were discouraged from sup- porting the Amendment by the attitude of one of the representative religious organs of New England, the Boston Congregationalist, which on Feb. 21 printed an elaborate editorial article distinctly unfriendly in tone. The Congrega- tionalist 'e course was repudiated by an authorita- tive meeting of Congregational clergymen ; but that journal's arguments, seconded by pleas against the Amendment from several eminent divines, had much weight with undecided voters. The anti Prohibition lawyers argued that the success of Constitutional Prohibition would tend to diminish the respect in which the Constitution was held ; and it was claimed that the lawyers' protest had the approval of well- nigh all the leading members of the bar. The argument was answered in withering language by United States Senator George F. Hoar; and a canvass instituted among the lawyers of the State showed that a large majority of them, out- side of the city of Boston, favored the Amend- ment. The saloon element judiciously took no active part openly in the canvass. Having the sup- port of so many prominent men and of the leading newspapers, the liquor-dealers were shrewd enough to recognize that their interests •would be jeopardized by conducting a whiskey- sellers' agitation. Bowler Bros., brewers, of Worcester, in a retrospective letter written to a Nebraska correspondent in 1890, said that the experience of " the trade " in Massachusetts had demonstrated the wisdom of refraining from public discussion. " We should advise you," they wrote, " not to hold any public meetings, as those very good Prohibitionists won't attend them, and you will have the hall filled with a gang of loafers which will make you look like Hate's prison birds, and the papers will come out the next day wiih ' A man is known by the company he keeps.'" 1 But the whole anti- Prohibition campaign was really managed by the liquor-sellers exclusively. It was under saloon auspices that the various protests against Prohibition were invited, grouped together and effectively used. The State was literally sown with misleading documents prepared and cir- culated by the National Protective Association. The falsest statements about the results of Pro- hibition were coined and kept before the public. Meanwhile the virtues of High License and Local Option were dwelt upon by every person interested in the liquor business. The following, emanating from the saloon managers and pub- lished with great prominence just before the election, is a specimen of the appeals : "NO. On Monday next, April 22, the contest takea place between our preBent High License law, embodying Local Option on the one hand, and Constitutional Prohibi- tion of the manufacture and sale of alcoholic beverages, including CIDER, on the other hand. In the light of former Prohibitory experience, and in the interest of the cause of temperance, respect forourlaws : reverence for our State Constitution, commercial prosperity and moderate taxation, every citizen having these considerations at heart Bhould go to the polls and vote NO." The campaign of the Prohibitionists was un- der the direction of a non-partisan State Com- mittee, of which E. H. Haskell was Chairman, and Benjamin R. Jewell was Secretary. The different Prohibition organizations co operated harmoniously. Nearly all the leaders of the Prohibitionists in the country took part in the contest. Below is presented the vote by counties : Prohibition. Yes. No. 1,738 930 Counties. Barnstable. Berkshire 2,884 5,301 Bristol 6,645 7,171 Dukes 354 73 Essex 11,426 18,287 Franklin 8,366 2,711 Hampden 4,720 7,334 Hampshire.... 2,859 2,756 Middlesex 17,621 23,558 Prohibition. Counties. Yes. No. Nantucket.... 170 213 Norfolk 5,330 6,964 Plymouth 4,872 4,768 Suffolk 12,207 33,686 Worcester .... 12,050 17,320 Totals ... 85,242131,062 Majority 45,820 Pennsylvania. Pennsylvania's majority against Constitutional Prohibition seems colossal; but nearly one-half of it was contributed by the single county of Philadelphia, and nearly three-fourths by the three counties of Philadelphia, Allegheny and Berks, while the whole huge majority of 1 88,- 027 came exclusively from the eight counties of Philadelphia, Allegheny, Berks, Lancaster, Montgomery, Lehigh, Northampton, Schuyl- kill and Montgomery— counties containing large cities which were carried for the saloon by the most corrupt and unfair practices. The other i The Voice, May 8, 1890. Constitutional Prohibition. 120 [Constitutional Prohibition. 59 coun'i^s, taken as a whole, showed a major- ity for the Amendment, although a number of important cities were embraced within them and unscrupulous and diligent rasistance was everywhere made by l h?. liquor leaders. Under the extraordinary conditions, the large total vote for the Amendment and the preponder- ance of Prohibition sentiment in 59 of the 67 counties we're the really significant results of the contest. The preference of the people for Prohibition when the issue was presented on its merits was shown both beiore aua ail. r Uie war in lc^B local Prohibitory measures were enacted in obedience to the expi eased desire of the people, and in 1873 42 of tho 66 counties voted for Prohibition under the Local Option act of 1872. The political influence of the liquor element, however, c-.iused prompt repeal in each instance. It is noticeable that the Local Option law was enacted soon after the organization of the Pro- hibition party in Pennsylvania. In the year of its. repeal (1875' the vo'e of that party reached 13,244. although it had been only 4,632 in 1874. This exhibition of political indepen- dence by the Prohibitionists was shcrt-lived, however, for in 1876 the party's vote dwindled to 1,319; and it remained unimportant until 18S4 when St. John polled 15,5.83. It was not until after the Prohibition party had become an aggressive factor that there was any indication of willingness on the part of the politicians to listen to the demands of the friends of temper- ance. The Prohibition vote cf 1884 was main- tained at the unimportant Stale election of 1885; and in 1886 the Prohibitionists nominated for Governor the Independent-Republican leader, Charles S. Wolfe, and prepared for a vigorous canvass. Then it was that the Republicans began to make concession?. The Republican State Convention of 1883 declared : " Whereas* There is an evident desire on the part of a large number of intelligent and respectable citizens of Pennsylvania to amend the Constitution by inserting a clause prohibiting the manufacture and sale of intoxicat- ing drinks as a beverage within the limits of this com- monwealth; therefore "Resolved, That it is the opinion and judgment of this Convention that the Legislature of the State should at once adopt measures providing for the submission of this great question to a vote of the people in accordance with the true spirit of our free institutions." The political campaign of 1886 resulted in a vote of 32,458 for the head of the Prohibition ticket ; and it was plainly seen that early defeat was in store for theRepublicansunless the tem- perance issue were met. But the political lead- ers artfully resorted to compromise schemes. The Legislature of 1887 proposed a Prohibitory Constitutional Amendment, and then framed a High License and restr'ctivc measure, known as the Brooks law, which, while leaving the traffic practically undisturbed iu 65 of the 67 counties, was designed to effect a sweep- ing reduction in the number of saloons in the, cities of Philadelphia, Pittsburgh and Allegheny and thereby satisfy conservalive temperance sentiment and militate against th3 adoption of the Prohibitory Amendment at the polls after the work of submission should have been completed by the Legislature or' U89. (See High License.) The hostile purpose was crowned with complete success. Having decided on this shrewd policy the Republicans, in 1887 and 1888, renewed their submission pledge of 188C ; and in 1889 the State Legislature, Republican by a large major- ity in each branch, voted to submit the Amend- ment. ■ The large vote cast by the Prohibition party in 1886 had meanwhile decreased more than one-third, and the politicians therefore felt ' that it was safe to proceed with their unscrupu- lous plans. With the opening of the legislative scssionof 1889, the active liquor men throughout the country began to exhibit great interest in the Prohibition straggle in I 'ennsylvania. They openly boasted that the Brooks law and th ■ pol- iticians would decide the contest in their favor. The situation as viewed from the liquor-sell- ers' standpoint was thus described in the regu- lar Pittsburgh correspondence of Bonfort's Wine and Spirit Circular for Jan. 25: " Features in trade have been lost sight of at the present time, and the liquor men generally are absorbed in the question of Prohibition. . . . The dealers here have not yet taken any step toward effecting an organization, but a meeting will be held this week. There will be no foolishness this time. The line of action will be nigh License v. Prohibition. A committee will probably be appointed to confer with a similar representation from Philadelphia. Some dealers in thi; district were in favor of making an effort to have the Brooks law amended [i. .580 284 609 554 802 674 169 72 446 142 945 3,965 526 1,599 448 1,0.36 1,082 329 Prohibition. Counties. Yes. Okanogan 99 Pacific 200 Pierce 2,110 San Juan. Skagit Skamania Snohomish Spokane Stevens Thurston Wahhiakum... Walla Walla.. Whatcom Whitman Yakima Totals 154 499 31 464 1,994 184 624 65 788 836 1,822 341 No. 336 355 4,665 176 846 89 821 2,827 406 962 308 1,534 1,109 1,878 589 . 19,540 31,489 Majority 11,943 Connecticut. ' Connecticut's " Maine law," enacted in 1854, was gradually weakened by amendments, until in 1872 it was repealed by the Republicans. The license and Local Option system that suc- ceeded it was never satisfactory to the temper- ance people, and their discontent was expressed in various ways, but never very effectively until the Prohibition party movement was revived at the election of 1884 and became a menacing force. In 1882 the Republicans proposed a Pro- hibitory Amendment for submission to the peo- ple, only to repudiate it in 1883. The 2,305 votes for St. John in 1884 and 4,692 for Forbes in 1886 alarmed the politicians, and the submis- sion plan was again brought forward in 1887, when the House decided to submit by 147 yeas to 41 nays (104 Republicans and 43 Democrats voting in the affirmative and 14 Republicans and 27 Democrats in the negative). This action was considered insincere, but when the Legislature of 1889 assembled prominent temperance leaders urged the completion of the work, and petitions signed by 30,000 persons were pre- sented by the Connecticut Temperance Union. Representatives of the liquor traffic appeared before the legislative committee and opposed submission; and on the 17th of April the prop- osition was defeated in the House. But live " The editor is indebted to Allen B. Lincoln, editor of the Connecticut Borne. Constitutional Prohibition.] 128 [Consumption of Liquors. days later came the news of the rejection of Constitutional Prohibition in Massachusetts by 45,00J majority; and the Connecticut political managers felt that it would be safe to permit the people to vote on the question, and the Amend- ment was accordingly submitted. The Democratic press and leaders showed no sympathy for the measure but the most influ- ential opposition came from the Republican newspapers and workers. In June tl.ere was a conference of representative Republicans at Hartford, and it was decided that the b^st policy would be to ignore the Amendment during the campaign and to make a general and vigorous attack upon it iust before the election. The liquor men made unscrupulous use of all the methods employed by them in Massachusetts and Pennsylvania. They took care to cultivate the favor of the High License people. In May Edwin B. Grave?, a Democratic editor, started in Hartford an avowed liquor organ called the Connecticut Herald. He not only fought the Amendment, but opposed High License. His injudicious course was disapproved of by the liquor leaders, and in August his paper expired from want of support Much was made of the cider argument; and anti-Prohibition editorials from the Congregatimalist and Christian Union, as well as tracts written and opinions given by various clergymen, were placed in the hands of nearly every voter. There was no general organization of Pro- hibitionists effected for conducting the cam- paign. The Prohibition party, "Woman's Chris- tian Temperance Union, Connecticut Temper- ance Unio.i and other forces worked independ- ently of one another, though there was no an- tagonism The Connecticut Temperance Union was ba^ed 0:1 the " non-partisan " idc a, and was understood to have Republican tendencies ; but its Secretary, Rev. Alpheus Winter, though making earnest appeals to the Republican tem- perance eljm.'n', found it impossible to secure efficient co-ope:-ation. United States Senator Orville H Piatt, though known as a professed believer in Prohibition and as the author of Prohibitory bills at Washington, declined to take any part in the canvass or 1o give any en- couragement to the cause. United States Sen- ator Jose >h R. Haw! y. the most prominent Republican of Connecticut, in a letter to his personal org in, the Hartford Oourant, declar d his opposition to the Amendment. All the 27 daily pap:rs of the State werj ho tile, and not more than half a dozen of the weeklies sup- ported the agitation with any earnestness, so successful had the liquor managers been in their attempts to buy up the press. Able service was rendered, however, by the Connecticut Some, the State Prohibition organ. The vote on the Amendment was as follows : Prohibition. Counties. Yes. No. Fairfield 3,810 9,558 Hartford 4,508 10,673 L'tchfleld 2,232 3,945 Middlesex 1,454 2,120 New Haven.. .. 5,301 14,448 New London . 2,391 5,2.12 Prohibition. Counties. Yes. No. Tolland 1,020 2,000 Windham 1,662 1,0:38 Totals 22,379 49,974 Majority 27,595 [For particulars about the work so far done in behalf of National Constitutional Prohibi- tion, see the article by Senator Henry W. Blair, National Prohibition. Consumption of Liquors. — In esti- mating the annual consumption of liquors in a country an approximation is all that is possible. The total quantity produced, added to the total quantity imported during a given year, less the total quan- tity exported, will not necessarily repre- sent the exact quantity consumed ; for a portion of each year's product and im- portations will. naturally remain as stock in the hands of manufacturers, importers and buyers. But the aggregate year's supply may be assumed to represent the year's demand; and when comparisons for a series of years are to be made, the factor of annual supply may, for the purpose in view, be regarded as coinci- dent with the factor of consumption. The consumption of intoxicating liquors in the United States, for beverage purposes, has steadily increased since 1840. Not only was the total amount consumed during the year ending June 30, 1SS8, more than eleven times the amount consumed in 1840, but the aver- age annual consumption of all kinds of liquors for each individual has increased during the same period from 4.17 gal- lons to 14.30 gallons. The table on the opposite page, from the Quarterly Eeport of the Chief of the United States Bureau of Statistics for the three months ending March 31, 1889, presents in detail the consumption of intoxicating liquors in the United States since 1840. These figures show that the quantity of drink consumed per inhabitant has enormously increased during the period covered. The increased consumption of malt liquors is especially noticeable, the average annual per capita consumption having advanced from 1 36 gallon in 1840 to 12.48 gallons during the year ending June 30, 1888. The per capita consumption of wine has nearly doubled since 1840, while the aggregate consump- tion shows an increase from 4,873,096 gallons in 1840 to 36,335,068 gallons for the year ending June 30, 1888. More than one-third of this increase in the eon- sumption of wine, it will be noted,*has been brought about since 1886, and the increase is confined entirely to the con- sumption of wines of domestic produc- tion. The active efforts made by the California wine men to popularize their Consumption of Liquors.] 129 [Consumption of Liquors. £ „ ft a - S 1 p> of Wine and rom the repor 8 was taken w CD IE o | ST §1 »XJ '3 p -J rr o "3 p- CD — . 1— < p P CD CD O pr o S CO>-'tDSeo5L oi~i«o-QOit.oocncDotiro--!-iaoaJ«icisocooi-S- 5" ^isp j- 1 00 S a PS*>#-;- L *z>jP p> #- go co ** ee ©S3S 3 TT. ^j ii *T^ ta-l J-. l'II "Th ,-TT K^ 'O'n J\ *l_i "^f*^s""rv ■^,'^p.^— ."^k— "^^ - «-}aooicsicbcii(iOi-iixoio"i- ._ . . i :; -■ 'j x x - 1 7. c •! 4- " ■£ u> o cc 7 -■- — Si -j oi *^ *- 4> is -^r (i k Ar "•= Vr It Is bamocc to i-^ S c; o o a ao ©m ^ w o o aD'tii-i'— i "o^ji^&"—j Go'k-'"'K-'"o »i %? oi-or :.-. - ■ - :. : : io -• cc w co " -5 J & ci -.c -c +: ^. *-oopw O' toao k^ o Mpw«c cscocccoai^Dh^-ccg' bilo'cx-i'j- "O — c-. o o>~i-j w^-ico"toa(*^c:'c*3 s ■ >-•• <=•- co it, c. oi 4- o b: 3- co & ci % ■ OOCODlClOOcSCOiOtO' MMOOW-lUn- CO CO tO tO tO *0 JO -i h-i !-> OjC»wpWOiiiX»-WMppp7. P^P 1 tO i-'OS Ji-rv Colop CO GtJ 3j — _C4-u:- J £OOli-'OODXCO»10000i-iC003 ~. ~. /0 en 4- x to to — CO A- CO O CO '-' CO cc — r. — - ' -^ - 39 P o Imported spirits entered for consumption, p«&S G.*o 2 3 ft ? CD B> *CJ CD CD 2" -12 3 3*° P r & CD 3- icnotc: /-jo" - 4- Cl r» u. 4- 4^- CO •—4- _.._... cow -} w o! w ~i X co ta w o a. to~-i" CD GO a C-' c: 'c co" :. ;..: t£> GO CO~ j CO to 10 tO tO lO to i-' OOfflOOWOOMWr. riOiC7SH^hJ.tnC04>t0O3CTit>C -tO^OJOj^ 00 COOT h-i too ft O O O ot-»"t."GO -icn S C©4-00-}C0 05 0-JOOM»WWi-'--iO«H40- -t-1 S. 4- -[OS CstTiC -' X to :-- 4O*-0 Eg -4-COCOCOCOtOtOC - i-i 4- i-* o o — u: ; ^jt_ 4- -IJCOO +-pDC ■* to "cs "^c Is CO lo Ol c ' (i o » io j; i.-' (0 ~i -J ~1 Ol i> com 4- c x c; — c * Gi O ncsso ;pg "X V, -n-itocnoi-Q t^gooto i-'-ieoa'O' 4-.oooco-> <;■ ^v a w c m ci ii -s X -i -. r. i : x ;-. '- /.jM-i-i^f s -IOOC5 to cojxp; jc p — p co (opfpij— pi__— pijt-jOjUs ^OT^^%^ogo"h- i '4^o J io"'t- b b x'j-'ic/ x"bV« x ? -j 4- ct — ' 4- o 'X o o -^) 4- i-i x 4- ci co co yi co o; en — . co co ^ en co -i co oi o o to ui en yi ^; to co i-i i-i >-• co -> ftg^s. "° OlS' a oS =ft3 B "• 9-a 5 p P P.C0 £-7^ & p 5- p i-g sea| E pj i =0 oooooooooooooopoooooooS. jOMuooofflCoQo-icsaiocsa-iQOOTWt- scoiiooii-'fr-^aJQf ^ooajoi^MococoNs ^ &CD — £ « r/5 H H N « N « H CO w rn o H Si r- H w re o H i> W Si w w w > H >* O 14- W t9 O i> a h- 1 ^ H <-) l-i ^ > r 1 h^ t* a G3 O a (-5 o >'/) ^ 2i ►■a s> w H o H s -A ^ W l?i M M M •Jj w >■ H O M nn Q > ►n M a 00 O tr 1 id o t" 1 t-i a o a CO -i H H o ii o o C/J r-] t-i p ial H d !zi M H W O Consumption of Liquors.l 130 [Consumption of Liquors. wares, with the co-operation of the State Government, are no doubt respon- sible for a very large percentage of the increase. In the consumption of distilled spirits there has been little change since 1870, though previously to that year there was an apparent average annual per capita consumption of nearly double the pres- ent amount. The apparent decline is not due to any marked discrimination by the drinking public against distilled liquor as a beverage, but to the effects of the heavy Internal Eevenue tax on alco- hol, which by vastly increasing the cost of alcohol has caused many manufactur- ers and others who formerly used the article extensively in their business, to practically abandon it. For the five years 1858-62 inclusive, just before the Internal Eevenue tax became operative, the average price of a gallon of whiskey in the New York market was 24 cents. July 1, 1862, a tax of 20 cents on each gallon of distilled spirits produced was imposed by the Government; and this tax continued in force till March 7, 1864, when the rate was advanced to 60 cents a gallon. July 1, 1864, the tax was raised to 11.50 on every proof gallon of distilled spirits; and again, Jan. 1, 1865, it was advanced to $2 a proof gallon. As a result of this tax the average price of alcohol rose from 541- cents a gallon in 1862 to 12464 in 1864 and $4,255 in 1865. One effect of the great increase in the price of alcohol was to reduce at once to a minimum the quantity of dis- tilled spirits vised in the mechanic arts. A United States Eevenue Commission, appointed in 1865 to revise the whole Internal Eevenue system (David A. Wells, Chairman), made a report in 1866 in which the following interesting explana- tions were made (p. 161) : "The first and undoubtedly the largest ele- ment in such reduction [in the amount of alco- hol consumed in the arts, etc.], has been the disuse of alcohol for the preparation of burning fluid, which is commonly prepared by mixing one gallon of rectified spirits of turpentine (camphene) with from four to five gallons of alcohol. . . It would appear by inves- tigations made into this subject by the Commis- sion that the amount of alcohol converted into burning fluid by mixing with rectified spirits of turpentine (camphene) and consumed during the year 1860. could not have been less than 12,000,000 gallons, which must have necessi- tate. 1 the use of upwards of 19,000.000 gallons of proof spirits. At the South and "West, how- ever, large quantities of burning fluid were prepared by mixing the alcohol directly with the crude or commercial spirits of turpentine without subjecting the- latter constituent to rec- tification, which amount being allowed _ for would probably increase the figures above given by one-third, and make the total consumption of alcohol, for the preparation of burning fluid during 1860, 16,000,000 gallons, requiring over 25,000.000 gallons of proof spirits. '■ Since 186 i the production and consumption of burning fluid in the United States have almost entirely ceased. " Thus was destroyed in one branch of business alone, independently of bever- age consumption, an annual market for over 25,000,000 gallons of proof spirits. On page 162 of the report the following is said : " Another important element in the reduc- tion of the production of distilled spirits in the United States in 1864-5, as compared with the production of 1860, has been the extensive dis- use of alcohol for a multitude of industrial pur- poses other than the manufacture of burning fluid. From 1856 to 1862 the price of alcohol in the New York market ranged from 30 to 60 cents per gallon, and this excessive cheapness induced a most extensive use of it in the manu- , facture of varnishes, hat stiffening, furniture polish, perfumery, tinctures, patent medicines, imitation wines, transparent soaps, percussion caps, picture frames, and in dying, cleaning, lacquering, bathing and for fuel. With the increase of the price since July, 1862, to %A and upwards per gallon, the use of alcohol for all the above-named purposes has largely dimin- ished or entirely ceased "In some instances entire branches of busi- iness have been destroyed in consequence of the great advance in the price of alcohol. An instance in illustration of this may be mention- ed in the manufacture of an article known as 'wallosin,' a good substitute for whalebone in umbrellas Another business that has been more seriously affected by the increas ed price of alcohol in consequence of the tax is the manufacture of iron utensils — pots, kettles and pans — enameled upon their interior sur faces The manufacture of vinegar from whiskey has also been largely diminished by reason of the great advance in price of the distilled spirits used. . . . Druggists and pharmaceutists have estimated the reduction in the use of alcohol in their general business as one-third to one-half Manufactur- ers of medical tinctures and proprietary medi- cines almost universally represent to the Com- mission that the domestic demand for their preparations has fallen off in consequence of the high price of alcohol, to the extent in some in- stances of more than two-thirds. . . . The business of manufacturing fluid or solid ex- tracts, or the concentrated medical principle of plants, also suffers greatly by reason of the in- creased cost of alcohol. ... In all branches of the industrial arts where the contin- ued use of distilled spirits is indispensable, and no cheaper substitute can be provided, the Consumption of Liquors.] 131 [Consumption of Liquors. utmost economy in its employment is every- where reported." Of the consumption of distilled spirits at that time for beverage purposes the Commission declared that " through the absence of all positive data any conclu- sions which may be arrived at must nec- essarily be regarded as only approximate ;" and on page 168 the Commission said : " We are inclined to consider the esti- mate of a gallon and a half per head for the consumption of the United States as somewhat exaggerated." In 1869 the average tax per gallon of distilled spirits was reduced from $1.97 to $0.54, and in 1870 it was still further reduced to $0.50. Under these reduc- tions the per capita consumption in- creased from 1.61 gallon in 1869 to 2.07 gallons in 1870, but in the next year another decrease was witnessed. In 1874 the average tax was again raised to $0.65 per gallon, and since 1876 it has stood at about the present rate of 90 cents a gal- lon. Prom the facts above given it is safe to assume that the consumption of distilled spirits for beverage purposes has been diminished very little, if any, in the United States during the period cov- ered by the foregoing table, notwithstand- ing the enormous increase in the per capita consumption of wine and malt liquors. The report of Hon. John "W. Mason, Commissioner of Internal Kevenue, for the year ending June 30, 1889, shows a still further increase over the preceding years in the consumption of malt liquors and distilled spirits. The following table gives in detail the quantities of liquors, malt and distilled, withdrawn for con- sumption in the United States during the fiscal years 1888 and 1889: Articles Taxed. Fiscal Year End- ing June 30. In- crease. De- crease. 1888. 1889. Spirits distilled from apples, peaches and grapes gall'e Spirits distilled from materials other than ap- ples, peaches and grapes, gal's Fermented fi q - 888,107 70,677,379 24,680,204 1,249,593 78,915,047 25,119,853 361,486 5,"237,6e8 439,634 THE UNITED KINGDOM. The consumption of liquors in Great Britain and Ireland is shown in the fol- lowing table, compiled from the " Sta- tistical Abstract for the United King- dom " (1887), and the accounts relating to the trade and navigation of the United Kingdom : Statement showing the Annual Consumption of Do- mestic and Foreign Distilled Spirits, Wine, Domestic and Foreign Beer, and the Averagl Consumption of each per capita of population, in the United Kingdom, during each year for a series of years: 00 00 cc GCD 00 X GO GOG -i ci en tt» £ CGOOGGDCGGC'QCrG&QOQCOO ■"OOG0»>05CtiM»K)m to to to to to tO tO c: © »}_pcjo_Jo — Vies" >i~ SO pp wj- *-* OB CO b* --1 h- MixioV- totototococococotototo,-. t© O' CO *- © 5 i-i i-i £1 -^ CD 3 SOtCsiM«»W§, -. o.'. :• (i. <;,-( c- rj: '*.Ok-ii'_ CO ^ «DGO(OtO-IQOOi01©CO©-^lO©i-iQOOQ!; tO ©_JO Ui -3 JO CO _© O ©JO^l- © tO N>_> _. ... ■o ffl oi x ~ ;; - -.: — ; - c :'-;«r.oc*.. OWMM ■GCGOt7t©XC:©©CO-J©COCJi COCOCOCOCOCOCOCOCOCO*-^if-*-*..COCO~ ©_ai © ~*_p -3 4- c-- ocjo .PJ^ >° P^j^i^ "^ '. . 'r, "~ u: © © x 'r, '— '<: x co © © '— 'i ■: i i 5l ~ — 00 - CO CO - ■ — - ~ --■(-— CJI © t © to 'GC -i co i-i © u> co to oo ' FISCAL YEARS. 0O©^C7»CO^©i]-*'.UTtO©COt:iCOf->tO +. CO CO CO jpi- jt*. 4i- '—■"*!.% qcV co to fe 3 y to £ ^i ffi 2 cc ;; v. ~ go -i © •— © ©p-tj-ijo. ©"io cc'iiolip ■ ©> -1 CO tO -1 tf- OO • MOtDO«3-JOr ^ ifc GO (O — L © ~1 © *- CO X 00 ©to : ■_t 1;t ;.o CO i— ' i— ' 'GO ■ -3 ** tO GO >->■ tO OI - CO JO j-JO J© ~'t £~ . GO-tlo©^o'© © ' ■x -> - 1 <~ — ■*- CO ' -^ *^ © go y CO a- ■ J. © CI (3 iO CO ■ ■i CJi © GO © CO .3 The per capita consumption of distilled spirits and wine in the United Kingdom is slightly less than in the United States, the quantities of distilled spirits per capi- ta being respectively in 1887 0.93 and 0.38 gallons in the United Kingdom as against 1.18 and 0.54 gallons in the United States. The per capita consumption of beer in the United Kingdom is, however, almost three times as great as in the United States, being for 1887 in the ratio of 32.88 Consumption of Liquors.] 132 [Consumption of Liquors. to 11.96. Owing to the enormous quan- tity of beer consumed, the total per capita consumption of intoxicating liquors in the United Kingdom is more than double that in the United States, being for the two nations in 1887 33.14 gallons and 13.68 gallons. FRANCE. In France the consumption of wine is almost equal to the consumption of beer in the United Kingdom, while the quan- tity of distilled liquors consumed for each individual does not differ materially from that drank in the United States. Statement showing the Annual Production, Impor- tation, Exportation, and Consumption of Distilled Spirits, and the Average Consumption per capita of population, in France, dnring each year from 1870 to 1885, inclusive: [Prom " Annuaire Statistique de la France," 1888.] £33 3? 863 QXCOCCCJOCOCOCCCOX 3 -i -vi -q -i -3 -J -i -i -t 5QO-10SCi>C».COKpp-*0 so "aa so J- 1 J— ~ J J " J ° r J 3D J- > r I i s i' s i J 4- -J CO OS CO CO CO 4- X -! -3 OS OiO-Ji.-lClCSUiCOtSl- 1 '- > co pj^ to asjo-i cs O' i „.... .. S^^-C!^ao"i» Vbsbo £ os4i.toio~'-iuiji.cs t£osa:go-iu' - Q0CO-3GO >f>. O Or 4^ pi CO isy3!3i-i -i -i to o«; ' - jj '--, J 4- J -^ -3 "to © "ji -> ? .—.*—. ^ .— /-^ p/-, *.i *Tt — i V\ ilD Ol (i M O W O 4- C >— 'OO- -3 "T -1 x $: Oi -"! 4- OS -'bsbl~tO"tS b' tobi SS (O -iV- "-S ." ~104-4->-'t0 04--}OiO^->X<-J4-tO as d- sc Sia>cDo:~ctW»-'OiOOiX~lis CO X B;1Q StWjOKl^^KKEw ^ 5** O-IG^O^CUOiJ ;f::;(Sl ". >-• "-" C£ -i 7. 'jXffltDtDW-/, v ' ■- C-' to O CJ< CO -•■ _ (L2"i-ic5oCC:^M4^— ' i-* muu CO CO ~ ■&- -3 os -3 CO -"3 tO X -3 ~1 -1 -3 CO CO CO a x '— '-■>'<; bo bo - 3 '- co bs x '-3 "os lobs "os « S: - ! x — — ~ ~ ' —■ — — X CO : CO X - > "S CO ~ CO 4- - > ~. p> x ps j, i — . c ; p. x j— co — p> y- 4- i (X V. X O S f ^ b W V4iti M *. C="4- 3 ^ M-ixoco-Uo-ioaoi-ac: co lt bb"'-''i."3i « O *3 M V" b CO o j *.ctV _ ■00 — L'O'/li- 00 - ' X - ' X - ! ~ CO L CS CS ±- Cj> co~i_jjic; j- r. c. x c x x a oi odju w w a c-> "Vo ~3 -3 '— cs'to o "x "co ci"cn"jobi'j-;"is £5 x ' c -s x — x -or - ■ . co ro - > — x to op so P- 01 -7»CSCSC^C:CSCO*3COCO«5COOOCC'lff\ *-. X U' -3JSj-3piO00^~10Cpi WO-lOt-lo; bi -ik-^-'b -i *- xbo'ssb'co"'-' bs cs ~i 5- -3 Lt -^ CO — ~ — X 10 l: OC in 'O-IOXmJ O-l CO O C0^j^& WJJ»j;OCOjS0j'b''l-0'-!l5 ** r. co — ' — ts co .c ci -> -;-> — 00 ~ — x c ■ 1-^ to M OS Ot O CO -3 COS 4- oicocsk-i~i(ci~ji- OtOOa"i-'Cr.li«~''00-3XW4-M-. ( - • -r xnOML'O CO -S ~ - 3 X ~. - 3 - 3 ~ - . to -oo; -or -c y "X c -3 co co po> jo co co p 1 cc ^ "^ ^ "^ ^' r -' '^ ?"- ^ t E ^ S ^ C = V- io~" bo '-''x "It-bscnbo --»b: '^booobrbobibo -ji..' 5 •s -s CO CO — C' - <-, — C- iC - CO \Z c i> SpSH It will be noticed from these tables that the annual per capita consumption of distilled spirits in France seems to be on the increase, while the per capita con- sumption of wines is decreasing. The " Exportation " column is particularly in- teresting. Despite the destructive work of the phylloxera, France exports nearly as much wine now as she did in 1870. The United States imports annually more than $6,000,000 worth of French wines and brandies. Little attempt is made to deny that practically all the wines and spirits intended for export are adulterated. A Paris dispatch to the American newspapers, dated Aug. 28, 1890, said : Consumption of Liquors.] 133 [Consumption of Liquors. " The French papers are very much exercised over the McKinley bill as well as the Customs Ad ninistrative bill [high tariff measures then pending in the United (States Congress.— Ed.]. La France, commenting on the rumor that the measure is one of retaliation, and that the United States seriously contemplates the pro- hibition of all adulterated French wines, says that as there is scarcely a single bottle of wine produced in France which is not manipulated with plaster of Paris or other extraneous sub- stances, such a measure will exclude all French wines from the market of the States, and warns the French that they had better come to terms with America, since it offers reciprocity." GERMANY. In Germany beer, again, is the great national drink. Statement showing the Annual Production, Impor- tation, Exportation, and Consumption of Distilled Spirits, and the Average Consumption per capita of population, in Germany, during each year from 1870 to 1687, inclusive: [From " Statistisches Jahrbuch fur das Deutsche Reich."] p^ B % P (5 c ^ s| c & K-oc^oo — co^os^c^;:: cjt - 1 ri =i en w z- tO ~f <0 CO iO tO -] -i --3 — J ' OS O' CO VO ;D ^ k^SxHski.-.l^-^x^kr < i -t— "-Z- 4— -j: V' <: c. o> in w ■>! ~1 M -! O CO ^ «. to JOJ-'^OKJJ-'J- 1 J-'J-'j-'J^j- 1 ^ 1 - 1 * '+»"btt-i"bi"bi ct toli^-*^— os os -'axs'jj: os — © to — o-i ~ os os 4- ■; x _' — <- ~. z - ; — -4_ V •_,' OS - > X; O' Orr 7 ( p X ;— X -J- -T. i ;e> wt :o oij- 1 © oo ciji- *- © © os os -.mo jr. d" OS +-£OQ © Oi obqi-il; OJ ^ 55 3 5 ?' 5* ssxm to ocjo^x -i — — pijz xv: os © $ x x -'"os'r. '- V- 1 " 1 os(0-('x"i^ '- '?'-' i= ■' Oi J- -"> to v: -i - 1 C ^' ~ ^ - -' i J J" f M , .4-. i-mo to "j' "-"'- © ~ os - 1 - 1 os to ?o os J- ~ --l'jso X — x © x x - > - © — © os- x z 3 i-i 00 OS CJ' -"» tO-l OS-1 O5J0T © J-MO ©> jjn J 3C»OOTQt$l-^0~2 95'os to — "X V_* <_-V "' c ~. x -: '-. x .r <■■ J- t^cjioo-}^© ~ o 2 ? Statement showing the Annual Production, Impor- tation, Exportation, and Consumption of Beer, and the Average Consumption per capita of population, in Germany, during each year from 1872 to 1887, inclusive: [Prom " Statistisches Jahrbuch fur das Deutsche Reich," 1888.] m OCXOCTOOCaOGOOOQCaDGoao i_l ^ _ o o OiO 5500000050^ O O "-* -I OS OS h-i 00 ?0 tO 4~ 4- tO © co ^ 0_Cr©>©CC ■ o: X js v X id _p »1 on jr. ^ cn-i os-l'x^-' ©qo "to -* OiKi os *-"•-' S: CI OS ©> ib. 10 4_ Gl 3- -"> -"} GO 4- Q O On 3 j- 1 cr.caiziiz i^ p~- yj ~' r~- -'*.0' os'-" ooo'la'ii'io'to 'f CJicSOiEOvT/SWaCCOOOCKio ClOCO>-iCOOS4-i-.^i-iCiOTClOBC7t OS K>J0_J0^-0__tG JO _J5J0 OS OS OS Wj-'J- t » — . ;; - 1 o ■ — o: x -c . - o: X ■ - > - - _— .0 OS OS -- jT. ,-- j^ 0~(-l OSji- OT 0~ "3o1o"~jo"^i o'—t'to'^'^ oc: laci"^? 1 -~ - ■- ■ — -- -0-> CJi CJi 4- toco O O -r, -_- *— y. ,U OS OS -I ->■ z ~~ ; - .. ppo--opo_ ^- y._;ij^-^' -jr.; i__^ -ip 3 -i ;' ci ar.-ibx+--tc*i-'b7j'bcjTX os ~f- vi !.•—-> — X C-M^XO-lMrj — ~. o; -! x m (i O X ti O x a en ^. T3 S".* ^9^ 2^3 't^ '^ "+. o, ', i "^ b, '^ x "rt- '— - c; x ,C w- O C -^ ~ ^ r r: ~ -^ -^ ~ -z ^ o ^ -.r x ^ ~ T ' — -' 7^ ^ '^ ~ '^ 7T ; f ri '- Z 7-' - CO -_> X. ~. -> y. 1; x cc -> co j; ^ ^- Oi c ox": to so fo {O !0 t2 (O iO to ^o to M (O ?i (I cr- J^COCOCOtO(OtO-'COC04-J.*-CO^g Thus the per capita consumption of dis- tilled spirits is about the same in Germany as in France and Great Britain, and is slightly less than in the United States. The per capita consumption of beer, which seems to be slightly on the in- crease, is about twice as large as in the United States, and one-fourth less than in the United Kingdom. DENMARK AND SWEDEN. In Denmark and Sweden the average per capita consumption of distilled spirits is very much larger than in any nation heretofore considered, being for each country, respectively, in 1886, 4.23 and Consumption of Liquors.] 134 [Consumption of Liquors. 2.47 gallons, although there seems to be a slightly decreasing tendency in Den- mark. Statement showing the Annual Production, Impor- tation, Exportation, and Consumption of Distilled Spirits, and the Average Consumption per capita of population, in Denmark and Sweden, during each year for a series of years: opaccoK a k-i CO CD "- K> Ol ta so >■- o n(i if- C5 -. co ; ; — i _ CDtOOSQ? ET tO-lCO** 05&3JD5O OOSCj- V-l Ol iiV tO ^ to -i tox ~-o -} j- i-iC0- cs 10 CO JO OT - MOStOOi- 1 - JQ_ M OS o» it* eo to 51 00 co oo «o jo a oa Veo"i* *• £5 CO OT 4s- O i- 1 "^ toosw ^oss Voi -1 00 CO ?° 01 H- 1 4X -J tO Ol iO Ol CD tO or 01 CO -1 < -i cs~to fi 00 4- tfci OS Ol OS 00( 05 QOSOSOSOSOCi E82S"8| CO (SO GO Mj- 1 3 "hi m"sD w'-l ? OS i- 1 SO IO Q 1-"- j i-'os-S iOCO — ■3 y to to "MM f 4- O CO tO Oi to Oi so to CO V OiM.Xiiii-* 01-2^4- CO "1 Si OS OS O' 4- "SD ft H3 O O « CO j-i COJt- GO CD JO Oi OS g* 4* co^^o'co'oo ww3 JkOSi-'OCn-Qt-iCS'Sa OlCO-^COds-OOSQG' K Galls. .01 1.03 1.13 1.21 .78 ,84 .74 .8^ p i-3 r„«i E* S3 OO O OO 'X SO -I Oi CS GO f Gall £ TJ F" H'OKKiKlit.COWJi © "■" J -!'(i~b- 1 3X' :i s 0* > c ^ t- 1 ,© cs go co <&>■ 4- -j <-* -1 f "S a OS CJI CO to CO CO to '^ a a K tO X w X SO Ot SO — ' B -,, o -5 "3 CO 00 -* to o CO g (-. CO *- 10 © -t ?* CO to- — • CO O coco^coo <5 i too -1 *- 5 »o? to ift-ic towbipK -'■ 52 ?• CCCOw to>-» ^ jo J*. "^ WCI CD 00 kH^ <& £ CO GDGC? 5 («) No data. Note. — The years referred to are those specified in the preceding tables. C. DeF. Hoxie. Corea.— This country, so long called, and most justly, "the Hermit nation," and opened to the world by American diplomacy under Commodore E. H. Shu- feldt, U. S. N., in 1882, is situated be- tween China and Japan. It has an area of 82,000 square miles, and a population of about 12,000,000. The official name of the kingdom is Cho-sen, or Land of Morning Calm. The people are less con- servative and stolid than the Chinese, and less enterprising and mercurial than the Japanese, and exhibit a happy me- dium in physique and temperament be- tween the two. Owing to the general prevalence of the meat-eating habit on account of the abundant animal food, and because also of the remarkable ab- sence of tea in a country midway between the greatest tea-producing countries of the globe, the use of alcoholic drinks is general. The pages of Corean history from ancient times are stained with the records of drunkenness and dissipation. A characteristic incident is related of Yasuhiro, an envoy of Japan to Sc oul, the Corean capital, in A. D. 1592, when the veteran noted that the Corean dig- nitaries were prematurely old from dissi- pation instead, of from campaigns and toils. The vocabulary of the language is surprisingly rich in terms relating to the various kinds of intoxicating drinks, cups, measures and degrees of drunkenness. The native liquor, by preference, is a strong spirit made from rice, though the whiskey imported over the border from Manchuria is much in vogue. Eice, mil- let and barley are employed, and both fermented and distilled liquors are pre- pared from these grains. These drinks vary in color, taste, strength and smell. They range from beer to brandy in in- toxicating power. In general they are sufficiently smoky, oily and alcoholic, and little attempt is made except for the costly grades to extract the fusel oil gen- dered in the process of distillation. The Government levies a malt tax on the in- dustry, but makes no attempt to regulate the traffic, except " for revenue only." In case of a failure of crops, as in 1876 and 1889, or even during severe shortage, the manufacture and sale of the native bever- age are forbidden in certain sections under sev ,re penalties. It is said that in the city of Ai-chiu or Wiju on the north- western border, there are 1,500 families supported by the traffic in intoxicants. All travelers, their own vocabulary, his- tory and folk-lore agree in charging to the Coreans habits of gluttony and. dissi- pation which are fostered by the general use of liquor. Corea is one of the poor- est countries in the world, though by right and nature it might become one of the richest ; and much of its extreme poverty may be fairly laid to the national Cornell, John Slack.] 136 [Cost of the Drink Traffic. passion for alcoholic drink. " Drunken- ness is in great honor in this country," writes Dallet, with whom Ross agrees. " If a man drinks of rice-wine so as to lose his senses, no one considers it a crime. A mandarin, a great dignitary, a minister even, can, without loss of reputation, roll under the table at the end of his dinner. Or he may sleep himself sober, and his assistants, instead of being scandalized at this disgusting spectacle, congratulate bim on being rich enough to be able to procure so great a pleasure." Unfortu- nately, to the native production of intoxi- cants is now added the new danger from the liquor-sellers of Christendom. In the annual trade reports and returns for 1888, issued by the Custom House at Seoul, we find that malt liquors, wines and spirits were imported in 1887 to the amount of $14,014, and in 1888,116,098. One gleam of hope however is in the active prosecu- tion of Christian missionary labors, and the establishment of churches, already two in number. The dissemination of Christian temperance principles along with the planting of tea and the cultiva- tion of taste for non-alcoholic drinks will improve the sad state of things in this country so cursed with official corruption, disease and needless poverty. [See " Corea. the Hermit Nation," and "Corea Without and Within." besides the writings of Ross, Dallet, Carles, Lowell, and the letters of missionaries.] William Elliott Griffis. Cornell, John Black. — Born in Far Rockaway, Long Island, Jan. 7, 1821, and died in New York City, Oct. 26, 1887. He was descended from prominent ancestors. One ancestor was a member of the Colonial Legislature of New York (except for two years) from 1739 to 1764; another, the grandfather of John B., was a member of the New York General Assembly for seven years at the close of the last century. The founder of Cornell University, Ezra Cornell, and his son, Gov. Alonzo B. Cornell, are descended from another branch of the same family, as is also ex-President Woolsey of Yale College. When 17 years of age John B. Cornell came to New York City and was apprenticed to his brother George, who was then senior member of an iron firm. In 1847 John and his younger brother William set up in the iron business for themselves, and the new firm soon ac- quired the high standing it has since held. Mr. Cornell was active in enter- prises of the Methodist Episcopal Church. In the year 1872, and again in 1876, he was sent as a lay delegate to the General Conference, and he was a prominent member of important church boards, such as the Board of Managers of the Missionary Society, the General Com- mittee on Missions and the Book Com- mittee. He also held the more import- ant positions of President of the New York City Church Extension and Mis- sionary Society, and President of the Board of Trustees of Drew Seminary. He was an ardent Abolitionist at a time when his views on slavery cost him much of his popularity among his friends, and in later years he was a staunch party Prohibitionist, a most generous contribu- tor to the cause. Cost of the Drink Traffic.— The expenditures of the people of the United States for the support of the drink traffic fall naturally under two heads : (1) Di- rect expenditures, or the sums paid by consumers for intoxicating liquors, and (2) Indirect expenditures, or those paid by the people on account of the crime, pauperism, drunkenness, disorder, idle- ness, sickness, poverty, taxes, etc., due to the traffic. 1. DIRECT COST. The report of the Commissioner of Internal Revenue for the year ending June 30, 1889, shows that the quantities of domestic liquors withdrawn for con- sumption during that year were : Distilled spirits. . 77,164,640 proof gallons. Fermented liquors. . 25,119,853 barrels. In computing the cost to the consumer of the domestic distilled spirits used for beverage purposes it is necessary, first, to consider that the 77,164,640 proof gal- lons withdrawn for consumption in 1889 included a certain unknown quantity of alcohol used in the arts, manufactures, etc. Although this quantity isunknown,it may safely be estimated at not more than 10 per cent, of the total distilled product (see Alcohol), or 7,716,464 gallons. Deducting this sum there remains 69,- 448,176 proof gallons of spirits drank by the people in 1889. But the alcoholic strength of a proof gallon in the ware- house (50 per cent.) is largely reduced Cost of the Drink Traffic] 137 [Cost of the Drink Traffic. by the time the article reaches the bar- room, by adulteration and by dilution with water. The average retail strength is not in excess of 40 per cent.; and therefore the aggregate volume of bever- age spirits is increased fully one-fifth — that is, the 69,448,176 proof gallons of beverage spirits withdrawn for consump- tion in 1889 became 83,337,811 gallons when ready for sale over the bar. The average retail price of a gallon of spirits to the consumer is, at a low estimate, $6. * Therefore the retail cost' of distilled spirits consumed for beverage purposes in the United States in 1889 is found to have been $500,026,866 on the basis of a conservative reckoning During the same period the people drank 25,119,853 barrels of domestic beer, as shown by the Internal Revenue returns. A barrel of beer contains 31 gallons 2 or 496 half -pints, a half -pint being, approximately, the capacity of an ordinary beer-glass. Each glass (or half- pint) retails for five cents; and the aver- age retail price per barrel, accepting the figures just given, is consequently $24.80. But it must be borne in mind that a con- siderable portion of the beer used, es- pecially among the working classes, is sold by the bucket or "growler," and carried away to be consumed at home or in the shop; and when so sold the price is much lower than by the glass. On the other hand each , glass or bucket of beer contains a large percentage of froth. Taking all the elements into considers tion it seems reasonable to think that $18 per barrel is a very low estimate of the average cost of beer to the public ; and if this estimate is accepted the total retail cost of domestic beer in 1889 was $452,- 157,354. Besides distilled spirits and beer the United States now consumes annually about 30,000,000 gallons of domestic wine. (See Consumption of Liquors.) The average value of this product to the 1 In order to obtain an expert estimate, the editor sub- mitted the question to Robert A. Greacen, a prominent wholesale liquor-dealer of New York, who said: "A gal- lon of whiskey will make about 80 ordinary -sized drinks, but it is safe to reckon 75 in order that there may be no dispute. Bartenders often reckon 60, to allow for their own treats. 11 A drink of whiskey is seldom sold for less than 10 cents, except in the very lowest dives, where some- times it may be obtained for seven or even Ave cents. On the other hand, saloons of the more pretentious class charge 15 cents per drink, or two drinks for a quarter. It is obvious, therefore, that our estimate of $6 per gallon to the consumer is considerably below the actual average. 2 Internal Revenue Laws of the United States, Chapter 5, Section 3,339. consumer may safely be reckoned at $2 per gallon, making a total cost of $60,- 000,000 for domestic wines. During the year ending June 30, 1889, according to the report of the Chief of the Bureau of Statistics, the imports of liquors and their stated values were as follows : Stated Quantities. Values. Maltliquors 2,524,(181 gals. $1,361,990 Brandy 400,089 " 1,076,265 Other distilled spirits 1,137,458 " 851,822 Champagne and other spark- ling wines 315,870doz. 4,251,413 stiU **» j 3 g£l^ 9 Total $10,996,849 But the values here stated were the val- ues of the liquors before they had left the Custom House. Allowing for the import duties charged upon them, subsequent increase of volume by means of dilution and adulteration, profits made by import- ers, wholesalers and retailers, etc., it is entirely fair to estimate that at least 100 per cent, must be added to the stated value before the cost of these im- ported liquors to the public at large can be approximately indicated. That is, the aggregate retail cost of imported liquors in 1889 may be put at $21,993,698. Collecting the various items, we have the following summary of the direct cost of the drink traffic to the people of the United States for the year ending June 30, 1889: Domestic distilled spirits, 83,337,811 gal- lons, at $6 $500,026,866 Domestic beer, 25,119,853 barrels, at $18. . . 452,157,354 Domestic wines, 30.000,000 gallons, at $2. . 60,000,000 Imported liquore of all kinds, $10,996,849, to which add 100 per cent 21,993,698 Total $1,034,177,918 In this estimate no account is taken of the illicit whiskey of the " moonshine " stills, cider, home-made wines or smuggled liquors. It must also be considered that the calculations made above are conser- vative, inclining to understatement rather than to overstatement. Probably a juster estimate of the total direct cost would be $1,100,000,000. Even this figure is smaller than the one obtained by apply- ing to the official returns for 1889 the methods of calculation used by Har- greaves. On the other hand, certain sta- tisticians have made lower estimates. F. N. Barrett, editor of the American Gro- cer, at the request of the Chief of the Bureau of Statistics in 1887, submitted a Cost of the Drink Traffic] 133 [Cost of the Drink Traffic. report on the subject, which was printed in a special report issued by the Bureau. Mr. Barrett, in a letter accompanying his analysis, indicated his anti-Prohibition sentiments by an uncomplimentary allu- sion to '■ fanatical advocates." According to his figures, the annual direct expendi- ture for drink in the United States, on the basis of Government statistics for the year ending June 30, 1886, was $700,- 000,000. 1 He estimated the average price of whiskey at 7£ cents per drink, or §4.50 per gallon, instead of 10 cents and $6, the figures that we have adopted ; and he reckoned the price of domestic beer to the consumer at 50 cents per gallon, or $15.50 per barrel, instead of $18 per bar- rel, the price that we give. Mr. Edward Atkinson, at about the same time, made an independent calculation, agreeing with Mr. Barrett's conclusion that the direct expenditures for drink at that time aggregated about $700,00.0,000 per annum. This estimate of $700,000,000 is the lowest one that has been made in recent years. The total direct cost of the drink traf- fic is steadily increasing. Eor the year ending June 30, 1889, the quantity of distilled spirits withdrawn for consump- tion showed an increase of 5,599,154 gal- lons over the quantity withdrawn the previous year — that is, allowing 10 per cent, for spirits used in the arts, etc., and adding one-fifth to the remainder on ac- count of dilution and adulterations, there was an increase of 6,047,086 gallons, in- dicating an increased cost during the year to the public of $36,283,416 for do- mestic distilled spirits alone ; at the same time the domestic beer consumed showed an increase of 439,634 barrels, indicating an increased cost of $7,913,412 on account of domestic beer." Thus in 1889 the di- rect cost of drink to the public (omitting wines and imported liquors of all kinds) was $44,195,828 greater than in 1888. Comparisons with other years show re- sults more or less striking. It is manifest, therefore, that the direct cost of the traffic is increasing at the rate of from $40,000,000 to $50,000,000 per year. In speaking of the direct cost we have not here made allowance for the sums paid by liquor-makers and sellers for grain, lin-is and grapes, buildings, machinery 1 Mr. Barrett's estimates, if made for the year ending June 30, 1889, would show a total direct expenditure for that year of not less than $800,000,000. and appliances, labor, etc: It is, of course, understood that the money paid by the people for drink is not all retained by the drink-dealers, but is in part paid by them in turn to persons engaged in various pur- suits. But the magnitude of the profits of the liquor traffic is noi under considera- tion in this article. Even if the aggregate sums paid back by the liquor traffic to the people, or special classes of the people, were large enough to balance precisely the sums paid by the people for liquors, the traffic would not on that account be a contributor to the general welfare. Upon this subject Mr. E. J. Wheeler comments in a logical manner in his book, " Pro- hibition: The Principle, the Policy and the Party." " Suppose," says he, " that $700,000,000 is the sum paid each year for drink in this country. Mot a dollar of this sum, it may be, will be lost to the nation; but the labor and the material used in making and marketing the liquor for which this sum was expended are lost to the nation. The value of that ma- terial and labor is represented by the $700,000,000 after the taxes and license fees are deducted. Suppose, by way of illustration, that this nation withdraws from other forms of industry 500,000 men, and sends them to labor for one year in the construction of the Nicaragua canal. Let $700,000,000 be the sum paid them for their labor, their transportation, the cost of machinery, and all their ap- pliances. And suppose, further, that in one way or another every dollar of this sum is by the end of the year returned again to the nation, either in exchange for provisions purchased, or in bank de- posits, or in some other form. The na- tion would not have lost a single dollar of the $700,000,000, but it would have lost the equivalent of that sum., in the necessaries, comforts and luxuries sup- plied to these men. If the work they have in the meantime performed has created a canal whose value is $700,000,- 000, the nation has lost nothing but in- terest. If the work has proved valueless, the loss has been $700,000,000 plus the interest. If the work has proved to be positively destructive, the amount of value destroyed must be added to the $700,000,000 to ascertain the full extent of the loss." By similar processes of cal- culation the accounts for and against the liquor-traffic must be made up. Cost of the Drink Traffic! 139 [Cost of the Drink Traffic. 2. INDIRECT COST. It is still more difficult to give exact figures of the indirect cost. The items to be taken into account are so numerous and the statistics are often so unsatisfac- tory that any conclusion which may be suggested must be the result of interpre- tation rather than of direct calculation. In relation to a few of the most import- ant items it is possible to deal with ap- proximate figures. 1. Pauperism. — Mr. Fred. H. Wines, in the Compendium of the 10th Census (1880) says : " It is almost if not quite im- possible to obtain the statistics of pauper- ism." He reports 67,000 inmates of almshouses in 1880. The average cost of their support would be about $100 a year, making a total of $6,700,000. In the State of New York the official report for 1888 gives the cost of out-door relief as about two-thirds of the cost of main- taining paupers in almshouses. Estimat- ing at this rate for the whole country, we should have $4,466,666 for out-door relief, making $11,166,666 expended in the na- tion on account of pauperism in 1880. On the very reasonable assumption that three-fourths of this was due to intem- perance, we should have a total of $8,374,889 given from public funds for maintaining paupers created by the drink business. There can be no doubt that this estimate is much under the mark. It does not include any part of the sums paid to pensioners of various kinds. Be- sides, the expenditures of charitable organizations, under the direction of churches, societies and private individ- uals, are left out of the account. 2. Crime. — Similar difficulties are en- countered in estimating the cost of crime. Mr. Wines, in his pamphlet, " Crime, the Convict and the Prison," says: "The problem involves many estimates, some of which are very obscure." Taking the num- ber of inmates of prisons and reformatories as given in the Census of 1880, 70,000, and reckoning the expenditure (including prisons and repairs) at $200 a year per inmate, he estimates the total cost of crime in the United States in 1880 at $15,000,000. To this should be added the cost of arrest and trial, making, accord- ing to Mr. Wines, "$50,000,000 annually raised by taxation to defend the com- munity against the ravages of crime." Judge Noah Davis and many other ex- perienced and impartial observers declare that three-fourths of all crime is due to intemperance ; and conservative processes of calculation therefore indicate a total expenditure of $37,500,000 per annum for crime due to drink, — assuming that Mr. Wines has approximated the actual amount in reckoning the entire outlay at $50,000,000. But there is good reason for believing that he has not done so. On pages 546-7 we print figures and deduc- tions indicating that in cities of the United States having an aggregate pop- ulation of about 17,000,000, the expenses of the police department alone, on account of offenses due to drink, are in excess of $26,000,000 annually. 3. Insanity, etc.— The Census returns show that 168,982 insane and idiotic persons were enumerated in the United States in 1880. The enumeration was far from complete. At $200 each per year (the cost of many exceeding this) the cost of the insane and idiotic to the public would exceed $33,000,000 annually. In view of the great perplexities of the problem we shall charge only one-fourth to the saloon, making $8,250,000. Besides the insane and idiotic there are other " defectives," the deaf, dumb and blind, cripples and the like, and multitudes who stand on the "border lines." Consider- ing the universally recognized fact that the hereditary influence of drink is one of the most prolific causes in the produc- tion of defective persons, the money used in caring for these victims of liquor must reach an appalling total. 4. Sickness. — Dr. Hargreaves, by what seems a reasonable computation, 1 esti- mates that there are 150,000 persons simul- taneously sick in the United States in con- sequence of intemperance. It is probable that an equal number of temperate persons are made sick through the intemperance of others, especially women and children, who suffer terribly from want of fuel, clothing, food and all the comforts of life because of the drunkenness of husbands and fathers, not to speak of the sufferers from absolute violence and abuse. If this be conceded, and the average cost of medical attend- ance and medicine be placed at the low figure of $1 a day, the total annual cost will be $109,500,000. i Worse than Wasted, p. 54. Cost of the Drink Traffic] 140 [Craig, William H. QUALIFYING FACTOES. In computing the indirect cost it is requisite, however, to allow for any items to the credit of the traffic. The most important item is that of revenue paid by it to Federal, State and local authorities. For the year ending June 30, 1889, the taxes from distilled and fermented liquors collected by the Internal Eevenue De- partment of the Federal Government ag- gregated $98,036,041.59. In the same year the total expenditures of the Inter- nal Revenue Department amounted to $4,185,728.65, of which perhaps one-fourth was paid for collecting the taxes on tobacco, oleomargarine, etc., leaving up- wards of $3,000,000 expended in 1889 for collecting the Federal revenues from liquors. Hence the aggregate annual in- come of the National Government from the drink traffic on account of Internal Eevenue is not in excess of $95,000,000, to which add customs duties from liquors aggregating $7,786,399.87 — making a grand total of about $102,800,000. In the same year the total number of dealers in liquors paying Internal Eevenue taxes was 181,783. It is not a fair assumption that all of these dealers were regularly licensed by State and local authorities; and it must be remembered that a great many were druggists, selling liquors for medicinal and similar purposes under merely nominal license fees. It will probably be right to take it for granted that not more than 170,000 of the 181,783 persons who paid Internal Revenue taxes were regularly and exclusively engaged in the liquor business under State and local license laws in 1889. About one-third of these dealers were in the distinctively low license States of New York, California, Wisconsin and Maryland, States in which the annual license rate, striking an aver- age, is certainly not in excess of $150. The distinctively High License States, like Massachusetts, Nebraska, Minnesota, Michigan, Pennsylvania, Illinois and Missouri, contained less than one-third. From these figures it seems proper to con- clude that the average annual, license fee per liquor-dealer paid into State and local treasuries is not more than $250. Esti- mating that there are now in the United States 170,000 persons subject to ordinary license charges, the total revenue of State and local Governments from the traffic is $42,500,000. From this a certain sum must be deducted for the cost of collect- ing — say 5 per cent., or $2,125,000; leav- ing a balance of $40,375,000, which added to the Federal revenue gives an aggregate of about $135,000,000 revenue per an- num paid by the drink traffic in the whole of the United States to Federal, State and local authorities. In considering whether other items to the credit of the traffic may justly be al- lowed for, it is very difficult to adopt a basis of reasoning that will be acceptable to all persons. It is claimed by pro-liq- our statisticians that the sums paid for labor are to be counted absolutely to the credit of the traffic. On the other hand it is maintained that if the traffic were utterly destroyed the laborers now en- gaged in it would find other employment, while many thousands whose working power is now ruined or impaired by drink would find their wage-earning power improved. The same antagonistic claims are set up by different persons in considering the significance of the ex- penditures made by the traffic for ma- chinery, buildings, material, etc. In the opinion of the opponents of the traffic, these expenditures count for less than nothing when viewed from the standpoint of wise national economy. It is, there- fore, impossible to make allowance for them in this article. The estimated revenue ($135,000,000 per annum) seems, therefore, to stand as the sole item to the credit of the traffic in reckoning its cost to the people of the United States. Against this revenue is an expenditure, direct and indirect, of prob- ably about $2,000,000,000, annually in- creasing at from $40,000,000 to $50,000,- 000. And in estimating the indirect cost we have taken no account whatever of losses from fires due to intemperance, de- preciation of property values, losses due to the stimulation of allied evils like gambling and prostitution, losses resulting from the enforced illiteracy and ignorance of mul- titudes whose ability to strive for better things is destroyed by the saloon, etc , etc. It is manifestly within the bounds of moderation to believe that the money equivalent of these unestimated losses approximates if it does not exceed the entire boasted revenue. Craig, William H. — Born in Gait, Canada, Aug. 18, 1849, and died at his home in Kansas City, Mo., April 9, 1890. Crime.] 141 [Crime. He came to the United States in 1864, and although but 15 years of age attached himself to the commissary department of the United States Army and served until the end of the Civil War. He purposed studying for the ministry, but his eyes failing him during his course at the North- western University at Evanston, 111., he was obliged to give up the plan, and be- gan his business career as clerk in a Chi- cago house. He was married, September, 1877, to Jennie E. Northup of Joliet, 111., and in 1878 they removed to Kansas City, where Mr. Craig entered the real estate business and amassed a fortune. He was a prominent member of the Methodist Episcopal Church. A total abstainer from boyhood, he always advo- cated the principle of the Prohibition of the liquor traffic. Upon joining the Prohibition party he became a recognized leader of it in the West. Soon afterwards he began the publication of the Kansas City Herald, a weekly journal devoted to the interests of the new party and tem- perance reform. This paper never paid expenses, but Mr. Craig continued to is- sue it until 1889, when he disposed of it to local Prohibitionists who afterwards permitted it to expire. Mr. Craig made large donations to the Prohibition work : one year the Woman's Christain Temper- ance Union of Missouri received from him a check for $1,000. As the candi- date of the Prohibition party for State Treasurer of Missouri in 1888 he received 4,524 votes. Crime — The study of mental pathol- ogy has clearly established the fact that the faculties and propensities of the human mind can be stimulated or de- pressed by purely physical agencies. There are drugs that excite the activity of the imagination, and injuries to certain parts of the cerebral organism tend to weaken the memory; just as other drugs stimulate the functions of the digestive organs, while the laceration of certain nerves or sinews may result in lameness or the loss of sight. The influence of alcohol thus affects the higher faculties of the human brain. It torpifies the moral instincts and weakens the faculty of log- ical inference, while at the same time it stimulates the propensity of combative- ness. Animals fuddled with alcoholic drugs become ill-tempered and aggress- ive —often to the degree of attacking their own keepers. By a half-ounce dose of strong rye-brandy Dr. Hermann Gessner of Munich excited a usually gentle deer- hound to a pitch of fury which came near endangering the life of the experimenter. " The greater part of the exciting influ- ence of alcohol," says Prof. Otto of Up- sala, is directed toward the posterior and inferior portions of the brain ; in other words, it excites chiefly the organs of the animal propensities, and according to the law that whatever stimulates strongly one class of cerebral organs weakens an- other class, alcohol, while it adds vigor to the animal propensities, enfeebles the intellectual faculties and the moral sen- timents." The history of crime has invariably confirmed that conclusion. "The places of judicature I have long held in this Kingdom," says Sir Matthew Hale, Chief-Justice of England, " have given me an opportunity to observe the original cause of most of the enormities that have been committed for the space of nearly 20 years; and by due observation I have found that if the murders and man- slaughters, the burglaries and robberies, the riots and tumults, the adulteries, for- nications, rapes and other outrages that have happened in that time were divided into five parts, four of them have been the issues and products of excessive drinking." Just 200 years later an independent observer of our own country arrived at almost exactly the same conclusion. Dr. Elisha Harris of New York, in a mon- ograph on the subjective causes of crime, published in 1873, says : " As a physician familiar with the morbid consequences of alcoholic indulgence in thousands of suf- ferers from it, as a student of physiology interested in the remarkable phenomena of inebriation, and as a close observer of social and moral tendencies, it was easy for the writer to believe that not less than one-half of all crime and pauperism in this State depends upon alcoholic ine- briety. But after two years of careful inquiry into the history and condition of the criminal population, he finds that his conclusion is inevitable that, taken in all its relations, alcoholic drinks may justly be charged with far more than half of the crimes that are brought to conviction in the State of New York, Crime.] 142 [Crime*. and that fully 85 per cent, of all con- victs give evidence of having in some larger degree been prepared or enticed to do criminal acts because of the phys- ical and distracting effects produced upon the human organism by alcohol." Prison officials of every civilized coun- try have confirmed that verdict. "By far the most fruitful single cause of crime is the temptation of the public tav- ern," says prison chaplain Eberts of Brunswick, Germany, " and though pov- erty or revenge may in many cases prove to have been the proximate cause of law- less acts, intemperance and the conse- quent habits of shiftlessness would in nine out of ten cases be found to have developed the original bias of the moral disposition that lured trespassers from the path of rectitude." " I have heard more than 15,000 prisoners declare that the enticements of the ale and beer- houses had been their ruin," says the Eev. Mr. Clay, Chaplain of the Preston (England) House of Correction, " and if every prisoner's habits and history were fully inquired into it would be placed beyond a doubt that nine-tenths of the English crime requiring to be dealt with by the law arises from an English sin which the same law scarcely discourages." " The alleged vindictiveness of the Latin races," says Prison Inspector Longinotti of Naples, " is rarely noticed in rural districts where the poverty of the peas- ants or other causes have made temper- ance an involuntary virtue. In the cities brawls and vendettas are children of the same fiend that has proved a fruitful parent of idleness and unchastity. In- temperance, aided perhaps by the social temptations of city life, is the chief cause of crime." " On examining the reports of the Prison Inspectors for the Provinces of Quebec and Ontario," says a report to the Dominion House of Commons, "your Committee further find that out of 28,289 commitments to the jails for the three previous years, 21,236 were committed either for drunkenness or for crimes per- petrated under the influence of strong drink." In summing up the prevalent causes of crime we shall find that intemperance must, in every case, be regarded either as a direct or indirect factor of the con- ditions favoring the development of a vicious disposition. 1. Drunkenness excites the instinct of destructiveness and thus becomes a direct cause of violence, and often of wholly un- provoked assaults. 2. Inebriety clouds the perceptive fac- ulties and thus disqualifies its victims for judging the consequences of their acts or realizing the force of dissuasive argu- ments. 3. Habitual intemperance weakens the influence of self-respect and eventually almost deadens the sense of shame. 4. Intemperance tempts to idleness — the parent of vice. 5. Intemperance is a chief cause of poverty, and thus indirectly of the crimes prompted by hunger and distress. 6. Alcohol tends to beget a disincli- nation to intellectual employments, and thus neutralizes a chief agency of reform. 7. Intemperance begets a hereditary disposition to idleness and vice. The lineage of the notorious Jukes family has been traced to a man who is de- scribed as a hunter, sometimes a vagrant and always a hard drinker, and seven- eights of whose descendants were either paupers or habitual criminals. In the thirtieth aunual report of the Executive Committee of the Prison Association of New York we find the detailed premises of an estimate that the total loss to soci- ety by the crime and the shiftlessness of that family amounted in 75 years to nearly a million dollars. With rare exceptions the female descendants of that genera- tion of dram-drinkers were almshouse pensioners or harlots. The males, with still rarer exceptions, were thieves, va- grants or paupers. It has often been urged by the apolo- gists of the drink habit that a good deal of the mischief charged to the influence of alcohol is an unavoidable conse- quence of ignorance and poverty; but aside from the fact that drunkenness is a chief cause of illiteracy and pauperism, it is a suggestive circumstance, confirmed by the testimony of many competent ob- servers, that "want and distress, uncom- bined with dissolute habits, are rarely productive of crime." Thus in temperate Hindustan, a famine threatening the very existence of eleven million human beings resulted in nothing more criminal than an increase of vagrancy. The fearful distress of the Silesian weavers in 185C-8 led to an increase in the frequency of Crusade.] 143 [Crusade. petty thefts (pilfering of field produce by starving children), but to not a single act of violence, riot or armed robbery. Whole families, on the point of death by actual starvation, remained in their houses, quietly awaiting the action of the relief committee, and, restrained by life-long habits of frugality and self-denial, declined to resort to acts of lawless vengeance even when the insolvency of their em- ployers was clearly proved to have been a fiction of fraud. The history of our Labor reforms abounds with similar in- stances of self-denial under extreme prov- ocations to lawlessness, wherever the counsels of moderation were seconded by habits of sobriety; while, on the other hand, even the rigor of military disci- pline has not always been able to prevent a pandemonium of crime when alcohol added its fuel to the fire of violent pas- sion. The Austrian General Tilley ex- plained the monstrous outrages commit- ted during the sack of Magdeburg by the frank admission that he had lost the reins of discipline. " They got wine enough to make four-fifths of them drunk," he said, "and all the protests of my officers were unavailing against the rage of an uncontrollable plurality." Similar scenes followed the defeat of the Kussian army in the defiles of Zorndorf. "The van- quished infantry," says Carlyle (" His- tory of Frederick the Great," vol. 5, p. 368), " broke open the sutler's brandy casks, and in a few minutes got roaring drunk. Their officers, desperate, split the brandy-casks. Soldiers get down to drink it from the puddles, furiously remonstrate with the officers, and kill a good many of them — a frightful blood- bath and brandy-bath and chief nucleus of chaos then extant above ground." Felix L. Oswald. [For particulars of the prevalence of crime under different systems of liquor legislation, see High License, Prohibition, Benefits of, and the Index.] Crusade. — The "Woman's Crusade was certaiuly one of the most striking move- ments of the latter half of the 19th Cen- tury. It was without precedent in the history of crusades in that it was con- ducted by women alone. It was without precedent in its high and noble purpose, and in its immediate and far-reaching re- sults. First inaugurated in Ohio during December, 1873, it was preceded by some marked and unusual events in that State. In the winter of 1872, at Springfield, 0., two saloon-keepers were tried under the Adair law, which in 1870 had been so amended that the wife or mother of the drunkard could bring suit for damages in her own name against the liquor-seller. In both these suits Mrs. E. D. Stewart (" Mother Stewart "), who became a fore- most leader in the Crusade, appeared as advocate for the drunkard's wife.. The trial was by jury in the Justice's Court, and Attorney G. C. Rawlins for the prose- cution insisted on Mother Stewart's plead- ing the cause of those much-wronged women. She made an able plea and won both suits. During the same year she went on Sunday, disguised in a long gos- samer and sun-bonnet, to a saloon near her church and bought a glass of liquor which she took home with her. This evidence of violated law caused the clos- ing of the saloon. She tried to persuade the Springfield women to open a crusade against the saloons, but they were too timid. Dr. Dio Lewis spoke in Fredonia, N. Y., Dec. 14, 1873. He told the story of his mother and her friends praying for the liquor-dealer who was destroying their homes. He incited the women to form a society for the purpose of visita- tion to the saloons. Mrs. Judge Barker was chosen President and leader. An appeal to the liquor-dealers was drawn up, and saloons were visited by 100 women, but the work was soon abandoned and the saloons were not closed. A similar effort was made in Jamestown, M". Y., Dec. 17, 1873. A band of 62 women visited sa- loons, but their closing was not effected. It was but a few days after these efforts in Fredonia and Jamestown that the whole country was thrilled by reports of the uprising of women in Hillsboro and Washington C. H., Ohio. On the 23d of December, 1873, Dio Lewis spoke in Hillsboro. He declared that the dram-shops could be closed if only the women had energy, persistence and a true Christian spirit. A motion to put the new idea into execution was car- ried by a rising vote. In a very short time the names of 75 ladies of standing and influence were enrolled. A commit- tee of three was appointed to write an ap- peal. The Chairman of this committee Crusade. J 144 [Crusade. was the wife of Judge Thompson and daughter of an ex-Governor of the State of Ohio, Mrs. Eliza J. Thompson, who became the leader and mother of the Cru- sade. She was not present at the lecture, but her young son was, and he went home full of the strange doings that were to be inaugurated. He told of the meeting ap- pointed for the next morning in the Presbyterian Church, and urged his mother to go. The young daughter also brought her Bible opened at the 14(jth Psalm, saying, "I believe it is for you." Mrs. Thompson read, and new meanings flashed through her soul. She no longer hesitated, but went at once to the church, where a goodly audience was already as- sembled. She was unanimously chosen leader, and opening the Bible she read the 146th Psalm, which has ever since been called the " Crusade Psalm." By request Mrs. Gen. McDowell led in prayer, and al- though she had never before heard her own voice in public, she spoke with " tongue of fire " and the audience melted in tears. Mrs. Cowden, wife of the Methodist minister, started the hymn, '* Give to the wind thy fears, Hope, and be undismayed; God hears thy sighs and counts thy tears: He will lift up thy head." While thus singing, Mrs. Thompson said : " Let us form in line, two by two, the small women in front, the tall ones in the rear, and let us proceed on our sacred mission, trusting alone in the God of Jacob." Seventy-five women fell into line, while more than that number re- mained to pray in the church. The band called at three drug-stores whose propri- etors signed a pledge binding themselves to sell liquor only on physicians' pre- scriptions. One druggist, Dr. Dunn, re- fused to sign the pledge offered, and fi- nally brought suit against the ladies for " trespassing and obstructing his busi- ness." They visited hotels and saloons until the " number of drinking-places was reduced from 13 to one drug-store, one tavern and two saloons that sold most cautiously." Morning prayer-meet- ings were held every day (save Sunday) during the winter and spring, and a wonderful influence seemed to permeate the whole community. From Hillsboro, Dio Lewis went to Washington C. H., Dec. 24, 1873, where he again told the story of his mother's efforts, and again called on the women to adopt this plan for the tescue of their homes. A " praying band " was formed. Fifty-two women enrolled their names as Committee of Visitation. A " Commit- tee of Responsibility," composed of 37 men, was also appointed. Three ladies were chosen to draw up an appeal to liquor-sellers. Mrs. George Carpenter was Chairman of the Committee and leader of the " band." The appeal pre- pared by these ladies was generally used in Ohio and other States. It was as follows : " Knowing, as you do, the fearful effects of intoxicating drinks, we, the women of Washing- ton C. H., after earnest prayer and deliberation, have decided to appeal to you to desist from this ruinous traffic that our husbands and brothers, and especially our sons, be no longer exposed to this terrible temptation, and that we may no longer see them led into those paths which go down to sin and bring both soul and body to destruction. We appeal to the better instincts of your hearts, in the name of desolate homes, blasted hopes, ruined lives, widowed hearts, for the honor of our community, for our happiness, for the good name of our town, in the name of God who will judge you and us, for the sake of your own souls which are to be saved or lost. We beg, we implore you to cleanse yourselves from this heinous sin. and place yourselves in the ranks of those who are striving to elevate and ennoble themselves and their fellow men. And to this we ask you to pledge yourselves." From the morning meeting of Dec. 26, 40 of the very first women of Washing- ton C. H. marched from the church and began their work of visitation and prayer. Meanwhile other ladies, with many gentle- men, remained in prayer at the church; and while the women went from saloon to saloon — not omitting hotels and drug- stores, — every few minutes the tolling of the church-bell told all who could hear that concerted action and prayer were moving upon the saloon. All that day doors were open and uniform courtesy was. shown. The next day doors were locked and the band knelt in the snow on the pavement. But in spite of locked doors, the day was marked by the first sur- render ever made by a saloon-keeper of all his liquors in answer to prayer. He gave his entire stock into the women's hands to do with it as they chose. Hun- dreds of people crowded the street, while shouts, cries, laughter, praises and ring- ing of church-bells formed the accom- paniment to the gurgling stream of " fire- Crusade.] 145 [dishing, Henry Dearborn. water " as it flowed away and hid in the earth. On the 2d of January, 1874, in a great mass-meeting, announcement was made that " the last liquor-dealer had un- conditionally, surrendered." The result of eight days of prayer and song was the closing of 11 saloons and the pledging of three druggists to sell only on physicians' prescriptions. The next week a liquor house in Cincinnati pledged $5,000 to break down the movement. A new man took out a license, and a stock of liquors was forwarded to one of the deserted saloons. The Crusaders followed the li- quors and remained in the saloon, engaged in prayer until 11 o'clock at night. They returned the next day and remained with- out fire or chairs a part of the time locked in, while the would-be dealer went away. The next day a temporary tabernacle was built in front of the saloon, and the wo- men continued in prayer. Before night the man surrendered, and the saloon was closed. The history of this movement in Wash- ington C. H. and Hillsboro is essentially its history in hundreds of towns in Ohio and other States. Like a prairie fire it swept through all the Northern States to the Mississippi River, and west into Ne- braska and Kansas, and also into some of the Southern States — notably Kentucky, West Virginia and Missouri. In a few places in Ohio some roughness was shown by policemen; but generally much cour- tesy was the rule. In Cincinnati and Pittsburgh, Pa., the women were arrested and taken to jail, but no trial took place. Very false impressions were given by the newspapers. In parts of this country and in Europe the Crusade was thought to resemble the Reign of Terror in Paris, and the Crusaders were likened to the French women who filled the streets of that fated capital. Nothing could be farther from the truth. The women who led and who participated in the Crusade were persons of the highest social stand- ing. They were the first women of the churches, wives and daughters of Gov- ernors, Judges, clergymen and leadiag business men. They were women of abil- ity, of unimpeached Christian character, and of the highest culture. Never in one single instance were they guilty of any act of violence. Never did they touch any liquor-dealer's property until under the influence of song and prayer, which seemed to bring heaven down upon him, showing him the heinousne£s of his destructive business, he surrendered and gave them permission to do what they would with his stock of liquors. One German saloon-keeper called the Cru- saders "Dem Rock in Ages Women." The power of that remarkable uprising of women has not been spent, neither will it be until the mission for which it was sent is accomplished. Clara C. Hoffman. Cumberland Presbyterian Church.— The General Assembly, at Kansas City, Mo., May 16, 1889, adopted the minority report of the Committee on Temperance, declaring in part as fol- lows: " 1. That nothing short of Constitutional and statutory Prohibition of the manufacture and sale of alcoholic liquors as beverages by the United States and the several States will be satisfactory, and to this end we will pray and work. ' ' 2 That admitting that it is a crime, ' it can- not be legalized without sin.' It cannot be li- censed without legalizing it ; therefore to vote for license is sin. " 3. That the manufacture of and dealing in, or in any way favoring such dealing (this in- cludes revenue officers, such as gaugers, store- keepers, etc.), is inconsistent with the Christian character, and should receive church discipline. ' ' 4. That we, as a church, stand squarely and unequivocally in favor of Prohibition, and here- by pledge ourselves to aid in every laudable en- terprise that in any way looks to the overthrow of the accursed liquor traffic, now licensed and protected by the general Government and most of the States. . . . " This report is to be considered as advocat- ing the principles of Prohibition, and not as an indorsement of any political party." Cushing, Henry Dearborn.— Born in Salisbury, N. H., Oct. 15, 1803, and died in Washington, D. C, in October, 1881. When he was a boy his parents removed to Orange, N. H. The school advantages there were poor, but he did much general reading from books bor- rowed of a neighbor who lived six miles, from his home. At the age of 15 he was< thrown upon his own resources on ac- count of the poverty of his family. Prom that time until he was 18 he worked upon a farm, taught school, and studied a term or two at an academy. He began the study of Latin at his home, walking six miles twice a week, after a full day's work, to recite to his teacher. At 18 he Daniel, William.] 146 [Delano, William H, found employment in Boston, and after- wards engaged in business with a brother at Bangor, Me., only to return to Boston in 1842, having suffered reverses. In the last ten years of his life he devoted much of his energies to the temperance cause. He was an active member of the Massachusetts Temperance Alliance, and took a prominent part in its discussions, sometimes speaking from the platform but oftener presenting carefully-prepared papers. In 1878 he issued an able tract on "City Governments/' and 10,000 copies were circulated by the Alliance. For two years before his death he was an invalid. Always a most generous contrib- utor of money to temperance work, in his will he bequeathed 5 per cent, of a valuable estate to be used by the President of the Massachusetts Temperance Alli- ance in furtherance of Prohibition. He also addressed the following words in his will to his heirs : " I should have given more to the temperance cause but for a belief that it can be best sustained by living men and women. So I commend that cause to my heirs, and hope they will sustain it by their example, money, in- fluence and votes." Daniel, William, fourth candidate of the Prohibition party for Vice-President of the United States; born on Deal's Island, Md., Jan. 24, 1826. His father was a native of North Carolina, and his mother of Maryland. He was educated in the public schools and at Dickinson College, graduating in 1848. He studied law and was admitted to practice in 1851. In 1853 he was elected a member of the Maryland House of Delegates and intro- duced a Prohibitory liquor bill similar to the Maine law. He was re-elected to the House in 1855 on the temperance issue, and in 1857 was returned to the State Senate as an advocate of Local Option. After serving one term he removed to Baltimore, where he has since resided, pursuing his profession. In 1864 he was a member of the Maryland State Consti- tutional Convention. He was a champion of freedom, and took a prominent part in the discussions of that body which re- sulted in the emancipation of Maryland's slaves. At first a Whig in politics and afterwards a Republican, Mr. Daniel was an earnest advocate of the Prohibition of the liquor traffic almost from the begin- ning of his career. He was chosen Presi- dent of the Maryland State Temperance Alliance, organized in 1872, and retained that position until 1884. Through the influence of this Alliance and especially the efforts of its President, a Local Option law was enacted in Maryland, under which Prohibition was carried in several counties. Mr. Daniel attended the Na- tional Prohibition Convention of 1884 at Pittsburgh, as the head of the Maryland delegation, and was made Temporary Chairman of the body. He was nom- inated for Vice-President and received 150,626 votes. From 1885 until 1888 he was Chairman of the Maryland State Prohibition Committee. He has been identified with the interests of the Methodist Episcopal Church, and has been active in Sunday-school work, in the Young Men's Christian Association, and in efforts for the elevation of the negro. He was for many years a member of the Board of Trustees for Dickinson College. Deaths from Drink. — See Longev- ity. Delano, William H. — Born in Her- kimer County, N. Y., in 1816, and died in Bedford, 0., in 1885. He never at- tended school, but educated himself by reading, and was so far advanced at the age of 16 that he successfully taught a district school. His father and several brothers were addicted to the use of al- coholic liquors, but William, early in life, pledged himself to total abstinence and to warfare against the traffic. At the age of 17 he determined to enter the ministry, and, not able to acquire a col- lege training, he began preaching in 1835, and from that time until his death in 1885 was a clergyman in the Baptist Church. He was an Abolitionist, and while preaching in central New York he was a " conductor " on the " underground railroad" and helped many a slave to reach Canada. He sometimes stood guard with a shot-gun to protect the slaves he had secreted in his house. He took part in the famous " Jerry Eescue " at Syra; cuse, N. Y. He was not less enthusiastic in the temperance cause, and was con- nected with the Sons of Temperance, the Good Templars and the AVashingtonian movement. In 1880 he went over to the Prohibition party, and although well ad- vanced in years labored zealously for its Delavan, Edward Cornelius.] 147 [Delirium Tremens. success until his death. While pastor at Garretsville, 0., in 1878 and 1879, his opposition to the saloon was so obnoxious to the liquor interests that his church building was blown up with gunpowder. Delavan, Edward Cornelius.— Born in Schenectady County, N. Y., in 1793, and died in Schenectady, N. Y., Jan. 15, 1871. He acquired a fortune as a wine-merchant. In 1828, in company with Dr. Bliphalet Nott, he organized, in Schenectady, the New York State Tem- perance Society. In 1831 he defrayed the expenses of Kev. N. Hewitt's temper- ance mission to Europe. In 1834 he per- suaded Dr. Justin to draw up a temper- ance declaration, to which he secured the signatures of Presidents Jackson, Madi- son, John Quincy Adams, Van Buren, Tyler, Polk, Taylor, Fillmore, Pierce, Buchanan, Lincoln and Johnson. The declaration was as follows : " Being satisfied from observation and ex- perience, as well as from medical testimony, that ardent spirit, as a drink, is not only needless but hurtful and that the entire disuse of it would tend to promote the health, the virtue and the happiness of the community, we hereby express our conviction that should the citizens of the United States, and especially the young men, discontinue entirely the use of it, they would not only promote their own personal benefit but the good of our country and of the world." As early as 1835, as Chairman of the New York State Temperance Society, and by reason of his personal activity, he was recognized as the most prominent leader of the temperance cause in New York. The American Temperance Intel- ligencer and the Temperance Recorder, pub- lished at Albany, were virtually under his control, and their wide circulation made them more influential than all the 15 other temperance journals then pub- lished combined. The Recorder, the monthly organ of the New York State Temperance Society, started March 6, 1832, had at that time a circulation of over 200,000 copies. He engaged in a discussion of the Bible wine question in 1835, and his arguments attracted gene- ral attention. He accused the Albany brewers of using foul water in their busi- ness, and eight suits at law for damages aggregating $300,000 were brought against him. One case came to trial five years later, and upon his acquittal the others were dismissed. He was prominent also in the agitation against the use of fermented liquors. When the American Temperance Union was organized in 1836 he became Chairman of its Executive Committee and donated $10,000 to its treasury. In 1838 he visited Europe, tak- ing with him to England a large supply of temperance literature, including 800 volumes of Dr. Edwards's " Permanent Temperance Documents." In Prance, on Nov. 12 of this year, Mr. Delavan had an interview with King Louis Philippe, who agreed to sign a declaration express- ing his opinion that the habitual use of intoxicating liquors was injurious, if Mr. Delavan thought it would benefit France. Delaware. — See Index. Delirium Tremens. — Delirium tre- mens, or mania a potu, is a nervous dis- order caused by the habitual use of alco- holic stimulants, and in regard to its pathological tendency may be defined as nature's ultimate protest against the con- tinuance of the alcohol vice. The first remonstrance comes in the form of nau- sea, languor and sick headache— symp- toms familiar in the experience of every incipient toper. Loss of appetite and general disinclination to active exercise are the penalties of intemperance in its more advanced stages of development, and those injunctions remaining un- heeded, nature's ultimatum is expressed in the incomparable distress of nervous delirium. Insomnia, cr chronic sleep- lessness, is superadded to a chronic loss of appetite; headaches and dizziness al- ternate with fits of frantic restlessness ; the pulse becomes feeble and rapid, the breath feverish, and twitchings of the motor muscles keep the hands and tongue in a trembling motion ; the patient raves or talks incessantly and is terrified by ghastly visions. Continued sleeplessness aggravates these symptoms to an appall- ; ing degree and at last results in utter exhaustion of the nervous system. From that state of far-gone debility, the drug- doctors, incredible as it may seem, often attempted to rouse the patient by the use of alcoholic stimulants. That mistake, suggested by the delusion that alcohol is a source of nerve-force, made delirium tremens, in hospital practice, an almost invariably fatal disease; and that expe- rience has at last enforced a progressive re- Delirium Tremens.] 148 [Democratic Party. form in the treatment of the disorder. "I haVe come to the conclusion/' says Dr. James Edmunds, "that the use of spirits in the case of delirium tremens does nothing but injure the patient, and probably hastens his death. I now, without the slightest hesitation, in every case should immediately stop the spirit, and I find that very few cases of delirium tremens, if treated on that plan, will prove fatal." "If you follow the old treatment," says Prof. Palmer of the Uni- versity of Michigan, " you will lose half you>- patients. If you follow the treat- ment I give, you will save nearly all. In the hospital of Edinburgh the expectant treatment is found to save nearly all the patients. They used to lose nearly all." Abstinence from alcohol in the treat- ment of delirium tremens is certainly favored by the circumstance that the patient loses his appetite for all virulent stimulants whatever, and temporarily, in- deed, loathes the very odor of alcoholic liquors. The patient should be kept as quiet as possible without a resort to vio- lent means of restraint. The progress of cerebral congestion can generally be kept under control by applying ice to the head ; and if the irritation of the digest- ive organs causes the stomach to reject food administered in the usual manner, the vital strength of the organism may be sustained by means of nutritive injec- tions. Experience has proved that it is not advisable to repress the attempts at muscular exertion altogether (as by the use of straight-jackets), but merely to guard the patient against serious injury, and allow him by the restlessness of his movements to bring on a sufficient degree of exhaustion to induce sleep. A short slumber obtained in that way, rather than by the use of narcotics, has nearly always a restorative effect; and by the law of periodicity, aided by such artifices as the temporary darkening" of the bed- room windows, drowsiness leading to more or less protracted sleep can be made to recur at certain hours of the day. After the partial subsidence of the more violent symptoms, the patient may be permitted to enjoy the occasional benefit of out-door exercise; but his diet should for at least a month be limited to semi- fluid, non-stimulating articles of food, such as rice-gruel with a little butter and sugar, pea-soup, milk porridge and soft- boiled eggs. Cooling applications to the head should be continued, and the ut- most care should be taken to guard the convalescent against the temptations of his besetting vice, as half an ounce of brandy is often sufficient to bring on a violent and frequently incurable relapse of delirium. Felix L. Oswald. Democratic Party. 1 — As a national organization the Democratic party has become the avowed and persevering op- ponent of Prohibitory legislation in the United States. Viewed broadly, it is rec- ognized as the special champion and pro- tector of the liquor interests. By a crit- ical examination of its tendencies and actions, the impartial observer discovers that this general verdict admits of local exceptions and certain qualifications ; but no discriminating estimate of the party's attitude and performances can be justly expressed in milder words. EARLY PERFORMANCES. The so-called rum power, as an organ- ized and aggressive factor in national politics, is a creation of the revenue leg- islation of the Civil War. The Prohib- itory and restrictive laws enacted in many States before the war period were obtain- ed with comparative ease, because the traffic was not then the disciplined and watchful foe that it has since become. In the absence of formidable organized resistance, the earnest demands for Pro- hibition by multitudes of the best citi- zens prompted political leaders of all parties to make concessions to agita- tors so reputable and so determined. The Democrats, in these years, mani- fested a generous inclination to incor- porate the Prohibitory principle (at least nominally) in the statutes of the country. The first Maine law (1S46) and the revived and strengthened Maine law of 1851 were passed by Democratic Legislatures. Other rude Prohibitory laws (those of Illinois, 1851 ; Minnesota, 1852; Miohigan, 1853; Ohio, 1854; Iowa, 1855; Indiana, 1855; Nebraska, 1855; Mississippi, 1855, and Texas, 1855), are to be credited to the Democrats. But even in that formative period the Demo- cratic party, in representative and critical struggles for Prohibition, gave indication 1 The editor is indebted to John A. Brooke, D.D., Kan- sas City, Mo. Democratic Party.] 149 [Democratic Party. of the vigorous pro-saloon policy that was subsequently to distinguish it. Among the most important Prohibition contests made before the war was that in the State of New York in 1854, resulting in the election of Myron H. Clark as Gov- ernor on a platform favoring Prohibition. In that campaign Horatio Seymour was the Democratic candidate, and he and his party were firmly opposed to Prohibition. The Democrats were responsible for the repeal of the Maine law in 1856, and for the practical destruction of the Adair law of Ohio in 1859. When the Prohibitory agitation was renewed after the issues of the war had been settled, the Democratic party espoused the cause of the opposition. Lacking power in most of the North- ern States, it yet played an influen- tial part in nurturing and directing the organized antagonism. Under the leadership of Tilden in New York, in the early 'seventies, it made a success- ful fight against Local Option and won so strong a support from the saloon ele- ment that the Republicans, in alarm, repudiated their pledges in order to divide with it the liquor vote. In Pennsylvania it became the undisguised representative of the liquor-dealers in their effort to repeal the Local Option law under which more than 40 counties of that State had voted for Prohibition in 1873. In Ohio it led the saloon forces in their assaults upon the Anti-License clause of the State Constitution. In Michigan, Massachu- setts, Rhode Island and other States its aggressions contributed to the annul- ment of the old Prohibitory laws. Du- ring the important decade of 1870-80, while yet the full strength of Prohi- bitionists and anti-Prohibitionists alike was undeveloped, the Democratic party, deliberately and in many cases without apparent provocation or induce- ment, laid the foundations for the sys- tematic operations of the future. UTTERANCES OF NATIONAL CONVENTIONS. The first distinct declaration against Prohibition by a Democratic National Convention was made in the centennial year of 1876 (June 28), when Samuel J. Tilden was nominated for the Presidency. The platform adopted by that Conven- tion contained the following words : ■■ In the absolute acquiescence to the will of the majority, the vital principle of republics; in the supremacy of the civil over the military authority ; in the total separation of the church and the State for the sake of civil and religious freedom; in the equality of all citizens before just laws of their own enactment; in the liberty of individual conduct unrexed by sumptuary laios; in the faithful education of the rising generation, that they may preserve, enjoy and transmit these best conditions of human happi- ness and hope, we behold the noblest products of a hundred years of changeful history ; but while upholding the bond of our Union and great charter of these our rights, it behooves a free people to practice also the eternal vigilance which is the price of liberty. . . . We de- nounce the policy which thus discards the lib- erty-loving German and tolerates a revival of the coolie trade in Mongolian women, imported for immoral purposes." The use of the word "sumptuary," while not recognized by impartial per- sons as legitimate in characterizing Pro- hibitory laws, is, when appearing in Democratic platforms, well understood by the public to have reference to liquor Prohibition alone. The next Democratic National Con- vention (June 24, 1880), which nominat- ed Gen. Winfield S. Hancock for Presi- dent, inserted in its platform the three words, " No sumptuary laws." The Na- tional Convention of 1884 (July 10) nom- inated Grover Cleveland for President and declared : " We oppose sumptuary laws which vex the citizen and interfere with individual liberty." In 1888 the Democratic National Convention (June 7), accepting the programme indicated by President Cleveland's policy, adopted a platform devoted almost exclusively to the tariff issue ; and no distinct utterance on the liquor question appeared in it. But the following words were construed as repeating the " anti-sumptuary " utter- ance: "The Democratic party of the United States, in National Convention assembled, renews the pledge of its fidel- ity to Democratic faith and reaffirms the platform adopted by its representatives in the Convention of 1884." This con- struction was afterwards sanctioned by Henry Watterson, Chairman of the Com- mittee on Resolutions, who wrote in a letter to Walter B. Hill of Macon, Ga, : "The platform of 1888 reaffirms all the platform of 1884, making a special inter- pretation of the tariff clause of the for- mer." And John G. Carlisle, Speaker of the House of Representatives, said in an interview in the Voice for June 14, Democratic Party.] 150 [Democratic Party. 1888 : " The Convention reaffirmed the platform of 1884. That platform con- tained an anti-sumptuary plank. The failure to speak definitely this time makes no change in the party. - ' 1 The record of the Democratic National Conventions is in harmony with that made by the party in Congress and the other branches of the Federal Govern- ment, both while in the ascendancy and while in the minority. (Ste United States Government and the Liquor Traffic.) In examining the course of the Demo- crats in the States it is requisite to view the States of the South and those of the North separately. attitude in the south. In the South the Democratic party is regarded as more friendly to the demands of the temperance people than the Re- publican party. The former embraces a very large majority of the native-born whites, and undoubtedly contains much the largest proportion of the better classes of the dominant race. With in- creasing ardor and emphasis these classes have insisted upon the enactment of Pro- hibitory measures. Reasons of public policy have also contributed to spread Prohibition feeling in the South; the experience of communities in that sec- tion where the saloon has been success- fully outlawed has invariably shown that Prohibition lessens crime, diminishes poverty and improvidence and prevents race conflicts. Again, the Democratic party's theory of government lays stress upon the right of each locality to admin- ister its own affairs with full freedom ; and a stubborn refusal to permit the peo- ple to exercise Prohibitory powers where strong sentiment exists, is manifestly not in accord with such a theory. In consequence of these and other influ- ences the Democratic party in the South has enacted a great deal of Local Op- tion legislation, many leaders of the party have exhibited pronounced sympathy for the principle of Prohibition, Democratic voters have established (or helped to establish) the policy over extensive areas, and Democratic officials have been com- pelled to respect public sentiment and enforce the laws. 2 (For particulars of the Local Option laws of the South and the extent to which Prohibition has been adopted under them, see Legislation and Local Option.) But in giving due credit to the Demo- cratic party for these results, its serious shortcomings must not be overlooked. Very little progress has been made in the South towards a homogeneous and com- prehensive Prohibition policy. No South- ern State has ever enacted a complete Prohibitory law with adequate enforce- ment provisions. In no Southern State has the Democratic party permitted its representatives in Conventions or Legisla- tures to champion State Prohibition. In the four States of the South — Texas, Tennessee, West Virginia and North Carolina/ — where Prohibitory Constitu- tional Amendments have been submitted to the people, the more influential man- agers of the Democratic party have en- tered into alliance with the liquor traffic to defeat the propositions. For this hos- tility to radical measures there is, per- haps, still less justification than for Re- publican hostility in the North : the social and political problems in the South are graver by far, and the solution of race and educational questions is confessedly interfered with in a most serious way by the influence of the liquor traffic. Be- sides, taking the South as a whole, the traffic is in no wise so threatening or so powerful there as in the North, and its ability to work mischief to the political party attacking it is not so great. The foreign-born whites in the South consti- tute but a comparatively insignificant element of the population. Conditions justifying aggression are, therefore, em- phatically more encouraging to the Dem- ocratic party in the South than to the Re- publican party in the North ; yet South- ern legislation against the liquor traffic is nowhere to be compared with that pre- vailing in the representative Prohibition States of the North. This difference is undoubtedly due to the tenaciousness with which the more positive Democrats cling to the doctrine of local self-govern- ment, oppose the tendency towards cen- 1 The Convention of 1888 was earnestly petitioned, by Southern temperance leaders, to repudiate the former op- position of the party to Prohibition legislation. The peti- tioners were shown no favor and little courtesy. 2 The results in the South, however (especially in re spect of enforcement), are imperfect and unsatisfactory in the same sense .that Local Option results are so in the North. Democratic Party.] 151 [Democratic Party. tralization and " paternal governments," maintain that the world is already " gov- erned too much," and advocate the ideas of individual responsibility and so-called " personal liberty." It is also worthy of consideration that the advocates of com- plete Prohibition in the South have not generally favored the Prohibition party method or pressed that method so ag- gressively as to endanger Democratic supremacy and thus wring concessions from the dominant party. It is true the party Prohibitionists have at times shown considerable activity in certain parts of the South, but they have not in many instances been strong enough to inspire the Democrats with alarm. The Democratic politicians of the South were not slow to perceive the value of the High License compromise, and High License laws have been established in several States of that section, the object being, as in the North, to satisfy moder- ate temperance people without extin- guishing the liquor traffic. ATTITUDE IN~ THE NORTH. Turning now to the Northern States, we find that in them the record of the Democratic party is a record of open and unremitted advocacy of the easiest terms for the saloon. This is true as a general statement, and more is to be said : since the Civil War the Democratic party in every State of the North has stood each year for the mildest form of liquor legis- lation desired by the traffic at large. We have already alluded to the deeds of the party in the decade 1870-80. In the ten years from 1880 to 1890, while polit- ical interest in the Prohibition movement steadily grew, the Democratic organiza- tions in every part of this section became more and more identified with the liquor traffic. In all the more important States that voted on Prohibitory Amendments in this period, the Democrats first opposed the right of the people to pass verdict upon the liquor traffic at the ballot-box, then openly and offensively opposed the Amendments in the electoral campaigns. It is true that in Oregon the Democratic party assented to submission and the Democratic counties of that State showed a larger proportionate vote for the Amendment than the Republican coun- ties; but Oregon forms the only excep- tion. In each State adopting Constitu- tional Prohibition — Kansas, Iowa, Maine, Rhode Island, South Dakota and North Dakota — the Democratic party refused to accept the will of the people and advo- cated a return to license and Local Op- tion. It is especially deserving of remark, however, that formal opposition by platform declaration was discontinued in Maine and Kansas after it became apparent to the Democratic leaders that the interests of the party would suffer by making ridiculous demands for license legislation in the teeth of overwhelming Prohibition sentiment. Of the States that obtained Prohibitory laws before the war, Vermont and New Hampshire are the only ones (excepting Maine) that have steadily maintained those laws on the statute-books. In both Vermont and New Hampshire the Dem- ocrats have perseveringly declared for the destruction of the Prohibitory acts. The Northern States in which the Democratic party is strongest and has been able more frequently than in the others to outvote the Republicans and control legislation — New York, New Jer- sey, Connecticut, Ohio, Indiana and Cal- ifornia — are the States where the loosest liquor systems prevail and where the wishes of the trade at large have been most respected. (Of course in making this comment we do not intimate that the pretended restrictive and High License legislation in other Northern States has by results proved more advantageous to real temperance interests than the milder systems of New York, New Jersey, etc. But this [so-called] stricter legislation represents concessions to a certain portion of the temperance element, and for that reason is possibly to be considered pro- gressive. In the Democratic or semi- Democratic States, on the other hand, even the spirit of concession has made but little headway, and public feeling has been shaped almost exclusively by the expressed desires of the majority of the rumsellers.) In New York the Demo- crats have championed the most infamous license measures, especially the one pro- posing the repeal of the Sunday law ; and bills advocated by representatives of very conservative temperance sentiment — bills having little or no real temperance value, but objectionable to the small retail liquor- dealers because higher license rates were Democratic Party.] 152 [Democratic Party. provided for in them, — have been repeat- edly vetoed by Governor Hill for the sole purpose of solidifying the rum vote for the Democratic party. The Democratic majorities in the State of New York are distinctively saloon majorities, procured by the great power of the Tammany Hall organization in the slums of New York City. In New Jersey Democratic party conditions are practically the same as in New York: Democratic Legisla- tures and Governors have consistently refused to enact even the mildest temper- ance bills, and the County Local Option law of 1888, obtained after years of labo- rious effort, was promptly rescinded by the next Democratic Legislature. In Connecticut, although the peculiar laws of the State (requiring candidates to receive majorities of all the votes cast, instead of mere pluralities) have pre- vented the Democrats from securing con- trol, their influence, in connection with that of the liquor Kepublicans, has been sufficient to check temperance progress. In Ohio the Democrats have since 1880 twice elected their State ticket and a ma- jority of the legislators (1883 and 1889), and each time their success was due in great measure to their exceedingly offen- sive bids for saloon support, and the lead- ership of especially active pro-liquor statesmen — Hoadly in 1888 (who was a liquor-dealers' attorney), and Campbell in 1889 (who was an attorney for the brewers and who, as Chairman of the Alcoholic Liquor Traffic Committee in the National House of Representatives, had killed every temperance bill that came before the Committee). In Indiana and California the Democrats, while not wholly responsible for the State Govern- .ment save at rare intervals, have always been very powerful and, acting with the controlling element of the Republican party, have made those States notorious for their practically unrestricted liquor traffic and their almost unrivalled stub- bornness in refusing Local Option priv- ileges. It is true that the Indiana Dem- ocrats have voluntarily taken a stand in recent years for higher license, and read- ily assisted to pass a higher license bill in the Legislature of 1889 ; and if they are entitled to credit for this action the preceding statement may be qualified accordingly. In the other States of the North the Democratic party has uniformly fought every effort for progressive (or supposedly progressive) temperance legislation since the lines as now existing were drawn. A thorough statement of the atti- tude of the Democrats in the various Northern States can be made in no way so satisfactorily as by summarizing the declarations of Democratic State plat- forms for several years. We find that in 1886 the Democratic Conventions in 11 Northern States (California, Connecti- cut, Illinois, Indiana, Kansas, Minnesota, Nebraska, New Hampshire, Ohio, Ver- mont and Wisconsin) opposed Prohibi- tion ; in nine Northern States (Colorado, Maine, Massachusetts, Michigan, Nevada, New Jersey, North Carolina, Pennsylva- nia and Rhode Island) they made no utter- ance on the temperance question ; in two Northern States (Indiana and Iowa) they advocated Local Option or High License; in one Northern State (Oregon) the sub- mission of a Prohibitory Amendment to the people was favored, and in one North- ern State (New York) there was no Dem- ocratic Convention held. The Northern Democratic State platforms for 1887 give the following showing: Silent, Massachusetts, Michigan, Pennsylvania and Rhode Island — 4 ; opposing Prohibi- tion, Iowa, Nebraska, New York and Ohio — 4; favoring High License or Lo- cal Option, Iowa and Nebraska — 2; in the other Northern States there were no Dem- ocratic Conventions. The record for 1888 is as follows: Silent, California, Colorado, Illinois, Massachusetts, Michi- gan, Minnesota, Nevada, New Jersey, Ohio, Oregon and Pennsylvania — 11; opposing Prohibition, Indiana, Iowa, Kansas, New Hampshire, New York, Rhode Island (1S89), Vermont and Wis- consin — 8 ; favoring High License or Lo- cal Option, Nebraska, New Hampshire, Rhode Island (1889) x and Vermont— 4; berating the Republican party for its ; behavior in dealing with the liquor issue without making any distinct expression as to matters of principle, Connecticut and Maine — 2. 2 In this analysis it will be seen that the Democrats have favored Local Option or High License in the States of New Hamp- 1 The Rhode Island utterance of 1889 is included because it, rather than silence, represents the true attitude of the party in that State in 1888. a Political Prohibitionist for 188", 1888 and 1889. Denmark.] 153 [Denmark. shire, Vermont, Rhode Island, Iowa, Ne- braska and Indiana. In the first four named States Prohibition was the law, and the Democrats, as a rum party, pro- posed the only alternative policy that public sentiment in those States was likely to tolerate; in Nebraska High License was indorsed because that policy was favored there by the unanimous con- sent of the men engaged in the traffic; in Indiana alone the declaration for High License was made under circumstances possibly entitling the party to credit for a progressive disposition, but the High License plank of 1886 in Indiana was a very tame one, simply advocating "a reasonable increase of the license tax," and making no reference to Local Option. The application of the foregoing review is exclusively to the Democratic party as an organization. Space does not permit a presentation in detail of the records and utterances of representative national and State leaders of the party. Inciden- tal allusions have been made, in this article and others (see especially Consti- tutional Prohibition and United States Government and the Liquor Traffic), to individual Democrats whose connection with events has been of much importance. No discussion of this sub- ject, however, should fail to give due recognition to the many courageous Dem- ocrats who have braved the prevailing sentiment of their party and supported the principle of Prohibition. Few names of Prohibition advocates are more famil- iar or respected than those of Senator A. H. Colquitt of Georgia, the late Henry W. Grady of the same State, Gen. Samuel F. Cary of Ohio and ex-Senator S. B. Maxey of Texas — all Democratic leaders of prominence. Other Democrats in and out of public life, representing every State of the TJrJon, have contributed and are contributing jealously and effectively to the promotion of the cause. The Pro- hibition party, the most radical wing of the Prohibition movement, has drawn many of its ablest leaders from the Dem- ocratic party, including the man remem- bered as the foremost of party Prohibi- tionists, John B. Finch. Denmark. 1 — This Kingdom, embrac- ing the small northern European penin- 1 The editor is indebted to M. J. Cramer of East Orange, N.J. sula of Jutland and a group of islands in the Baltic Sea, with an aggregate popu- lation of about 2,000,000, has been regarded as the most drunken of civilized nations. This view, as respects distilled liquors at least, seems to be confirmed by all reliable statistical estimates. (See Consumption of Liquors.) There is no doubt, however, that temperance senti- ment is increasing materially. The reports made at the annual meeting of the Den- mark Temperance Society in 1889 showed that there were then 19,814 members of that organization — 12,658 males and 7,156 females. It is claimed that the Good Templars have a membership of between 6,000 and 7,000 in Denmark; and Rev. Carl P. Eltzholtz, in a recent letter in the Union Signal, estimated the number of total abstainers in the Kingdom at 35,000. The Government makes appropriations of money to encourage the temperance organizations. A movement against spir- its began before 1840, being started by Dr. Robert Baird of Massachusetts. The Good Templar organization was founded in 1881. Besides the National Total Abstinence League there is an Association for Promoting Sobriety that has the co- operation of eminent men; and Sunday- closing and coffee-house movements are on foot, although most of the Danish coffee-houses sell beer. The richer classes of Denmark use wine freely. Beer is consumed by per- sons of all classes save the abstainers, and strong spirits are also popular. The quantities of distilled spirits pro- duced, imported and consumed in Den- mark for a series of years are given in our article on Consumption of Liquors. It is estimated that the annual production of beer is from 25,000,000 gallons up- wards. No Prohibitory or really re- strictive legislation has been enacted,- although the city of Copenhagen requires dramshops to close at midnight, prohibits the employment of barmaids and directs that liquor-sellers shall see that their ine- briated customers have free rides home or are carried to police stations in covered vehicles. No special license is required for the sale of liquors, but a small annual tax must be paid by each proprietor as a shop-keeper. Danish statistics credit about one-tenth of the accidents, an eighth of the lunacy, over a third of the pauperism and 76 per cent, of the arrests Dipsomania.] 154 [Distillation. to drink. Recently the Danish Medical Society has declared the injurious ten- dency of brandy and beer upon the human system. 1 A humane policy is pursued by the Danish Government in regulating the affairs of its dependencies in the Arctic waters. The commerce of Greenland is a Danish monopoly, made so, in part, to prevent the introduction of spirits. Ice- land, famous for the ruggedness and intelligence of her people, has no brew- eries or distilleries, but small quantities of wine, beer and whiskey are imported. Comparatively few of the people have the means to buy intoxicants, there is little drunkenness, crime is rare and the moral character of the inhabitants is good. In the Faroe Islands conditions are practi- cally the same as in Iceland. Santa Croix, the well-known Danish island of the West Indies, and other colonies of Denmark in that group, produce large quantities of sugar and molasses, from which the celebrated Santa Croix rum is distilled. The inhabitants consume but little of this liquor, most of it being ex- ported. There is no restriction on its production or sale, the Government en- couraging the industry for revenue rea- sons. Dipsomania, or the thirst mania; a term applied to the diseased condition of body and mind attendant upon an irre- sistible and insatiable thirst for alcoholic liquors. When the drinker is so inca- pable of controlling his appetite as to be habitually intemperate (whether period- ically or continuously so), he is described scientifically as a dipsomaniac, and it is for the drinker of this class that the ine- briate asylum exists. Direct Veto. — See Great Britain. Disciple Church. — The General Christian Missionary Convention, com- posed of delegates representing the " Dis- ciples " of all the States and Territories, was held in Louisville, Ky., October, 1889. The following resolution was unanimously adopted : " Resolved, That it is the mature conviction of the Christian workers of this Convention that the liquor traffic is one of the greatest hin- drances to the spread of the gospel, the purity of the churches and the material and moral 1 On the authority of' Joseph Malins of Manchester, Eng. welfare of the people: and as such it is our most sacred duty to oppose its deadly influence and to seek its entire suppression by such means as, in our judgment, may prove most effectual. " Distillation. — The process by which a liquid, after being confined in a closed vessel, heated and vaporized, and subse- quently reconverted to the fluid state in a colder connecting vessel or tube, is ob- tained in a purified form. If contami- nated water be placed in a retort and a degree of heat slightly above the boiling point of water be applied, the various impure elements, not being convertible into vapor at that comparatively low temperature, will remain as solids at the bottom of the retort ; while the escaping steam, passing to the mouth of the re- tort, will be condensed upon contact with the colder temperature and the resulting liquid will be a perfectly pure water. Water from which impurities are thus eliminated is called distilled water. Distillation as a commercial process is employed chiefly for obtaining alcoholic spirits. Any vegetable or animal sub- stance in passing through the stages of decomposition undergoes fermentation. When the so-called stage of vinous fer- mentation is reached, alcohol is generated. If the substance is grain (as barley) or fruit (as grapes), the liquid at this stage becomes beer or wine, in which the in- toxicating element of alcohol remains in a diluted form, the chief constituent of the solution being water. To concentrate the alcohol the mixture must be subjected to distillation. Alcohol boils at 173° F., and water at 212°; therefore under a heat between these points the alcohol is separated from the water and other in- gredients and passes off as vapor. The mixture is heated in a large copper boiler or still, to which is attached a long spiral tube or ''worm" surrounded by cold water. The cold condenses the alcohol vapor, which falls into a vessel placed to receive it. This first distillation is not a perfect success, for the affinity between alcohol and water is so strong that the two liquids are carried over in about equal parts, the compound being technically called " proof spirits." To obtain stronger alcohol distillation must be repeated three or four time"*, and even then from 10 to 20 per cent, of water commonly re- mains. The distilling process, when thus repeated, is called " rectification." Distillation.] 155 [Divorce. There seems to be but little doubt that the ancient Chinese understood and prac- ticed distillation many centuries before the Christian era. (See China.) The Chinese records relate that the discoverer (Iti) was disgraced, and that his name was held in loathing by subsequent gene- rations. To the rest of the civilized world distillation was unknown until the art was gradually introduced from Arabia, where it was discovered in the 11th Cen- tury A. D. by Albucasis, a chemist. Theoretically the more popular strong liquors of commerce are obtained by dis- tillation direct — brandy by distilling wine, whiskey and rum by distilling macerated grain, molasses, potatoes, etc. But in practice liquor is not always so de- rived. Eaw alcohol, highly concentrated, is used for its manufacture, the crude article being specially treated in order to produce special beverages — i. e., treated by adulteration or processes akin to that, the sole object being not to prepare an honest liquor but a marketable imitation. And in the eager desire to procure the maximum quantity of spirits from the minimum quantity of grain or other ma- terial used, the conditions governing the production of honest alcohol are overrid- den. The common beverage alcohol of commerce, known as ethylic alcohol, is only one of a family of alcohols, each member of which (with the one exception of methylic alcohol) is far more injurious to the health of man than the ethylic al- cohol. To separate these more dangerous alcohols from the material distilled higher temperatures are required : while ethylic alcohol is obtained at 173° P., the pro- duction of propylic alcohol requires 205 p , that of butylic alcohol 228°, and that of amylic alcohol (fusel oil) 270°. Propylic alcohol, the first of the three last-named, having a comparatively low boiling-point (below that of water) is separated in con- siderable quantities during the process of distillation. Though more deleterious than the ethylic, it is not so poisonous as the butylic or amylic, which having higher boiling-points need not be generated in very large amounts if the temperature is kept down and the distillation discon- tinued after the ethylic product has been evaporated. But in practice these butyl- ic and amylic corruptions are introduced into the distilled spirits by raising the temperature and continuing the heat; and instead of eliminating them by re- distillation, unscrupulous distillers simply neutralize their taste by chemical means. The effects of liquor in which these heav- ier alcohols are present are frightful. Their presence can be readily detected by a simple experiment. Let a quantity of the suspected spirits be placed in a vessel and ignited ; if a plate or glass, held over the flame, becomes discolored with a black deposit, it is to be concluded that the heavier alcohols exist in the liquor, for ethylic alcohol yields no such deposit when burned. Distilled Liquors.- LlQTJOES. -See Spirituous District of Columbia.— See In- dex. Divorce.— An exceedingly valuable statistical work on "Marriage and Di- vorce " was issued by the United States Department of Labor (Carroll D. Wright, Commissioner), in 1889. It is the result of special investigations inaugurated by the Divorce Eeform League, presents a digest of laws governing marriage and divorce, and gives statistics covering 20 years. These statistics show the number of divorces granted in that period in the various States of the Union, together with the causes. Taken as a whole, how- ever, unless considered in connection with various circumstances, the statistics of causes for divorce are of comparatively little value. That 20 per cent, of the di- vorces were granted for adultery, 38 for desertion, 16 for cruelty and only 4.2 for drunkenness proves little, since the con- dition of the statutes, facility of proof, and personal considerations have great influence in the determination of the al- leged causes. The connection of intemperance with divorce was made a special point in the study of 29,070 cases. The 4.2 per cent, given above is manifestly unreliable ; for in no less than nine States, including some of the most populous, intemperance is not a legal cause of divorce. But from 45 selected counties in 12 representative States, in all of which it is a cause, a far different result was obtained. Here out of 29,665 cases, "intemperance was a di- rect or indirect cause" in 5,966 or 20.1 per cent, of all examined, or 24.3 per cent, of the 24,586 in which a specific Divorce.] 156 [Dodge, William Earl. answer was given to the question con- cerning its presence. In one-sixth of the cases the facts were reported as unknown. But some remarks should be made here. 1. Th.e allegations of the libels often assert the existence of several causes, using any in which proof is thought possible. Sometimes, but more rarely, a real cause is omitted. Perhaps adultery most fre- quently comes under this latter class, and desertion doubtless covers many unnamed causes. But intemperance could hardly be made to appear in double the per cent, of the cases given, for it is doubtless used freely in most allegations. 2. Barely is a divorce, a crime or any other effect of a social evil, due to a single cause. Probably several causes contribute to a large part of divorces. We can only say, therefore, what the careful language of Mr. Wright implies, that intemperance appeared as a contributing cause in 20 or 24 per cent, of the divorces. This in- fluence may range all the way from the least appreciable amount to the dominant or even sole cause. In a word, here as elsewhere in social statistics, both the quantitative and qualitative analysis of the several and often complex causes must be made. As a coin by its mere size may be valued at 5 cents, but be worth 25 cents or $5 if its quality be con- sidered, so it is with statistical estimates of the causes of divorce or crime. Scien- tific statistics have just begun to treat these matters properly. Attention should be directed to the statistics of the report regarding intem- perance and divorce in certain States to guard against false conclusions. For ex- ample, divorces for drunkenness in Iowa were only 6.3 per cent, of the whole num- ber in the five years 1867-71, but became 8.8 percent, in the five years 1882-6. In Maine, where under the Divorce law of 1883 divorces decreased greatly, there were 23 for intemperance in the first five years and also 23 in the single year 1886. In Connecticut there were in the first five years only 65 divorces for intemperance out of a total of 2,314; but in the last five years there were 388 out of only 1,933. Now, no hasty conclusions re- garding Prohibition in the former States or Local Option in Connecticut should be drawn from these striking figures. Popular sympathy for the victims of drunken spouses may have led to the ut- most use of intemperance as a ground of divorce in Maine and Iowa; while a study of the Connecticut tables will show that since the repeal of the "omnibus" clause in 1878, and it became necessary to prove something more specific than general misconduct, the statutory cause of drunkenness has been made to do full service. There is still another side to this sub- ject : the relation of divorce to intemper- ance, suicide, sexual vices and industrial conditions, as well as to its effect on the individual, the family and society. Like every other social evil, divorce is at once both cause and effect. Unhappily, little material for exact knowledge is obtainable M. Kummer of the Swiss Bureau of Sta- tistics found that "the proportion of crime committed by divorced men is from eight to ten times greater than the general average." "The tendency to suicide on the part of men who have been divorced is more pronounced than that of widowers," says Bortellon. Morselli found more than five times as many sui- cides among the divorced of both sexes in Wiirtemburg as among the married, and more than six times as many among divorced men in Saxony. Further statistical study on the broad foundations laid by the remarkable re- port of Mr. Wright should be made. The occupation of divorced persons, their religion, vices, crime, local resi- dence, remarriage, repetition of divorces, the lapse of time between the dissolution of one marriage and the contracting of another, the effect on property and chil- dren, are all important sociological points and many of them are probably within the range of practical statistics. Uniform laws would remove many difficulties, though migration to obtain divorce cover a small part of the divorces of the coun- try. Both constitutional amendment and concurrent state legislation have been urged. New York has a commission in the interests of the latter. Should this prove inadequate, we can resort to the former with important gains. S. W. Dike. Doctors.— See Medicine. Dodge, William Earl — Born in Hartford, Conn., Sept. 4, 1805, and died in New York City, Feb. 9, 1883. His Dodge, William Earl.] 157 [Tougal], John. father removed to New York City in 1805, and William began his mercantile career there at the age of 13, working as a clerk for his father. When he reached manhood he engaged in the dry-goods business with a partner, on his own ac- count, under the firm name of Hunting- ton & Dodge. Three years later he mar- ried a daughter of Anson G-. Phelps, and in 1833 became a partner in the firm of Phelps, Dodge & Co. Mr. Dodge was one of the first directors of the Erie Eailroad, but resigned upon the refusal of the management to discontinue the Sunday traffic. For the same reason he severed his connection with the Jersey Central and with the Elevated Eailroad of New York City. During the 30 years of his connection with the Delaware, Lacka- wanna & Western Railroad no Sunday trains were run. He was one of the founders of the Mutual Life Insurance Company, was for three years Presi- dent of the New York Chamber of Commerce, and was a benefactor of Union Theological Seminary, a Manager of the American Bible Society and one of the originators of the Union League Club. He was among the strongest moneyed supporters of the Government in the Civil War, and was elected in 1866 a member of Congress. Appointed In- dian Commissioner by President Grant, he visited the Western Territories and made himself familiar with every phase of the Indian question. Throughout his life and by his will at his death, he gave most liberally to philanthropic enterprises. He was a friend of the negro and a generous benefactor of Lincoln University for col- ored men. He helped to establish in New York City a Christian Home for Intem- perate Men and a like institution for women. He was a total abstainer and his social eminence did not lead him to sacri- fice his principles. While a member of the House of Representatives he was a member of the Congressional Temperance Society. He was the personal friend of John B. Gough, and expressed his sym- pathy for Neal Dow in the struggle for Prohibition in Maine. At the fifth American Temperance Convention, held at Saratoga, N. Y., Aug. 1, 1865, it was proposed to form two temperance soci- eties, a National Society and a Publica- tion House. But the two were subse- quently merged in one, the National Tem- perance Society and Publication House, with headquarters in New York City, and Mr. Dodge was elected President of the organization, a position which he held continuously until his death. Mr. Dodge said in 1880: " Having watched the progress of the temper- ance reformation from its beginning, and the several crises which have from time to time se- cured fresh public attention and in each case carried the cause forward, I am now fully con- vinced that the next great battle is for Prohibi- tion. This principle of the suppression of the traffic by popular vote, either through Constitu- tional Amendments, State and national, or by local Prohibition, is the question which the friends of temperance in this country are bound to press until public sentiment shall secure the result. It is not claimed that Prohibition will prevent all intemperance; but it will go far towards it by removing the public temptation. The license system is the chief obstacle in the way. It gives a kind of legal respectability to the business. The time must come when no Christian can maintain his standing in the church who will manufacture, sell or use intoxi- cating drinks, or vote for any party favoring income from license to sell poison." Dougall, John. — Born in Paisley, Scotland, July 8, 1808, and died in New York City, Aug. 19, 1886. He received but a meagre school education, but he en- larged it greatly by general reading. In 1826, when 18 years old, he emigrated to Montreal, Canada, and entered the com- mission business. In 1832 he became a member of the Montreal Temperance Society. Under the preaching of Dr. Kirk of Boston, in 1838, he embraced religion, and in 1840, soon after his mar- riage, he joined a Congregational church. In addition to managing a large mercan- tile business Mr. Dougall for several years conducted the Canada Temperance Advo- cate, and in 1846 he started the Montreal Witness, which was published for ten years as a weekly, and afterwards was issued semi-weekly and later three times a week. In 1860 a daily edition was printed at a half-penny a copy, and although maintaining the religious character and temperance principles of the weekly, it attained a phenomenal circulation in a short time. Mr. Dougall believed daily papers of similar character could be suc- cessfully conducted in other cities, and he conferred with editors of religious weekly newspapers and talked to large gatherings on this subject. A gentleman of means encouraged him to start such a journal in New York City, and accordingly in 1871 Dow, Neal.] 158 [Dow, Neal. the New York Daily Witness was begun. But it was never self-sustaining, and in 1878, when it had almost acquired a pay- ing circulation, it was discontinued. The New York Weekly Witness, on the con- trary, was a great success almost from its first publication in 1872, although its ad- vocacy of the Prohibition party, in 1884, was made at a heavy sacrifice. In 1876 the Sabbath Reading was inaugurated and soon became successful; but Gems of Poetry, started in 1880, was abandoned after a few years. The Pioneer, estab- lished by Mr. Dougall in 1885, and de- voted exclusively to the advocacy of the principles of the Prohibition party, is one of the chief Prohibition papers. Dow, Neal, third candidate of the Prohibition party for President of the United States; born in Portland, Me., March 20, 1804. His father and mother were Quakers. He received his education in the Portland public schools, the Academy at Portland and the Friends' Academy at New Bedford, Mass. A total abstainer from his youth, at the age of 21 he became a member of the Maine Chari- table Mechanic Association and fought his first battle for temperance by oppos- ing the admission of a rumseller who had applied for membership in the Associa- tion. A protracted discussion ensued, finally resulting in the rejection of the applicant. Mr. Dow's labors have won for him the title of " Father of the Maine Law." He was identified more promi- nently than any other person with the movement that led to the passage of the first State Prohibitory law. Determined to arouse a public sentiment that should outlaw the drink traffic in Maine, he de- voted many years to canvassing the State. He sometimes secured two or three good speakers, and carried them with him on extended tours giving lectures, holding mass-meetings, and scattering temperance documents. Maine's Prohibitory act of 1846 was the first fruit of these efforts. This measure was not very effective from the fact that it made no adequate provis- ion for the punishment of law-breakers or for the seizure of liquors illegally held for sale; but under the inspiration of Mr. Dow's example the temperance advo- cates throughout the State continued the agitation to amend it. A Legislature pledged to Prohibition was finally chosen. Mr. Dow, at that time Mayor of Portland, drafted a bill that he believed would be effective. By its terms the manufacture, sale and keeping for sale of intoxicating liquors were forbidden; liquors kept for sale were to be seized, confiscated and destroyed ; no action could be maintained for the recovery of liquors thus confis- cated, and there could be no property in such liquors; cases arising under this act were to take precedence in the Courts over all others except cases where the persons on trial were actually in* waiting in con- finement; cases could not be continued for trial, nor could sentence be postponed, and action was to be immediate; the pen- alties of fine or imprisonment named in the act were invariably to be imposed on convicted persons, and were not to be lightened, directly or indirectly, by the Court ; liquors for medicinal purposes, or for use in manufactures or the arts, were to be sold by an agent especially ap- pointed in each town, who should have no pecuniary interest in the sales made; the act was to go into effect as soon as approved by the Governor. Mr. Dow submitted this bill to some of the leading temperance men of Portland, who de- clared it improbable that such a measure would be passed by the Legislature. He arrived in Augusta, the State capital, April 29, 1851 — two days before adjourn- ment. The next morning he requested the Speaker of the House to immediately appoint a committee to consider his bill, and to grant a hearing that afternoon. The request was granted both in the House and in the Senate. In the after- noon the Legislature adjourned to give him a hearing. The hall was crowded. He spoke for an hour and presented the bill. It was rushed to the printer (who, curiously enough, was a rumseller), and passed by a vote of 86 to 40 in the House and 18 to 10 in the Senate. Governor Hubbard, a Democrat, signed the act June 2, 1851, and Mr. Dow's bill became the famous Maine law. The interest in the new measure centered in Portland, the metropolis of the State, where Mr. Dow was Mayor. He quietly announced that the law would be enforced, and issued a proclamation allowing liquor-dealers a reasonable time to transport their goods to other States, but warning them not to sell in Portland. In a short time Port- land's saloons had ceased to exist, some of Druggists. 159 [Drunkenness. them being closed up and others converted into reputable places of business. Mr. Dow prepared quarterly reports on the workings of Prohibition, containing unanswerable proofs of the successful en- forcement of the law. In 1861 he re- cruited a regiment, the 13th Maine Volunteers, and entered the army. He was made a Brigadier-General by Presi- dent Lincoln in April, 1862, and was twice wounded in battle. He has visited England three times, delivering about 500 addresses under the auspices of the United Kingdom Alliance. As the can- didate of the Prohibition party for Presi- dent in 1880 he received 9,678 votes. Druggists. — The relations of the druggist's calling to the practical aspects of the drink question are of much im- portance. The prevailing practice of most physicians, who prescribe alcohol and alcoholic liquors to patients, makes it necessary for pharmacists to keep stocks of alcohol and the various popular bev- erages. Prohibitory laws, even the most stringent, have not discriminated against the privilege of physicians to so pre- scribe or the right of druggists to vend on physicians' prescriptions — indeed, all Pro- hibitory acts specially exempt alco- holic liquors used for "medicinal pur- poses." But- the disposition of unscrupu- lous physicians and druggists to abuse their powers is guarded against in such acts by restrictions and penalties more or less severe: in some cases, as in Kansas and the Dakotas, the 23harmacy features of the Prohibitory laws are ' so rigid that druggists cannot safely attempt frequent evasions in any community where there is a disposition to enforce legal provisions, violations subjecting the offending drug- gist to fine, imprisonment and depriva- tion for a number of years of his certifi- cate as a pharmacist. On the other hand the term " medicinal purposes " is capa- ble of being made to cover illegitimate sales, so long as the physician has full discretion; and a conscienceless druggist co-operating with a conscienceless physi- cian may, under favorable local conditions and for a while, at least, make his phar- macy business a mere cloak for catering to the drink appetite and amassing prof its. Experience under all Prohibitory systems has shown that the " drug-store saloon " is one of the chief obstacles in the way of complete success ; but under a rigid law like that of Kansas the difficulty is everywhere greatly lessened, and in communities where the officers of the law are faithful it can be and is entirely removed. Hearty co-operation has at times been given by reputable pharma- cists toward bringing offenders to justice ; but the general attitude of the pharmacy trade is not everywhere so satisfactory as is to be desired — in fact, pharmacists fre- quently complain bitterly against rigid restrictions, and in certain instances have become identified with the anti-Prohibi- tion element. The responsibility for drug-store viola- tions rests, in the main, upon the medi- cal profession, and is especially charge- able to the general belief that alcoholic liquors are essentials of the pharmaco- poeia. There is, however, a growing opin- ion among scientists that even if alcohol has a necessary place in medical practice there is no necessity for prescribing any of the alcoholic beverages of commerce. If this opinion were generally recognized and pure alcohol instead of the fascinat- ing beverages were prescribed in all cases where alcoholic prescription is deemed advisable, the temptation to pharmacists that is incidental to Prohibitory laws would practically disappear ; for the de- mand for pure alcohol as a beverage is at present so insignificant as not to be taken into account. In the license States the sale of alco- holic liquors by druggists is, generally speaking, practically unrestricted. In addition to the annual fee of 825 charged by the United States Govern- ment, druggists pay in some States a nominal local fee (for example, SI per year in Massachusetts) required by State law. Several of the representative Local Option States provide special pharmacy regulations for Prohibitory districts. But sales of liquor by the drink are, as a rule, permitted with but slight restric- tions. Prominent drug-stores in all the great license cities have an extensive pat- ronage from persons who never enter saloons and would consider it compro- mising to take their drams over an ordi- nary bar. [For legislative provisions concerning drug- gists in the various States, see Legislation.] Drunkenness. — For particulars of the influence exercised by various legis- Dutch Reformed Church.] 160 [Edgar, John. lative systems toward increasing or dimin- ishing drunkenness, see High License and Pkohibition, Benefits of. Dutch Reformed Church. — No action on Prohibition was taken by the General Synod of this church in 1888 or 1889. The latest deliverance was made at Catskill, N. Y., June, 1887, the follow- ing resolutions being adopted : '* 1. That this Synod reiterates the deliverance of former Synods on the subject of temperance, and urges increased interest and zeal throughout the denomination in gospel temperance work. '*2. Th;it we especially and heartily sympa- thize with the work of the W. C. T. U., andbid the Union God-speed in the noble effort to res- cue men from the curse of strong drink." Edgar, John. — Born in Ballynahinch, Ireland, in 1798; died in Belfast, Ireland, Aug. 20, 1866. His father was a Presby- terian clergyman in Ballynahinch, and for many years was in charge of the academy from which the son graduated. The young man finished his college course at Glasgow University and studied theology in Belfast, where in 1820 he was ordained pastor of a " mission" church. His energy and power as a preacher rap- idly built up his church, but eventually he resigned its pastorate to fill the chair of Systematic The:logy in the Presbyterian Theological College at Belfast. Upon the union of the two branches of the Presbyterian Church in Ireland in 1840, Dr. Edgar was made Divinity Professor of the united church. In 1842 he became Moderator of the General Assem- bly and succeeded in securing a fund for the establishment of Christian institu- tions in Southern and Western Ireland. During the potato famine of 1846 he labored zealously for the relief of the peo- ple, raising money for the starving, intro- ducing industrial schools for the training of the youth, sending out missionaries and inciting to benevolence among the gentry. In temperance work he was one of the most conspicuous persons of his time in Great Britain, and he was the father of the reform in Ireland, the first temperance organization in that country having had its origin in a letter written by him and published in the Belfast News-Letter, Aug. 14, 1829. Six days later a society was formed at New Eoss in County Wexford. A second letter was published in the News-Letter, Sept. 4 and 11, and afterwards was issued as a tract. In his second letter, speaking of the first one, he said that "a number of con- temporary journals have cheerfully pub- lished my communication on behalf of temperance, and many men of rank and position of the first eminence are hearty in the matter." On Sept. 24, at Belfast, the Ulster Temperance Society was organ- ized, Dr. Edgar being one of the original six signers of the constitution. In Oc- tober, 1829, he preached the first of a series of temperance sermons in the Meth- odist Chapel, Donegal Square, Belfast, and by the close of the year 25 temper- ance societies had been founded in Ire- land, with a total membership of 800. In 1829 he issued " An Address to the Temperate " (Dublin), while " The In- toxicating Drinks of the Hebrews" (Belfast, 1837), and "Scriptural Tem- perance " (Belfast, 1837), were his contri- butions to the Bible Wines controversy. He also introduced Dr. Lyman Beecher's " Six Sermons on Intemperance " to the British public. His usefulness in the later development of temperance reform in Great Britain was, however, seriously interfered with by his opposition to the total abstinence movement and to Father Mathew's remarkable pledge-signing cru- sade in Ireland. "Scriptural Temper- ance " and his " Limitations of Liberty " were written expressly to combat the agi- tation for total abstinence, and while they could not turn back the popukr tide they served to rob their author of sympathy and active participation in the new phase of the reform almost until his death. He wished to limit temperance efforts to opposition to the spirit traffic, and in 1847 made final strenuous efforts to carry back the agitation in Ireland to this basis, but without success. Toward the close of his life he became reconciled to the change in sentiment, if not its pronounced advo- cate, and in 1855, as Moderator, signed an Address on Temperance, from the Committee of the Irish Presbyterian As- sembly, unquestionably prepared by him- self, in which total abstinence from all intoxicating liquors was favored. Again in 1861 he published a paper on the " Kelation between Temperance and the Eeligious Kevival," in which he mani- fested a disposition to tolerate and com- mend the total abstinence movement^ Educational Laws.] 161 [Epilepsy. Educational Laws. — See Legisla- tion and Scientific Temperance Ed- ucational Laws. Edwards, Justin. — Born in West- hampton, Mass., April 25, 1787, and died in Bath Alum, Va., July 23, 1853. He graduated from Williams College in 1810. He became pastor of the Congregational Church at Andover, Mass., in 1812, and remained in charge for 15 years. In 1828 he was appointed pastor of the Salem street church of Boston, but he resigned in 1829 to become General Sec- retary of the American Temperance So- ciety which he served for seven years, delivering addresses, organizing branch societies, and preparing his six reports of the Society from 1831 to 1836, which were afterwards published in a volume entitled " The Permanent American Temperance Documents." Dr. Dawson Burns characterizes Dr. Edwards as " beyond all question the ablest organizer and promoter of the original temperance movement in America." (" Temperance History," vol. 1, p. 368.) The formation of " The American Society for the Pro- motion of Temperance," at Boston on Eeb. 13, 1826, marks the beginning of organized effort against liquor-drinking, and Dr. Edwards was foremost among the founders of this Society. During the previous year he had written a widely- circulated tract on the " Well-Ccnducted Farm," in which he described the suc- cessful experiment of a farmer who pro- hibited the use of spirits on his farm in spite of the well-nigh universal custom. The radical position taken from the first by the doctor and his colleagues in the American Temperance Society is shown by the declaration, made a part of the constitution in 1826, that the principal object of the temperance movement was not the reformation of the intemperate, however desirable that might be, but the prevention of intemperance. During his career as Corresponding Secretary and General Agent of this Society Dr. Ed- wards inaugurated a temperance move- ment in Washington which spread to Congress and resulted in establishing the Congressional Temperance Society; and on Aug. 31, 1830, he delivered the first temperance address in St. John's, New Brunswick, leading to the formation of the St. John's Temperance Society, one of the earliest in Canada. After his resignation he was for six years President of Andover Theological Seminary. From 1842 until 1849 he labored for Sabbath observance as zealously as he had for temperance. Of four tracts (two, of them on temperance) written by him and pub- lished by the American Tract Society, more than 750,000 copies were printed up to 1857. They are entitled: the "Well-Conducted Farm ;"" On the Traffic in Ardent Spirits;" "Joy in Heaven Over One Sinner that Kepenteth," and " The Way to be Saved." Of his •' Tem- perance Manual" 193,625 copies, and of his "Sabbath Manual" 583,544 copies were distributed. He prepared a com- mentary on the Bible, unfinished at the time of his death, which included all of the New and a part of the Old Testament. Effects of Alcohol. — See Alcohol, Effects of. Effects of High License. High License. — See Effects of Prohibition. — See Pro- hibition, Benefits of. Egypt.— See Africa. England. — See Great Britain. Epilepsy. — This fearful disease is one of the maladies to which the excessive drinker is subject. It is most frequent among absinthe drinkers. "This [alco- holic] epilepsy," says Dr. B. W. Bichard- son, is " essentially characteristic. . . . The seizure usually occurs at first in the night and during sleep, and may not be distinguished by the sufferer himself from one of the many old attacks of what he prob- ably calls night-mare. In time his friends become acquainted with the fact of the seizure or some evidence is left of it in the form of bruise or bitten tongue. Still later the attack occurs in the daytime, and then the precise nature of the disease is declared. In its early stages alcoholic epilepsy is comparatively easy of cure. It is cured sometimes spontaneously by simple total abstinence from alcohol. In its later stages it is, however, as incurable as any other type of this serious and in- tractable malady." 1 1 Diseases of Modern Life (New York, 1884), pp. 365-6. Equal Suffrage.] 162 [Equal Suffrage. Equal Suffrage. * - Only a few years ago I bitterly opposed Woman Suffrage. A wealthy widow, whose guest I was, said to me one election day : " Sir, do you think justice is done woman when my two gardeners, who have no property, are foreign-born and can scarcely speak English, have gone to the polls to vote for what, if carried, will add $500 to my taxes, and will place saloons along the pathway of my two boys, while I, who pay more taxes than any man in this county and am trying to raise my boys to be good and useful citizens, have no voice concerning what shall tax my property or affect the welfare of my children ? " Prom that moment my views commenced changing and the sentiment of right which lies at the bottom of every con- science set up a leavening process. Old truths had new meanings. " Taxation without representation is tyranny " — wo- men are taxed. " This is a Government of the people, by the people, and for the people "- women are people. " Govern- ments derive their just powers from the consent of the governed " — women are among the governed. " The depths of society are woman's depths — its heights should be her heights." " The wrongs of society are woman's wrongs — its rights should be her rights." Is it right that native-born women, with finest gifts of mind and graces of character, who have inherited the purest principles of government, guarded the country's patriotism and helped to raise its revenues, should be disfranchised, while foreign-born men, ignorant of our language and laws and regardless of morals, can express themselves in the strongest sense of citizenship ? In a land where " liberty " is the watchword, is it right that woman should be a slave to laws which tax her, try her, imprison her and hang her, without any voice as to the justice of these laws or the character of the men elected to enforce them ? The perpetuity of the Republic depends upon the virtue and intelligence of its people. Have men all the virtue ? Do women fill the saloons and gambling-houses, and crowd the street corners, polluting the 1 Since the three contributions embraced under this bead are wholly controversial, the editor disclaims responsibil- ity for all the opinions expressed. The appearance of such articles in this work is justified by the prominence given to certain aspects of the Woman Suffrage discussion * in connection with the Prohibition movement. air with oaths, obscenities, and tobacco- smoke ? Do men fill the churches and gather the children about the home altars ? What about intelligence ? Do men possess all of this saving element ? The record of our high schools tell us that two girls graduate for one boy. Then if upon virtue and intelligence depends the perpetuity of the Republic, and women have the preponderance of these saving influences, why withhold from them a share in the political life of the nation ? Some say the ballot would soon lower the high standard of woman's excellence. If woman's excellence is the result of her disfranchisement, then the ballot is deg- radation per se, and man should also be disfranchised that he may be elevated. Woman's excellence is not the result of disfranchisement but of the spiritual forces of her nature. The belief that enfranchisement would degrade woman is but another of the apprehensions which always meet radical ch nges. Henry Clay said immediate emancipation would, result in the burning of Southern homes and dire disaster. Abraham Lincoln Siiid in substance the same. " It won't work " has met every scientific invention, every radical reform. Within the past century hundreds of new fields have been opened to woman; let objectors name one where womanhood has been degraded, or one that has not been benefited and blessed by the touch of her influence, whether social, industrial, intellectual or political. Many, prompted by a desire for wo- man's welfare, say: " It would be degrad- ing to woman to have her enter the dirty pool of politics." That which has to do with the safety, morality and prosperity of the people ought not 1 to be a " dirty pool." If it is, the sooner the cleansing power of woman's ballot is felt the better for the country. It will not be the first time she has had cleansing work to do. For centuries she has been cleaning dirty pools of tobacco spit, dirty floors, clothes and characters, and going through haunts of vice to reclaim her loved lost ones; and since she must endure the conse- quences of the " dirty pool " of politics, she should be allowed to turn the " dirty pool " into a crystal spring that its pure flow may give her purer associations. That this pool be cleaned is as much a domestic necessity as house-cleaning, and Equal Suffrage.] 163 [Equal Suffrage. domestic purity demands the most potent means for the cleansing work. A sensible woman cannot appreciate the encomiums which on the fourth day of July place her but a little lower than the angels, when she knows that on election day she is classed with paupers, idiots and criminals. It is also said : " Woman cannot devote sufficient time to a study of political questions to justify her having the bal- lot." The time she consumes in talking to her neighbor about the style of new bonnets would enable her to become as well posted on tariff as the average farmer, while her quickness of perception and moral sense would enable her to reach a knowledge of general questions at least equal to that possessed by the average voter who has about attained perfection, in the opinion of political leaders, when he votes the old party ticket, no matter what the platform or who the candidate. The objection made by the politicians of Washington Territory, when women secured the ballot there, was this : " Wo- man is impracticable ; she will not stick to party." But the record of her ballot shows that she did stick to principle. A leading journal of that Territory said: "The result of the late election shows that all parties must put up good men if they expect success." That there are bad women who will join bad men at the ballot-box may be true; but the propor- tion of bad is not so great among women as men, therefore advantage instead of harm will result. The probable influence of Woman Suf- frage upon the temperance reform can be no better indicated than by the following words of the Brewers' Congress held in Chicago, October, 1881 : " Resolved, That we oppose always and everywhere the ballot in the hands of woman, for woman's vote is the last hope of the Prohi- bitionists." Reading between the lines, this means also that woman's ballot is the death-knell of the liquor traffic. When the liquor- dealers and gamblers secured a decision adverse to woman's ballot from Judge Nash of Washington Territory they lit bonfires and rang bells, for it meant a loose rein to such as they. When in Rock- i'ord, 111., a few years ago two boxes were prepared for a test of the sentiment of both sexes on the license question, the one containing the votes of men favored license, while the one containing the votes of women showed out of 2,000 votes only four for license, and into that box went the votes of Irish, Germans and Scandinavians, as well as of native- born women. Ex-Governor Hoyc of Wyoming, where women have had the ballot for 20 years, says : " Woman Suf- frage gives us better laws, better officers, better institutions, better morals and a higher social condition. J. W. King- man, ex-Judge of Wyoming, said : " Wo- men make themselves felt at the polls as they do everywhere in society by an effectual discountenancing of the bad and a helping hand for the good and the t true." In Kansas, enforcement of Pro- hibition was a failure in many places un- til municipal suffrage was conferred upon women, when at the first discharge of this pent-up moral power the saloon bat- teries of Kansas were silenced and a new emphasis was given to God's truth, " It is not good for man to be alone." The principle of equal suffrage has been recognized in the platform of the Prohibition party since the first National Convention, and both principle and policy demand that it shall remain there. That the party should have but one idea is absurd; that it should have but one leading issue is right, and does not affect the Suffrage plank. No party ever goes before the country with only one idea, and yet never but one real issue absorbs the public thought. The Republican party had a number of planks in its plat- form "of 1888, but protection was its rallying cry. The Democratic party had as many planks in its platform, but tariff reform was its shibboleth. The Prohibi- tion party had an equal number of planks, but Prohibition was its watch- word. Of all the hundreds of speeches made by Prohibitionists in the campaign of 1888, in every one Prohibition was the all-absorbing theme. No one proposes to make any other the leading issue. Miss Willard's "tandem team" with Prohibition in the lead, is advocated by every Suffragist in the party. The plat- form adopted at the last National Con- vention in Indianapolis, June, 1888, de- clares Prohibition to be " the dominant issue," and extends full fellowship in the party to all "who on this dominant issue are agreed." We are told that a party is not needed Equal Suffrage.] 1G4 [Equal Suffrage. to secure equal suffrage — that it must come through education, agitation and petitioning. What is more educating and agitating than a political party on questions to be decided by politicians ? What party should help on the education and agitation? That party which expects the benefit of woman's ballot when it is secured; that party which needs most woman's ballot to enforce its principles. Since the Prohibition party is the only party that can claim woman's ballot as its rightful inheritance, let us be careful not to sell it for a mess of pottage — the immediate control of a few votes.. While no other issue can take the place of Prohibition, we will need woman's ballot when the day of enforcement comes, and to keep it within reach is the part of policy as well as principle; for the speed of our progress is not so great a question as our ability to hold the land when it has come into our possession. To enforce Prohibition in our large cities anew saving force must be injected into our politics; and it does not exist out- side of our women. If this comes not by the golden rule, alarming necessity will yet make it a war measure. The day will come when the Prohibi- tion party will need woman's ballot to secure enforcement of its purpose. The day will never come when old parties can adopt new great principles anymore than could ,new wine go into old bottles. So what we already possess as a saving grace -let us keep, and what we must finally have, in larger measure, let us cultivate, assured that the evolution in woman's rights will bring to woman the ballot. As out of the idea that a man of brain and heart and conscience is as good as any other man, though that man of brain and heart and conscience be a beggar and that other man a king, came this Eepublic; so out of the idea that a being of brain and heart and conscience is as good as any other being, though that being of brain and heart and conscience be a woman, and that other being a man, will come equal suffrage. The danger that this policy will heap upon the South female colored ignorance is met by the platform of the Prohibition party, which declares that •' mental and moral qualification for the exercise of an intelligent ballot" ought to be the condition for male and female, and that the several States ought to decide the educational basis. This policy would place the ballot, North and South, East and West, upon that basis on which experienced men and historians make dependent the perpetuity of a Ee- public — virtue and intelligence. George W. Bain. Suffrage is the outward expression of the inward sense of self-protection and self-preservation. Suffrage is, therefore, a natural right ; it comes of God and can- not be denied one-half the race by the other half without unwarranted usurpa- tion of power. Suffrage is an expressed opinion upon matters vital to the life, liberty and happiness of the individual; without it no expression can be had upon the laws that affect person or prop- erty, and tbe persons thus denied are subject to the whims, caprices and impo- sitions of those who make and administer the laws, The man or woman has never been born, and doubtless never will be, who is sufficiently just and Christian to be trusted with unlimited power over any other human being. Self -protection is, therefore, the only kind of protection to be trusted in the many emergencies of life. All government is a usurpation except that which is based upon the consent of the governed. Suffrage is the instrument through which this consent is secured. Opponents of equal suffrage may urge, upon the broad grounds taken in the foregoing assertions, tnat children, idiots and criminals should be vested with the privilege of suffrage. The parent has a right, inherent with parentage, to repre- sent and protect the child because of its inexperience and undeveloped mind; the idiot is irresponsible; the criminal is dangerous and has, therefore, forfeited his right to suffrage as a penalty for his misdeeds. None of these things — urged against child, idiot or criminal suffrage- can be justly urged against suffrage by the intelligent women. Women have a right to suffrage upon the same grounds that men have, and the Declaration of Independence stands as a monument to male usurpation of power which thwarts the existence and ends of a true Eepublic, until women shall vote. To declare " that all men are created equal; that they are endowed by their Creator with certain unalienable rights; Equal Suffrage.] 165 [Equal Suffrage. that among these are life, liberty and the pursuit of happiness ; that to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed," and then to deny one-half the people governed the power of consenting, is inconsistent. One who believes in a government by the people must grant women suffrage or deny that women are " people." The opponent may urge that the stability of laws rests upon the power of enforcement, that back of the ballot is brute force and the bullet, and that the physical power of women is too limited to enforce their will power. Let it be remembered that if women cannot defend so they cannot attack; also, that it is as great a service to government to go down into the valley and shadow of death to give birth to a son and then rear him to manhood, as it is to go out upon the field of battle and shoot him. In short, no objection can be urged against Woman Suffrage which, if carried to its logical conclusion, will not compel the objector to give up every declaration and principle upon which the Republic is founded, and disfranchise men. There- fore I conclude that ours is not a true Kepublic until women are allowed to vote, since natural right and justice de- mand that they exercise the elective franchise as freely and on the same terms as do men. It is not my purpose to claim that by nature one sex is superior to the other in brain or moral power; but I am com- pelled to acknowledge that unequal social laws have made the women the superiors of men in intelligence, sobriety, loyalty and virtue. Reliable statistics show that there is a much higher percentage of educated women than of educated men. It is then expedient that women vote, for by this means only can laws reflect the highest degree of intelligence pos- sessed by the people. There is but one drunken woman to every thousand drunk- en men; therefore the sober judgment of our citizens can be best secured by al- lowing clear-brained women at the polls. There is but one criminal woman to twelve criminal men ; therefore the law- abiding, virtuous element of womanhood could so far outweigh and control the vicious and dangerous men who now vote, that every sentiment of patriotism demands the intelligence, sobriety and virtue of women at the ballot-box, as a balance of power. History teaches that cities control the politics of nations, and through corrup- tion of municipalities governments have been overthrown. American cities are at the present time controlled by the spawn of the saloon. There is but one reserve force upon which the Government can call to rescue the politics of the nation from the clutches of the vicious elements of society, namely, Woman Suffrage. It has all other responsible elements enfran- chised. The three vices of the cities — the brothel, the gambling-den and the saloon — are the great enemies of the child and the home. Against these ene- mies the very nature of women is pitted in all the strength of their love for off- spring and home. Prohibitory legisla- tion will never prohibit, as it should, any or all of these vices, without the enforc- ing ballot of the great undeceased but unrecorded constituency in American politics, women. The lesson taught in Kansas, where women exercise municipal suffrage, is of unspeakable value and con- firms the claim that Woman Suffrage is the great moral force that makes Prohibi- tion prohibit. The demoralizing influence of an in- justice is reflex, demoralizing the perpe- trators of such injustice. The slave of the South scarcely suffered more than the slaveholder and his descendants. Denying the mother-instinct of the nation expres- sion, and the development that comes to the elector from the exercise of suffrage, has filled 'our almshouses, jails, asylums and penitentiaries with the waifs of so- ciety. Noble men stand appalled before the great crowd of indigent; and if in their search for remedial agencies they recognize that the tenderness of women, linked with the strength of men in legis- lation, is as necessary as the union of these two agencies in the home and so- ciety, the State will no longer suffer the fearful penalties of half-orphanage. Be- side the breadwinners will stand the home- makers, each clothed with full power to supplement the other and solve the prob- lem of life for the greatest good to the greatest number. The penalties of pov- erty, vice and crime upon us teach that suffrage needs women far more than women need suffrage. Equal Suffrage.] 166 [Equal Suffrage. The political party that pledges to legislate in the moral interests of the people must be supported by the moral force of women if it is to meet with suc- cess. The Prohibition party is the only one in existence, at the present time, which presents in its platform a single moral principle. The other political parties struggle alone for office, greed and gain. The life and success of the Prohibition party depend upon the enfranchisement of women. The public sentiment which demands this party has grown from the organized and persistent efforts of the Woman's Christian Temperance Union. The issues of the one are the issues of the other. It is, therefore, not only just that the Prohibition party declare and labor for Woman Suffrage, it is also ex- pedient, as it is always expedient to act justly and do right. Time never fails to crown such acts with victory and honor. AVoman Suffrage is the logical sequence of the Declaration of Independence and the Bill of Rights. Human liberty v. class rale is in the evolution of govern- ments. Suffrage, the exponent of liberty, has already passed through the several class qualifications of orthodoxy, property and color in this country, and is now preparing to leave behind the last rem- nant of such legislation indicated by sex suffrage. Helen M. Gougae. Three leading questions must be con- sidered : 1. Is Woman Suffrage in itself desir- able ? 2. If secured, would it assist the cause of Prohibition ? 3. Assuming that it is desirable in it- self, and that it would assist the cause of Prohibition, should it be advocated by the Prohibition party ? To the first question I must reply, Probably not. The question has never been before the public in such a form as to elicit any thorough discussion. The advocates of suffrage have dealt largely in assumptions and ad captandwm, vulgus arguments, and its opponents have relied upon the instinctive judgment of the community rather than upon clearly-de- fined reasons. It is probably better for all concerned that one-half the citizens, and the most esteemed and honored half, should stand aloof from common political strife, constituting a moral reserve whose influence, unselfish and unbiased, will be brought in to turn the scale in all im- portant crises. The fact that many changes in woman's position have been effected without bringing the evils which were predicted, does not prove that suf- frage would be a safe experiment. The boy cried "Wolf! wolf!" many times when there was no wolf there, but at last, when people had grown indifferent to the cry of alarm, the wolf actually came. To the second question I must answer, Only slightly and temporarily. It is a great confession of weakness to assume that Prohibition cannot be carried as other reforms have been by manhood suffrage, and that the basis of suffrage must be changed in order to force it through. Conservative minds would hesitate to have Prohibition enacted be- fore a majority of men are enlisted in its favor. The impression of female senti- ment on the temperance question which one gathers in a Woman's Christian Temperance Union Convention is scarcely representative of the community at large. Foreign women, negro women, fashion- able women, business women and thought- less women must all be reckoned with. In general, wherever we find a man who sustains the saloon, directly or indirectly, we may be sure there is somewhere a wo- man — the female of his species— to match him. The principal reason which operates in the mind of good men to pre- vent their political action against the liquor traffic, is their attachment to some political party. While women do not vote they are largely free from this in- fluence. When the suffrage was first conferred many women might join a new party in the interests of temperance, but as soon as women became fully enlisted in the race for office and the effort to " beat " their opponents, they would be- come as party-blind as the good deacons of the old parties to-day. There seems to be no reason to doubt that if women were placed in the same position in which men are, they would act as men do. To the third question I have a more positive answer. Granting that Woman Suffrage is desirable in itself, and that it would assist the cause of temperance if secured, it is still certain that the Pro- hibition party ought not to advocate it. The linking together of two great meas- Equal Suffrage.] 167 [Ethics of License. ures is sure to hinder the passage of both. This is capable of mathematical demonstration. Let there be 3,000 voters in a township. It is proposed to build a new bridge, and it is also proposed to build a new school-house. Naturally some who favor one of these measures will oppose the other. If the two measures are sub- mitted together, so that a man cannot vote for one without also voting for the other, neither of them can be carried un- til there is a majority favorable to both. Yet each could be carried separately long before that time. There will be a time in the progress of discussion when 1,000 voters will favor the bridge and oppose the schoolhouse, another 1,000 will favor the schoolhouse and oppose the bridge, and the remaining 1,000 will favor both. Submit both propositions together and you are defeated by a two- thirds vote. Submit either of them separately and you win by a two-thirds vote. In such a case we should submit the two questions separately - not as a matter of policy but as a matter of prin- ciple. It is the o^ly way in which the people can be enabled to express their true convictions. If an ardent advocate of the schoolhouse should say, " I will not allow these things to be separated ; if anybody wants the bridge he has got to vote for the schoolhouse too," he would be guilty of a political immorality. This is what is commonly called a " rider " — one measure linked to another so that the person who desires the one must vote for the other against his will. This is the position which the Suffragists take in the Prohibition party to-day. They make suffrage a rider. They say, " The plat- form, the speakers, the machinery of the Prohibition party shall be used for suf- frage also, so that no one can help the party without helping suffrage. If any man wants to help the Prohibition party he has got to help the cause of Woman Suffrage whether he believes in it or not." This policy is particularly odious at a time when they are urging their fellow- citizens to drop all subordinate questions and unite upon the one issue of Prohibi- tion. They ask the tariff men and the anti-tariff men to drop that question and attend to temperance. They exhort all other citizens to drop or defer their pet schemes for the sake of crushing the sa- loon, and yet insist upon lugging in their own hobby which is the greatest weight of all. They cannot claim to be working for suffrage in the interests of Prohibi- tion because they cannot get suffrage until they already have a majority of men. This is the one sufficient reason for the twenty years' failure of the party. Like the Irishman's pig, " it is little, but it is old." The independent men who are ready to leave the old parties refuse to join a third party which insists upon violating their consciences by such a yoke as this. When the Suffrage plank was dropped in Ohio in 1885 the Prohibi- tion vote rose from 11,000 to 28,000; but after four years of toil, with the suf- frage millstone again upon its neck, the party cannot record a single foot of pro- gress. The suspicion arises that the managers of the party do not expect to win voters and at last carry the country, but simply to carry on a miscellaneous agi- tation — playing at politics. In conclusion, it is well to refer to the compromise of the Hon. John M. Olin, which was rejected under such remark- able circumstances at the Indianapolis Convention of 1888. He reminded the Suffragists that the question was purely a constitutional one, and that the only party action which is possible in the case is to submit a Constitutional Amend- ment. This the non-Suffragists, for the sake of peace, were willing to do. _ The compromise was rejected, and yet it re- mains true that if Woman Suffrage is ever secured it must be secured in this way. William G. Frost. Ether. — See Chloral. Ethics of License. — We are not now concerned with the supposed merits of license as a repressive measure, whether or not it is better than "free whiskey" or practically more effective than legal Prohibition. AVe propose to ask whether in the court of pure ethics it can stand the test of moral law. It is, as has been alleged by very high author- ity, "vicious in principle." If so, the moral man will discard all its claims to recognition, no matter by what numbers urged or by what plausible arguments supported. His principle is not " Do evil that good may come." He will not choose to abate the consequences of one Ethics of License.] 168 [Ethics of License. sin by committing another. In morals he will not listen to a proposition to choose the lesser of two evils. Between physical evils he may be glad to choose the lesser, but in morals he knows of no liberty to choose whether he shall offend God and his conscience and do evil to his neigh- bor by a greater or less sin. All talk to him about '■ a half loaf " as " better than no bread " sounds like the suggestion of the devil to make bread out of stones. He wants no half loaf tainted with death. His answer to all is, " The wages of sin is death." If he can believe that the liquor traffic " can never be legalized with- out sin," he wants no license, though it fill his coffers with money, though it re- duce the number of saloons from thous- ands to units, and even if it should in any exceptional case show diminished arrests. He meets every proposition to license sin with the one unalterable imperative,. " Thou shalt not." But is the licensing of the saloon an evil always and everywhere ? To get at a correct answer it is well to ask and answer several other questions : 1. What is the saloon ? The inquiry is not after some ideal in- stitution possibly conducted in obedience to a very strict and technically exact li- cense law, but the actual saloon as we have it and know it everywhere, that running sore on the body politic, that moral cancer on the conscience of the nation, that remorseless enemy of man- kind which, according to Gladstone, hopelessly ruins more that is dear to humanity than the three curses of war, famine and pestilence. Shall we dignify such a curse as that into a legitimate in- dustry by the solemn sanctions of law ? 2. What is license ? Many who favor it, answer : " It is a tax which implies no endorsement and gives no sanction. It is rather a stigma upon a bad business. Its real object is to burden, cripple and limit a great and, at present, ineradicable evil." The object of moral reformers who advocate license is thus declared to be to impose such burdens on the accursed traffic as to de- stroy its profitableness, and thus to destroy the traffic. They can scarcely excuse the radical Prohibitionists for attempting the impossible and not at once falling in with them in what they claim to be the im- mediately effective and only practical method of destroying the drink curse. When met with the accusation of licens- ing sin, they reply that to call the tax on saloons a license is a misnomer. What, then, is a tax ? What is a license ? And wherein d o they differ ? A tax is a sum or levy imposed upon the members' of society to defray its expenses. A govern- ment taxes its subjects when it demands money of them for its support. A license, on the contrary, is the granting of per- mission or authority to do what it would otherwise be unlawful to do. A tax re- quires something to be given — a license allows something to be done. A tax is for the community — a license is for the individual. A tax is a burden to be borne — a license is a privilege to be en- joyed. Moreover, the fee upon the li- censed traffic constitutes a valid contract between the party issuing the license and the licensee, and makes both sharers in the gains and moral character of the business. This point was put with great force and justness by Hon. John Sher- man of Ohio, in his celebrated speech in Columbus in 1882, on this very subject of taxing and licensing the liquor traffic : " I cannot see how you can have a tax law without its operating as a license law," said he ; "a license is a legal grant ; a tax on a trade or occupation implies a permission to follow that trade or occupa- tion. We do not tax a crime. We pro- hibit and punish it. We do not share in the profits of a larceny; but by a tax we do share in the profits of liquor-selling, and therefore allow or license it." The Senator's argument furnishes these three propositions : (1) The licens- ing of the traffic proceeds upon the theory that the business is not criminal, or ethically wrong, but legitimate and proper. (2) To tax the traffic is to license, protect and justify it. (3) To license it is to become a party to the business with all its social and moral con- ; sequences. This is done by the State. But what is the State ? In a republic it is the aggregate citizenship. The act of the State licensing the liquor traffic is therefore the act of all who lend their in- fluence and authority in favor of the legislation by which this is accomplished. This, again, is done by voting for and supporting men and parties that avow the principle of license. If the traffic is sinful then the legalizing of it is the Ethics of License.] 169 [Evangelical Church. same. Therefore those who frame this iniquity into a law, together with all who vote or petition or otherwise work for or approve it, are sinners in that degree. This conclusion is so unwelcome and so contrary to popular thought that it will be contested from various points of view. Some will object to it because it omits the factor of necessity. " We must remember," it is said, " that society does not exist in an ideal state. Evil is here. We must confront and deal with it as a practical reality. We have to do not with a theory but a condition, and we must make the best of it. The tares are al- ready among the wheat. We cannot root them out. Both must grow together till the harvest. All we can do is to watch that no more be sown, and by all proper devices seek to repress and limit the pro- ductiveness of those now here and thus suffer as few of the consequences as pos- sible." This is plausible, but it is un- sound and utterly vicious. Not only is the drink evil here, but all those other sins which are met by uncompromising Prohibition. The arguments made for licensing the liquor traffic have just as much fitness and force for the licensing of any other violation of God's law. In- deed, it has often been suggested that since the social evil is well-nigh universal and is fraught with untold consequences of evil, often to the innocent and un- offending, society ought to be protected as far as possible by some system of license and regulation. And if the saloon, • why not the brothel ? Others object to our conclusion be- cause it is said to leave out the fact that it is as much our duty to limit the evils which we cannot remove as to destroy those which we can. Otherwise we dare not do anything until we can do every- thing. Of 40 saloons it is better to de- stroy 20 than to leave the 40. That de- pends on what is done with the other 20. If the one-half are sacrificed only in such a way as to secure legal protection for the rest, then it is better to have the 40 un- shielded than the 20 legalized. Forty mad-dogs on the streets are worse than 20. But it is better to let 40 take the chances of their necks, unpro- tected, than to have bands on the necks of 20, which say to the public, " Hands off ! These mad-dogs are licensed." Will it be said that these are taxed to pay part of the damage done to the community for the privilege of spreading hydro- phobia ? Good men, neither drunk nor having hydrophobia, have been actually heard urging this plea for the saloon tax. The inevitable dilemma into which the advocates of license are brought is this : They must either defend the saloon against the charge that it is immoral, or confess that they are willing to license immorality. But most men who make any pretensions to morality — not to say decency — draw back from the first and blush to confess the second. And yet a very large number of those who have gone on record in conferences, synods, assemblies and otherwise, against the saloon as utterly vicious, and have loaded it down with their unsparing condemna- tion, are among the stanchest advocates of license. How is this ? Consistency demands a change. They ought either to show that the saloon is not necessarily an evil, or refuse to license it. Joel Swartz. Evangelical Adventist Church. — This denomination is represented na- tionally by the annual meeting of the American Millennial Association. J. E. Ballou, the Recording Secretary, writes : '■'The American Millennial Association has taken no action of late on the tem- perance or liquor question." Evangelical Charch. — For more than 60 years the Evangelical Associa- tion has had in its Discipline total ab- stinence and Prohibitory clauses. The last General Conference, held in Buffalo, N. Y., September, 1887, declared it to be the duty of Christians '"' To faithfully co-operate with all proper movements in the use of agencies and methods as their judgment and conscience may direct, having for their end the enlightenment of the nublic on the evils of intemper- ance, the instruction of the children and youth, the reformation of the inebriate and the restriction and Prohibition of the liquor traffic." The following declara- tion was added : " Inasmuch as the use of tobacco and various preparations of opium has t>2Come lamentably- prevalent, so that 1hese. besides being in them- selves iniurious to health and a waste of money almost equal to that of the liquor traffic, are, by competent authority, declared to have the effect to awaken and foster desire for stimulants, Excise.] 170 [Farmers. and thereby to work in the interest of intem- perance ; we urge upon all, by all the considera- tions which witness against intemperance, to discountenance the habitual use of such, both by precept and example." Excise- — A name originally applied to laws levying taxes on any species of home-made goods. In England Excise laws date from the 17th Century, when, under the Commonwealth, revenues were drawn from domestic products to defray the heavy expenses of the Government. The alcoholic liquor traffic was the chief source of the Excise revenue from the beginning, and gradually the Excise sys- tem became peculiarly and almost exclu- sively a system of liquor taxation. The term Excise duties in England is identical with the term Internal Revenue taxes in the United States, meaning duties laid and collected by the National Govern- ment; and in the same sense it is used in the British colonies. Very little of the liquor legislation in the United States is distinctively called Excise legislation; the terms license and tax take the place of the old English term Excise. Some State laws — notably the New York laws — are, however, popularly called Excise measures. Exports. — See Imports and Ex- ports. Farmer s. — The anti-liquor move- ment has always been strongest in the rural sections. The farmers, compelled by circumstances to practice frugality and self-restraint in a sense unknown or known but imperfectly to laborers in the cities, readily grasp the strong points of the economic arguments against the saloon and manifest comparatively little favor for the plausible pro-saloon argu- ments that have so much weight with a very large element of the urban popula- tion. Living in isolated spots, often re- moved by miles from towns and hamlets, the farmers are not subject to the tempta- tions that daily and nightly beset the. occupants of city tenements; they do not regard the saloon as a club-house but as an institution which can be pationized by them, their sons or their laborers only at a great expense of time and money, and that works demoralization without yielding even the apparent advantage of social satisfaction. REPRESENTATIVE UTTERANCES. The organizations and newspapers 1 of the farmers oppose the liquor tralfic with practical unanimity and great earnest- ness. Indeed, the farmers' organizations rank with the churches and the special temperance societies as supporters of the Prohibition cause. The representa- tive associations of farmers in the United States are the National Farmers' Alliance and Laborers' Union, and the National Grange. The first-named, in convention at St. Louis, December, 1889, adopted a platform in which was the following plank : '■ Resolved. That we are opposed to the liquor traffic in all its forms " Previously to the St. Louis Convention, the National Farmers' Alliance and the Farmers' and Laborers' Union were two distinct organizations, the former having its chief strength in the North and the latter representing the agricultural classes of the South. The National Farmers' Alliance has been steadfast in opposition to the saloon. At a conven- tion held at Des Moines, la., Jan. 11, 1889, it declared : " Resolved, That we recommend the pass- age of such laws by the National Government as will prohibit the manufacture and sale of all intoxicating beverages within the borders of the United States under severe penalty." And the convention of the National Farmers' Alliance for 1888 made the fol- lowing utterance : " Resolved, That we demand such legisla- tion in regard to the liquor traffic as will pre- vent that business from increasing our taxes, endangering the morals of our children and destroying the usefulness of our citizens." The National Grange exhibits equal antagonism to the liquor traffic. At its annual Convention for 1889, held at Sacramento, Cal. (Nov. 13), Master J. H. Brigham (head of the organization) said in his address : "Every influence of our Order, financial and intellectual, fraternal and moral, is opposed to the traffic in intoxicating liquor Unsuccessful efforts have been made during the year to adopt Amendments prohibiting its manufacture and sale in several States. The failures of the year should teach us the great impor anoe of con- centrating the influence of those who are op- posed to the traffic." 1 Characteristic opinions from representative farmers 1 organs may be found in the Voice for May 1 and July 10, 1S90. Farmers.] 171 [Farmers. The following are specimen declara- tions of State organizations of farmers : Ohio State Farmers' Alliance. February, 1890: " Whereas. The traffic in intoxicating drink is now as it ever has been the eternal memy of good government, the home and mankind ; acd " Whereas. The farmers are largely the suf- ferers from th ■ traffic on account of having the heavy burden cf taxes to pay in prosecuting crime, and in maintaining jails, penitentiaries and poor houses; and " Whereas, No evil has ever been abolished by selling it ihe right to exist, and the saloon is a place that every e'ecent citizen is ashamed to defend ; therefore be it "Resolved By the Farmers' Alliance of the State of Ohio, that the liquor traffic is an enemy to the home, to society, to church and to State, and that the time has come when Christian people and all lovers of good govern- ment should cease to be indifferent and unite tiieir efforts for the suppression of the evil." Nebraska State Horticultural Society, at Lincoln, Jan. 16, 1890: 'Resolved. That inasmuch as the State Legislature has submitted the question of license or Prohibition of the liquor traffic, to be settled at the next State election, and that arguments will be made claiming that Prohibition will be detrimental to the horticulturists, we therefore at this meet- ing of the Nebraska State Horticultural Society heartily endorse the principle of Prohibition and favor its adoption in the State Constitution as against license, wi.hout regard to party affiliation 3." [Unanimously adopted.] Iowa State Grange, at Dcs Moines, Dec. 12, 1889: "Resolved, By this State Grange, that we are unalterably opposed to the traffic in al- coholic and intoxicating drinks as a beverage, and demand of the coming session of the State Legislature no receding from our present Pro- hibitory laws, but make them stronger for en- forcing them in all parts of our noble Stale." Colorado State Grange at Denver, Jan. 16, 1890: " Whereas Over $1000,000 000 is an- nually squandered in the drink traffic of our nation ; and " Whereas, It is the cause of seven-tenths of the crime and pauperism of our land ; therefore, be it " Resolved, That the Colorado State Grange, now assembled, declare in favor of the Prohibi- tion of the liquor traffic, both in the State and nation." RELATION TO PROHIBITION SUCCESSES. With this strong sentiment prevailing among the farmers, it has naturally been easier to secure majorities for Prohibition in the rural districts than in the cities. A study of returns of Constitutional Prohibition and Local Option elections shows, with but few exceptions, an over- whelming preponderance of favorable sentiment in agricultural counties. For example, the memorable campaign for Constitutional Prohibition in Pennsyl- vania in 1889, though made under condi- tions remarkably disadvantageous to the Prohibitionists and resulting in an ag- gregate majority of 188,027 against Pro- hibition, would have been won by the Prohibitionists if the votes of eight counties containing large cities had been eliminated; the other 59 counties of the State (in which the agricultural element predominated) showed a Prohibition tendency strong enough to have given Prohibitory law to the whole of Pennsyl- vania if the vote of the eight leading urban counties had been equally divided for and against Prohibition. This rural sentiment has made Prohibition States of Maine, Kansas, Iowa, Vermont, New Hampshire, South Dakota and North Dakota, and has secured local Prohibition in more than 100 of the 137 counties of Georgia, in four-fifths of the country towns of Massachusetts, in nearly the whole of Tennessee, in a great number of the counties of whiskey-making Ken- tucky, etc. In rare instances the farmers have treated the Prohibition question with iudifference or even with apparent hostility — notably in Texas, where the Prohibitory Amendment had a propor- tionately larger following in the cities than in the country, and in Oregon and Washington, where the balance of opinion among the farmers- seemed to be against Constitutional Prohibition. But these results were due to special causes, and there is every reason to believe that a proper presentation of Prohibition argu- ments to the farmers under tolerably favorable conditions will invariably be followed by large Prohibition majorities. THE FARMERS AND THE LIQUOR MANU- FACTURERS. Emphatic as is the general feeling of the agricultural masses against the saloon, their attitude would be much more ag- gressive were it not for the direct pecuni- ary interest that many of them have, or are persuaded they have, in the continu- ance of the manufacturing branches of the -liquor traffic. The distillers, brewers and vintners must obtain their vegetable materials — their barley, rye, corn, hops, grapes, etc — from the farms. Several agricultural industries, especially the hop-growing, barley-growing and wine- grape-producing industries, are dependent almost entirely upon the manufacturers Farmers.! 172 [Farmers. of alcoholic liquors. These manufacturers take pains to make it known to individu- al farmers that their patronage will be given only to persons opposed to Prohibi- tion. Many farmers are thus made to believe that their prosperity is promoted by the liquor-makers' demand for their products. But this is a fallacious belief. The articles of agricultural production that are essential to the liquor traffic are, generally speaking, no more profitable to the farmer than are crops raised for other purposes exclusively. Indeed, counted in the aggregate, the sums paid to the farmers by brewers, distillers, etc., con- stitute but an insignificant proportion of the value of farm produce. The follow- ing is a statistical demonstration : * MATERIALS USED IN THE MANUFACTURE OF DISTILLED LIQOORS. (D rtl« Li. . ^ ^ bos" ^STs-o p O <~t S h-. & ° ? O r+° = ,er a o "cr 1 ^ fc, 3 O QffQ §*afe| H»ie ^ p CD P H,P CO •s ° =° r p < 3 S-.2 rt- p*~ ^ JS ffo B 3 2. « o » ='< 2 2 ass, a p p » o>3 %"•' B » -3 ° esos is ; ,cr jo £j- ' H lj=t 5-S •^ -' -f Co 33 ■i&&t cc "j: co - » ■-"-' as l~i O tO tO *- -3 t* •?'°5- 00 >-+ CO COCO osqoctod 41 *l en 109 < b » s £ 3 3.§> O P rj £2g 88 2 » El £W ^ Q> 3 ^^ 0)00 COCD-t 388 P-E p p 1 For tlie largest part of this demonstration we are in- debted to the Voice for May 29, 1890, although we have eliminated or changed certain features of the Voice's esti- mates. In the above table the quantities of materials used in the manufacture of liquors are taken from the report of the Internal Revenue De- partment for the year ending June 30, 1889. Comparison is made with the total quantities, average prices and total values for the wh6le country of the same materials — except molasses, — as furnished to Hon. Roger Q. Mills by the statistician of the Agricultural Department, and quoted by Mr. Mills on page 4,552 of the Con- gressional Record [1890]. MATERIALS USED IN THE MANUFACTURE OF MALT LIQUORS. The Internal Revenue Department is careful not to give the quantities of materials used in ,the manufacture of malt liquors, as it does of those used in the production of distilled liquors. It is necessary therefore to make independent estimates. The chief ingredients of honest beer are malt and hops. It is agreed by all authorities that not more than two bushels of malt goes to a bar- rel of ordinary beer. The average weight of a brewer's bushel of malt is not in excess of 38 lbs. On the basis of these figures the malt consumed in producing the 25,119 853 barrels of beer manufactured in the United States in 1889, and the total sum paid by the brewers for the malt, would be: Malt 50,23'j,706 bushels at 36.8c. per bushel (see tabic above)=$18,487,214.81. It is not so easy to estimate the quantity of hops Practical brewers, when confidentially consulted, will generally admit that not less than 2 lbs. of hops should go to a barrel. Dr.. Francis Wyatt, , Director of the National Brewers' Academy in New York in a statement to a reporter for the Voice, said that 2 lbs. is the average quantity required to produce a barrel of good beer. 2 This is a very moderate estimate compared with the ones made in authoritative essays on brewing. For example, the author of the "Encyclopaedia Brittanica" article, " Brewing " (S. A. Wyllie, himself a prominent and experienced brewer), says: " For strong store ales from 10 lbs. to 13 lbs. of good hops to every quarter of malt is not too much; whilst for ordinary beers, to be drunk within two months, from 6 lbs. to 9 lbs. per quarter should suffice. India pale ale and bitter beer require from 18 lbs. to 25 lbs. per quarter." And in the article on " Brewing " in the " Globe Encyclopaedia," the following statement is made: " For each quarter of malt A\^ lbs. of hopB are required in ordinary beer; for superior ales 8 lbs. aie employed, and as high as from 14 lbs. to 20 lbs. for export beer." Since four " quarters " of malt go to a barrel, the reader will readily sev that the estimate of 2 lbs. of hops per barrel is very much beneath the quantity specified by writers on ideal en- cyclopaedia beer. The great difference illus- trates the extensive character of . the adultera- tions practised in the brewing " industry " But even assuming that 2 lbs. per barrel is the requisite proportion, the total quantity of hops available in the United States falls far short of supplying an average of 2 lbs. for each barrel of beer manufactured. In 1880 there were 13,347,110 barrels of beer produced, re- 2 The Voice, May 9, 1889, and Aug. 14, 1890. Farmers.] 173 [Farmers. quiring (on the above basis) 26,694,220 lbs. of hops. The entire hop crop of that year was 26,- 546,3781bs , towhich add 497.243 lbs. imported, giving a total of 26,953,621 lbs. , from which subtract 9,001 128 lbs. exported, leaving a total of 17 952,493 lbs. of hops available in that year as against 26,694,220 lbs. needed to produce 13,317,110 barrels of beer on the basis of 2 lbs. of hops to the barrel. Therefore the quantity actually used is far below the amount legitimately needed; and the proof of this truth deserves the attention of those farmers who are accustomed to regard liquor manufacturers as among their liberal patrons. Coming now to determine the amount of hops of American production at present bought an- nually by the brewers, we find that there are no official statistics of the hop crop of 1889 ; but it is estimated on reputable authority at 36,000,- 000 lbs.' On the same authority the average price per pound in 1889 is put at 18 to 18f cents. Reckoning the average price at 18^ cents, the total cost would be Hops, 30,000,000 lb6. at 18>s;c.=$6,36O,0O0. This is certainly a very liberal valuation ; the report of the Commissioner of Agriculture for 1887 gives only S3 500,000 as the total value of hops grown in 1886. MATERIALS USED IN THE MANUFACTURE OF VINOUS LIQUORS. There are no offi< ial figures from which the total sum paid to farmers by wine-makers can be accurately computed. The annual wine product of the United States is about 30,OC0,OCO gallons, valued (to the consumer) at about $2 per gallon; but the value of domestic wines at first hand is put by the Commissioner of Agri- culture in his report for 1887 at cnly $10,000,000. By far the largest proportion of the wine-grape product is raised under the immediate auspices of the wine-makers ; and besides, the 30,000,000 gallons stands for extensive adulterations. If $2,500,C00 is indicated as the sum paid annually by wine-manufacturers to persons who may legitimately be classed with the farming ele- ment, the estimate will probably be so much in excess of the actual amount as to include not merely the value of grapes but the values of apples, pears, berries and all other agricultural products used in the manufacture of liquors not accounted for above. SUMMARY. The table printed below, summarizing quan- tities and values, shows that the liquor manu- facturers pay to the farmers less than 3 per cent, of the total value of the materials named. But grain, molasses, hops, grapes, etc., constitute only a portion of the agricultural produce. The aggregate value of the entire output of the agricultural interests of the United States is now about £4.500,000 000 annually; 2 so that the aggregate amount paid by liquor manufacturers for farm products in 1889 (#35 000,000 in round i " Tariff Eeform " documents (New York), vol. 3, No. 7. 2 Computed from the reports of the Department of Agriculture. numbers) was less than seven and eight-tenths one-thousandths (.0078) of the whole value of the goods that the farmers had to dispose of in that year. In other words, if the annual income of the average farmer be si500, only $3.90 of this in- come is derived from the liquor manufacturers, making the most generous possible allowances ; and this $3.90 represents total receipts, not profits. H o X ft a e CO 5" 3 & c Tl o 3 a § k s e. PROFIT AND LOSS. The immediate and complete destruc- tion of every manufacturing branch of the liquor traffic would in the aggregate, therefore, not perceptibly diminish the value of farm products, even temporarily. No permanent injury worth consid- ering could be effected, for land de- voted to the cultivation of barley, hops, wine-grapes, etc., can at any time be ad- vantageously put to other uses. On the other hand, the farmer bears his full share of the losses to society oc- casioned by the liquor traffic. The direct cost represented by the actual cash ex- penditures for alcoholic drink is esti- mated by no one to be less now than •,000,000 per annum 3 in the United 3 See footnote, p. 138. Farmers.] 174 [Fermentation. States: and probably it is nearer $1,000,- 000,000 per annum than this figure. (See Cost of the Drink Traffic.) The in- direct cost, occasioned by expenditures on account of taxes, crime, pauperism, etc., due to the drink traffic, and by loss of time, health, wages, etc., is believed by every careful student of tl e subject to be fully as great as the direct cost. Therefore the entire direct and indirect cost to the people of the United States because of the existence of this traffic ranges from $1,600,000,000 to $2,000,- 000,000 or more per annum. In 1880 (according to the Census) more than 40 per cent, of all persons engaged in gain- ful occupations were connected with ag- ricultural pursuits. It cannot be safely assumed that 40 per cent, of the cost of the drink traffic is therefore borne by the farmers, for the farmers are certainly more temperate than most other classes. But most people will admit that if it is estimated that not less than 20 per cent, of this cost falls directly or indirectly upon the farmers, the estimate will be low. Twenty per cent, of $1,600,000,000 (the lowest possible estimate of the ag- gregate direct and indirect cost of the liquor traffic per annum) is $320,000,000 — the farmers' share (on the basis of an extremely conservative calculation) of the annual expenditure in the United States for supporting a traffic, which, at the utmost, pays the farmers but $35,000,- 000 for the grain, hops, molasses, grapes, etc., consumed in its manufacturing branches. On the basis of this ex- ceedingly conservative estimate the farmer pays more than $9 to support the drink traffic for every dollar that he receives from it ; and when it is consid- ered that the $9 paid out is clear loss for which absolutely nothing of value comes back, while the dollar received is not clear gain but represents simply the sum paid by the liquor manufacturers in exchange for the farmers' commodities and labor — when also fair allowance is made for the too conservative methods of calculation that we have employed, it will readily be granted that the farmer's profit and loss in his account with the liquor traf- fic may more reasonably be supposed to stand in the ratio of $1 to $20 than $1 to $9. But this is not all. The extinction of the whole liquor business would indis- putably benefit every legitimate produc- ing interest. The $800,000,000 or $1,000,- 000,000 now expended directly each year in the United States for intoxicating drink would then be applied to other purposes. Of course a very large proportion of it would behoarded by individuals, deposited in savings-banks, etc. ; but a great propor- tion would be used for buying necessaries of life for the poverty-stricken families of drinkers. However large this proportion would be — whether one-balf, two-thirds or a larger or smaller percentage of the entire $800,000,000 or $1,000,000,000 now wasted for liquor, — immense sums would necessarily be added to those now expended for the' farmer's products. Besides enabling the farmer to save what he is now forced to spend for the support of the liquor traffic and its criminals, paupers, Courts, jails, etc., Prohibition would increase the market for his goods and swell his receipts. Fermentation. — The chemical phe- nomenon presented by the so-called spon- taneous decomposition of organic mat- ter. Any organic substance, acted on by water, air and warmth — especially when macerated so as to facilitate the decay of its particles — soon begins to bubble or effervesce; its chemical composition changes, gas escapes and new substances are formed. There are several stages and varieties of fermentation : the sach- arine, by which starch is converted into sugar; the vinous, changing sugar into alcohol; the acetic, transforming alcohol into acetic acid or vinegar, and the pu- trefactive, converting nitrogenous or- ganic matter into putrid substances. A strictly scientific discussion of fermenta- tion, its complex chemical aspects and the various theories advanced by differ- ent investigators, does not fall within the scope of this work. Vinous fermentation is the representa- tive stage. Any newly-extracted fruit juice — as of grapes, apples, pears, etc. — will, if left exposed to the air, gradually , begin to ferment. Bubbles appear on the surface, caused by the generation of car- bonic acid gas. The escape of this gas is accompanied by the accumulation of a scum or yeast, which increases while the ebullition in the liquid becomes more active. When finally the ebullition ceases the work of vinous fermentation is com- Fermentation.] [Finch., John Bird. pleted, the yeast is deposited at the bot- tom and the liquid has lost its sweetish taste and innocuous qualities and becomes an alcoholic and intoxicating liquor. The change is due to the conversion of the grape-sugar of the fresh juice, by chemical action, into carbonic acid gas and alcohol. This change is indicated with substantial correctness by the fol- lowing formula : 6 H l2 O 6 = 2CO, + 2C,H 6 0. Grape-sugar, Carbonic Acid. Alcohol. The decomposition of the grape-sugar into these elements is brought about by the chemical action of the yeast slowly gene- rated in the natural process of fermenta- tion; hence if a quantity of yeast be thrown into the fermenting liquor the fermentation will be greatly accelerated. To produce the vinous fermentation and obtain an alcoholic decoction, it is neces- sary that the substance to be fermented shalL (1) contain a sufficient percentage of grape-sugar; (2) shall contain water to dissolve the grape-sugar; (3) shall be under a temperature not too low or too high to arrest fermentation — preferably a tem'perature of from 68° to 75° F. ; (4) shall be capable of generating a suffi- cient quantity of yeast, and (5) shall be exposed to the air. Substances weak in sugar or in constituents capable of con- version into sugar yield but little alcohol. Cereals containing large percentages of starch, by special treatment become rich in sugar, the starch being transformed into grape-sugar by a species of fermen- tation; and thus cereals are equally avail- able with fruits for the production of in- toxicating liquors -in fact are used to a much greater extent, because their culti- vation on a large scale is comparatively easier and because the beverages made from th^m are relatively cheaper. Since the oxygen of the air is an indis- pensable element of successful vinous fer- mentation, freshly-expressed juices can be preserved in the unfermented form by placing them in carefully sealed vessels. The sealing process is essential to the pres- ervation of "unfermented wine." The successful preservation of canned fruits is due to the same circumstance — the ex- clusion of the air. After the completion of the vinous fer- mentation the alcoholic product is guard- ed against further chemical change by storing it in closed barrels, bottles, etc., to which the air does not have access. Con- tin ued exposure of wine, cider, etc., to the air would gradually cause its conversion, under the influence of another fermenta- tion, into vinegar. This is true, however^ of fermented liquors only: being com- paratively weak in alcohol they are readily oxidized. A wine, no matter how fine, or a beer, however carefully prepared, will become sour, flat and wholly unpalatable if left unsealed for any considerable length of time. Distilled spirits, however, being strong in alcohol are not easily changed by oxygen, although under certain processes (with suitable conditions of temperature) pure alcohol can be oxidized into vinegar, and in practice much of the vinegar of commerce is made from alcohol direct. Fermented Liquors, — See Malt Liquors and Vinous Liquors. Finch, John Bird —Born in Linck- laen, N. Y., March 17, 1852, and died in Boston, Mass., Oct. 3, 1887. Owing to poor health he did not attend school until ten years of age. He taught for several years and was at one time princi- pal of Union School at Smyrna, N. Y. In 1871, at the age of 19, he was married to Ketta Coy, who died four years later, Feb. 20, 1875. In May, 1876, he married Frances E. Manchester. He studied law and was admitted to practice at the bar at the age of 24. When 15 years old he joined the Good Templars, and early in life he was made Grand Lodge Lecturer for the State of New York. In 1877 he removed to Lincoln, Neb., and lectured in the interests of the Bed Kibbon move- ment, securing 100,000 signers of the pledge in 12 months. In the fall of 1878 he gave 62 successive lectures in Omaha, 14,000 persons signing the pledge and six Good Templar Lodges, three Bed Bibbon Clubs and one Tempje of Honor being formed. He also addressed the Nebraska Legislature in compliance with a joint resolution passed by both Houses. In 1878 he was elected Grand Worthy Coun- selor of the Nebraska Grand Lodge by the Good Templars, and the next year was made Grand Worthy Chief Templar of that State. In 1884 he was elected Bight Worthy Grand Templar of the Order in the United States, and he set to work to reunite the two factions into which it had split in 1876. In May, Finch, John Bird.] 176 [Fisk, Clinton Bowen. 1887, after three years of ceaseless labor, he saw this union accomplished at a con- vention at Saratoga, N. Y. Originally a Democrat, Mr. Finch, in 1880, united with the Prohibition party; and he be- came one of its most active champions and beyond comparison its ablest and most judicious leader. In 1884 he was elected Chairman of the National Prohibi- tion Committee; and despite his fre- quently-expressed desire to retire he re- tained that position until his death. On the night of Oct. 3, 1887, he made a speech at Lynn, Mass., and afterward took the train to Boston, 11 miles dis- tant. As he stepped from the car to the platform in the Boston depot, he dropped dead from heart disease. Mr. Finch's addresses were remarkable for eloquence and force. His debate with Dio Lewis on "Prohibition," and his masterly reply to D. Bethune Dufneld at Detroit, are among the best. His book, " The People v. the Liquor Traf- fic " (New York, 1887), embraces several of these addresses, and is numbered among the standard works on the ques- tion of Prohibition. As a platform speaker he possessed superb powers, and the undivided judgment of competent observers pronounced him by far the greatest of all political Prohibition ora- tors, in the same sense that Gough was the greatest of moral suasion advocates. He had a remarkably handsome face, strong but kind ; a noble bearing, a very generous and magnanimous disposition and an unflinching will. His executive capacity was of a high order, and his plans for promoting the interests that he had in charge seldom or never failed — at all events were never seriously op- posed by his associates. Yet he carriel his projects by tact and not by force. Though an unbending champion of the most radical Prohibition policy, he recog- nized the importance of educational work, and through all the exciting Pro- hibition campaigns he consistently per- formed his duty as the head of the Good Templar Order. Like many extreme Prohibitionists he did not at first foresee the dangers that would result from en- couraging High License and other com- promise legislation. He was one of the framers of the Nebraska High License law and did as much as any man to place it on the statute-books. Yet he was quick to admit its utter failure as a tem- perance act, and he repudiated the High License idea entirely. He steadily re- fused to become a candidate for office. There is no doubt that his untimely death was due to excessive labor in the Prohibition movement: though he had been warned repeatedly by his physicians and had suffered from alarming attacks of heart disease, he could not be persuaded to abate his energies. The news of his death stunned the temperance public, and the greatest grief was manifested throughout the country. His widow, with the co-operation of his co-laborer, Frank J. Sibley, has published an interest- ing and valuable history of his career. ("John B. Finch," New York, 1888.) Fisk, Clinton Bowen, fifth candk date of the Prohibition party for Presi- dent of the United States ; born in Griggsville, Livingston County, N. Y., Dec. 8, 1828, and died in New York, July 9, 1890. His father, a blacksmith, removed to Michigan in 1830, believing that his five sons, of whom Clinton was the youngest, would have a better 'chance in life in the newer country. But two years after the removal he died, and each son as he became old enough was put out to earn his own living. At the age of nine, Clinton was bound to a farmer to serve until 21, his recompense to be a horse, a saddle, a bridle, two suits of clothes, $200 and three months' schooling each year. After a few years of service his release was procured and the next ten years were spent in hard work and study. He mastered considerable Latin unaided. When he was 13 his mother married again, but just as preparations had been made to send him to Wesleyan Seminary, at Albion, Mich., his step-father Hied. He removed with his mother to Albion and studied and taught until his eye-sight failed him, and he was obliged to give up further thoughts of education. He be- gan business life with L. D. Crippen, the leading merchant and banker of Cold- water, Mich., and in 1850 Was married to Mr. Crippen's daughter. In the financial crises of 1857 Mr. Fisk lost most of his property because of his determination that his bank should pay dollar for dollar instead of suspending. In 1858 he re- moved to St. Louis, Mo., and became Western Financial Agent of the Etna In- Fisk, Clinton Bowen.] [Fisk, Wilbur. surance Company. At the outbreak of the Civil War he enlisted as a private soldier for three months. When the St. Louis Merchants' Exchange seemed likely to exert its influence for the Con- federacy he organized a rival Exchange, the Union Merchants' Exchange, which soon swallowed up the old organization. In July, 1862, he set about recruiting a regiment, which was soon at the front. iMer, he organized a brigade, and on Nov. 24, 1862, he was commissioned Brigadier- General. He was for some months in command of South-east Missouri and afterward of the district of St. Louis. With a small force he repelled the attack made upon Jefferson City by Marmaduke and Shelby, and made them prisoners. In February, 1865, he was commissioned Major-General of the Missouri militia, and a month later was made Major- General by brevet, "for faithful and meritorious services during the war." From May, 1865, until September, 1866, he was Assistant-Commissioner of the Freedmen's Bureau, and was in charge of Kentucky, Tennessee and parts of Ala- bama, Arkansas and Mississippi. The Fisk University for colored youth was founded at Nashville, Tenn., largely through his instrumentality. Since his resignation from the army in the fall of 1866 he was engaged until his death in railroad management and the banking business. He was for eight years Treasurer of the Missouri and Pacific Bailroad Com- pany. A Bepublican in politics up to 1884, Gen. Fisk that year gave his sup- port to ex-Governor St. John, the Presi- dential candidate of the Prohibition party. In 1886 he was the candidate of the Prohibition party for Governor of New Jersey. During the campaign he made 125 speeches, traveling 5,000 miles, and never missed an engagement. He received 19,808 votes, three times as many as had been polled by St. John in New Jersey in 1884. On May 30, 1888, he was nominated for President of the United States by the Prohibition Conven- tion at Indianapolis. His personal popu- larit} 7 , high character and recognized ability contributed materially to the strength of the party. His feeble health prevented him from taking a very active part in the canvass, but he made a few speeches. His aggregate vote in the na- tion reached 249,945. After the election he exhibited undiminished interest in the Prohibition cause. He was one of the most generous contributors to the move- ment, made numerous speeches in Con- stitutional Prohibition and Local Option campaigns, and heartily supported Gospel temperance and similar work. He was active and prominent in other good causes. As a youth and young man he was a devoted Abolitionist, and played a part in " Underground Railroad " enter- prises. He was appointed by President Grant a member of the Board of Indian Commissioners and was immediately elected President of the Board ; and he held the position until his death. He was the most prominent lay member of the Methodist Episcopal Church in the United States. In 1874 he was chosen delegate to the General Conference at Louisville, Ky., where, for the first time since the Civil War, the Northern and Southern branches of the church ex- changed greetings. He became a member of the Methodist Book Committee in 1876 and in 1881 was appointed delegate to the Ecumenical Council in London. He delivered the address on missions be- fore the Centennial Methodist Assemblage in Baltimore in 1884. He was also a member of the Board of Managers of the American Missionary Association, and was identified with a large number of lo- cal religious, educational and charitable interests. Fisk, Wilbur. — Born in Brattleboro, Vt., Aug. 31, 1792, and died in Middle- town, Conn., Feb. 22, 1839. Graduating from Brown University in 1815 he studied law, but afterwards abandoned it for the Christian ministry. In 1825 ho was chosen the first principal of Wilbra- ham Academy, at Wilbraham, Mass , and in 1830 was elected the first President of Wesley an University. In the agitation for freeing the Methodist Episcopal Church from all complicity with the liquor traffic and from all fellowship with liquor-traffickers, he took a very radical stand, and in consequence encountered strong opposition and even misrepresen- tation and persecution. The Christian Advocate at first antagonized him, but afterwards changed its , attitude. The fear of the over-cautious was that if un- compromising hostility to the liquor trade were made a test of church mem- Florida.! 178 [Flournoy, Josiah. bersliip, there would be a split in the de- nomination, but Dr. Fisk did not permit such a possibility to restrain him. To a member of the church who sought to dissuade him from making a radical tem- perance address, he replied : " Sir, if the church stands on rum, let it go." The following is an extract from a speech made by him in 1S32 : " Mv Christian brother, if you saw this trade as I believe God sees it, you would sooner beg your bread from door to door than gain money by such a traffic. The Christian's dramshop ! Sound it to yourself. How does it strike your ear? It is doubtless a choice gem in the phrase- book of Satan! But how paradoxical! How shocking to the ear of the Christian ! How of- fensive to the ear of deity! Why. the dram- shop is the recruiting rendezvous of hell! And shall a Christian consent to be the recruiting officer ? . . . Say cot, if you do not sell, others will. Must you be an ally of Satan and a destroyer of your race because others are? Say not, if you do not soil, it will injure your business and prevent your supporting your family. It was said by one that ' such a state- ment is a libel upon the diviDe government.' Must you, indeed, deal out ruin to your fellow- men, or starve? Then starve ! It would be a glorious martyrdom contrasted with the other alternative. " . . The church must free herself from this whole business. It is all a sin- ful work, with which Christians should have nothing to do, only to drive it from the sacred enclosures of the church, and, if possible, from the earth." Florida. — See Index. Flournoy, Josiah. — Born in Vir- ginia in 1790, and died in 1842. He removed to Georgia when young, and was so successful in business pursuits that he became the owner of a large plantation near Eatontown. As a temperance leader he is remembered for his connection with the Georgia agitation of 1839 known as the Flournoy Movement, whose object was to secure the abolition by the State Legislature of the liquor license laws. In the spring of 1839 a meeting of citizens of Putnam County, Ga., through a com- mittee of which Mr. Flournoy was a member, issued an address to the people of Georgia, jDublished in the Atlanta Christian Index for March 21, 1839, ask- ing whether the evil of the legalized liquor traffic "'ought not to be extermi- nated." A petition to the State Legisla- ture was published in the Index in March of the same year, signed by about 300 citizens of the county. It contained the following words : '■ The undersigned, citizens of this Slate, b3 Moving that the retail of spirituous liquors is an evil of great magnitude among us, come to th i Legislature by petition and ask you, in your wisdom, to pass such a law as will effectually put a stop to it. . . . Your petitioners come with tho more confidence because several States in this Union have already passed such a law as to make penal the retailing of intoxicating drinks." Mr. Flournoy canvassed the State for signatures to the petition, visiting nearly every part of the commonwealth. His example aroused the people and public meetings were called everywhere. When it became apparent from the indifference of the politicians that the Legislature would probably disregard the petition, some of the petitioners began to nomi- nate independent legislative candidates. The political aspect which the movement now took on commanded the attention of partisan leaders and newspapers, and in the contest for Governor, which was decided by a majority of only a few hun- dreds, party spirit ran high. Shortly be- fore the election the success of the peti- tioners seemed certain, but the politicians appealed to prejudice by declaring that party interests were endangered, and the popular movement was checked. The Legislature refused to act. Mr. Flour- noy's death, which occurred soon after, was attributed to disappointment at the defeat of the cause. This was one of the first agitations conducted on political lines. The encouraging and discouraging conditions were thus alluded to by Mr. Flournoy : '' I have addressed thousands in public meet- ings, and spoken to hundreds in private. 1 find the number of those who favor the plan of a law to banish the tippling-shops from the land to be as eight or nine in ten. No proposition can be offered to the citizens of Georgia that will meet with the same unanimity, nor any ten combined can produce the same good. I have just returned from a trip of ten days to the South. In one of the lower counties I believe every man would sign our petition, and no- where, even among the worst drunkards, do I meet with opposition. I find more difficulty with men who call themselves politicians than any others ; as a class they are least to be ex- pected to do anything to promote the morality of the country. With a few exceptions, they seem desirous to keep back all that would ele- vate the great mass of society, I suppose, for fear they will lose their own importance I freely warn them that the man who opposes this law, and knows what he is doing at (he same time, will deserve and receive th3 anath- emas of the country. He is one who for his own honor's exaltation could drink the tears of Food.] 179 [Food. female suffering and eat the bread of starving children." Food. — Is alcohol a food ? The ques- tion is touched upon by Dr. B. W. Rich- ardson in his able article in this work. (See Alcohol, Effects of.) The subject is very thoroughly discussed in his cele- brated "Ten Lectures on Alcohol" (New York, 1883, pp. 94-12:2). The funda- mental considerations which must precede any inquiry are thus admirably outlined by him (pp. 95-7) : " The earth yields spontaneously to man, either from herself directly or from the vege- table kingdom which lies between her and man, all the requirements for his existence. What- ever, therefore, mm invents, though it may seem to be a great necessity, is not a necessity except to those who, being trained to its use, have been led artificially to believe it essential. Thus nature has produced water and milk for man to drink, and they are, in truth, all the flu- ids that are essential. This lesson, which na- ture treats by her rule of provision for the ne cessitiss of animal life, is supplemented by many other facts, each e-raally authoritative. There is ever before us ihe great experiment that all classes of living beings beneath man require as drink none other fluids except those I have named. We see the most useful ot these animals performing laborious tasks, undergoing extremes of fatigue, bearing vicissitudes of heat and of cold, and enduring work, fatigue and vicissitudes for long series of years, sustained by tneir solid food with no other fluid than simple water. We see again whole nations and race? of men who labor hard, endure fatigue and exposure, and who live to the end of a long and healthy life, taking with their solid suste- nance water only as a beverage " When we turn to the physiological construc- tion of man or of a lower animal, we discover nothing that can lead us to conceive the neces sity for any other fluid than that which nature has supplied. The mass of the blood is com- posed of water, the mass of the nervous system is composed of water, the mass of all the active vital organs is made up of the same fluid . the secretions are watery fluids, and if in any of these parts any other agent than water should replace it the result is an instant disturbance of function that is injurious in proportion to the displacement. " When we turn therefore to the use of such a fluid as alcohol under any of its disguises — as spirit, as wine, as beer, as cider as perry, as liqueur — we are driven a priori to look upon it as something superadded to the necessities of life, to look upon it, in a word, as a luxury. In such sense it has always been received amongst those nations which have most indulged in it. It is something added to the ordinary life, something unnecessary but agreeable. Wine, added to the meal, transforms the meal into a feast; it is supposed to make glad the heart, but it is never supposed that if the wine were not possessed the life would be shortened. When now we offer wine it is, by the effect of habit and education, an offering of a thing that is super-necessitous and in such wise a compli- ment, an indication of a This tendency of the German CourtB is discussed at length in the report for 1887 (pp. 41-3) of the " Jahresver- satnmlungdes Dentschen Vereins gegen den Misbrauch geistigen Getranke." ' Goodell, William.— Born in Coven- try, N. Y., in 1792, and died in Janes- ville, Wis., Feb. 14, 1878. In his youth he worked as a clerk, farm-hand and school-teacher; and while employed as a bookkeeper in New York he assisted in founding the Mercantile Library Asso- ciation of that city. In 1827 he started the Investigator in Providence, E. I., the second paper devoted to the temperance cause in the history of the movement. In 1829 he removed to Boston and united the Investigator with the National Philan- thropist, which, started in 1826, was the pioneer temperance journal. In 1830 he removed to New York and with the assist- ance of Phineas Crandall began the pub- lication of the Genius of Temperance. He edited the Youth's Temperance Lecturer also, and published the Female Advocate, sustained by Christian women and de- voted to social and moral purity. The publication of the Emancipator in the in- terest of the Anti-Slavery cause (com- menced in 1834) brought the bitterest persecution upon him. He assisted in forming the American Anti-Slavery So- ciety and the Liberty party. In 1836 he removed to Utica, N. Y., and became editor of the Friend of Man, State organ of the Liberty party. He also labored as a lecturer and a minister of the gospel. He endeavored to induce the churches to take a radical stand against slavery, and he was for nine years pastor of a church at Honeoye Lake, N. Y. While holding this pastorate he published in two volumes his " Democracy of Christianity," and also issued a constitutional argument against slavery. Later on he published " Our National Charter," the " American Slave Code " and a " History of Slavery and Anti-Slavery." While residing at Honeoye Lake he was nominated by the Liberty party for Governor of New York. In 1852 he removed to New York City to become editor of the Radical Abolitionist. He was one of those present with Mr. Lincoln, strengthening and encouraging him, on the night before the famous Proc lamation of Emancipation was issued. After the war Mr. Goodell wrote for vari- ous papers in advocacy of total abstinence and Prohibition. He aided in organizing the Prohibition party at Chicago in 1869. In 1870 he removed with his wife to Janesville, Wis. In June, 1S74, he at- tended the reunicn of Abolitionists at Good Templars.] 192 [Gough, John Bartholomew. Chicago, and from that time until his death he continued to write, preach and lecture in behalf of temperance. Go^d Templars. — See Independ- ent Oedee of Good Templaes. Gospel Temperance. — A name commonly applied to temperance work and workers whose methods are distinc- tively evangelistic or persuasive, relying upon the influence of exhortation, prayer, song, the pledge, the church, etc. Gos- pel temperance effort is but another name for moral suasion effort, the object being to reform inebriates and enlist supporters for the temperance cause by appealing especially to the emotional nature of in- dividuals, their consciences, their religious feelings and, in short, all their better in- stincts. Gospel temperance movements have been crowned with great success in the United States, Canada, Great Britain, Australia and other countries, multitudes having been reclaimed. They have fre- quently awakened the public sentiment necessary for giving success to Prohibi- tory campaigns and laws, and many of the most valuable Prohibition agitators have been developed from such move- ments. Indeed, with very few exceptions the gospel temperance laborers frankly recognize that their work is essentially preliminary and preparatory; that it is impossible to reform drunkards as rapidly as the saloons manufacture them; that of those who do reform, comparatively few are able to permanently resist tempta- tion so long as the legalized saloons ex- ist; that the results of rescue effort, however noble and gratifying, are really insignificant when measured with the conditions ever presented by the fact that multitudes relapse and greater multi- tudes are never rescued ; that the organ- ized drink system, which is the root of the drink evil, can never be exterminated by entreaty however loving or by argu- ment however logical. On the other hand there are very few Prohibitionists who do not look with unqualified ap- proval upon gospel temperance work and encourage it by influence and contribu- tions, understanding that every whole- some educational agency promotes re- form. Gothenburg System. — See Swe- den. Gough, John Bartholomew. — Born in Sandgate in Kent, Eng., Aug. 22, 1817; died in Frankford, Pa, Feb. 18, 1886. His family was supported by the earnings of his mother as village school-teacher, and a pension of £20 per annum received by his father for services in the Peninsular War. He was kept at school until his twelfth year, when he emigrated to America with a neighbor's family. After working two years with these people on a farm near Utica, N. Y., he went to New York City and obtained employment in the book-binding depart- ment of the Methodist Book Concern, where he learned his trade. In 1833 he had saved sufficient money to send for his mother and sister — his father having died, — but in July, 1834, a little less than a year after her arrival in America, his mother died also. Young Gough now fell in with evil associates, and entered on a career of dis- sipation which his marriage in 1839 and the setting up of a small book-bindery on his own account did not check. At the age of 24 he was a hopeless sot. He went to Bristol, E. I., Providence, Boston, ISTewburyport and Worcester, eking out a scant subsistence by doing small jobs at his trade or by comic acting and singing in low theatres and resoi'ts. " I was now," he writes, " the slave of a habit which had become completely my master, and which fastened its remorseless fangs in my very vitals. ... I drank during the whole day. . . . So entirely did I give my- self up to the bottle that those of my companions who fancied they still pos- sessed some claims to respectability grad- ually withdrew from my company. At my house, too, I used to keep a bottle of gin, which was in constant requisition. . . . A burning sense of shame would flush my feyered brow at the conviction that I was scorned by the respectable portion of the community. But these feelings passed away like the morning cloud or the early dew, and I pursued my old course." ' At Newburyport he was induced to attend a temperance meeting addressed by Mr. J. J. Johnson, a reformed drunkard. "My conscience told me that the truth was spoken by the lecturer. As I left the chapel a young man offered me the pledge to sign. I * Autobiography (Boston, 1847), pp. 38, 40, 43. Gough, John Bartholomew.] 193 [Gough, John Bartholomew. actually turned to sign it, but at that critical moment the appetite for strong drink, as if determined to have the mas- tery over me, came in all its force ; t'.nd remembering too, just then, that I had a pint of brandy at home, I deferred sign- ing." 1 In Worcester his wife and child died from the consequences of want and ex- posure, but even then he did not reform his habits. " Soon it was whispered from one to another until the whole town be- came aware of it," he confesses, " that my wife and child were lying dead, and that I was drunk ! . . . There in the room where all who had loved me were lying in the unconscious slumber of death, was I gazing, with a maudlin melancholy im- printed on my features, on the dead forms of those who were flesh of my flesh and bone of my hone. During the miserable hours of darkness I would steal from my lonely bed to the place where my dead wife and child lay, and in agony of soul pass my shaking hand over their cold faces, and then return to my bed, after a draught of rum, which I had obtained and hidden under the pillow of my wretched couch." 2 Not long after this, in October, 1842, when he " had no hope of ever becoming a respectable man again - not the slight- est " — " believing that every chance of restoration to decent society and of ref- ormation was gone forever," and when he often contemplated suicide and even "stood by the rails, with a bottle of lauda- num clattering against " his lips, 3 he was persuaded by Joel Stratton, a Quaker, to go to a temperance gathering and sign the pledge. Encouraged by Mr. Stratton and others he kept his pledge for several months in spite of the most terrible crav- ings for liquor. " Knowing that I had voluntarily renounced drink, I endeavored to support my sufferings and resist the incessant craving of my remorseless ap- petite as well as I could ; but the struggle to overcome it was insupportably pain- ful. When I got up in the morning, my brain seemed as though it would burst with the intensity of its agony, my throat appeared as if it were on fire, and in my stomach I experienced a dreadful burning sensation, as if the fires of the pit had been kindled there. ... I i Ibid, pp. 40-1. a Ibid, p. 57. 2 Ibid, pp. 58-3. craved, literally gasped, for my accus- tomed stimulus, and felt that I should die if I did not have it. . . . Still, during all this frightful time, I experi- • enced a feeling somewhat akin to satis- faction at the position I had taken. I had made at least one step towards ref- ormation. I began to think that it was barely possible that I might see better days." 4 After a few months of success- ful resistance to his enemy, he succumbed, but only to confess his weakness in a public meeting and sign the pledge once more. In 1845 he was again under the influence of liquor through a dastardly trick of his enemies, who contrived to have him take a drugged drink in the hope of putting an end to his career as a reformer. In 1843 he married Mary AVhitcombe. Determining to devote his life to the work of rescuing drunkards, he set out on foot, with a carpet-bag, through New England, delivering lectures or telling his experiences wherever he went, and thankful at the start for so much as 75 cents for a night's labor. But his remarkable gift of oratory rapidly de- veloped until he was the best-known tem- perance speaker in America. In Eng- land, which he visited in 1-853 upon an invitation from the London Temperance League, his success was equally brilliant, and he prolonged his stay through two years. In 1854 a volume of his " Ora- tions " was issued in England, and soon after there was published in London an edition of his " Autibiography," of which, when first printed in Boston (in 1847), 20,000 copies had been sold within a year. In August, 1855, Gough returned to America. In 1857 he made his second visit to Great Britain, and remained there for three years. In 1878 he visited Eng- land for the third time. For 17 years, he lectured exclusively on temperance, but in later years he gave many addresses on miscellaneous subjects. In his work he traveled 450,000 miles and delivered 8,606 addresses before more than 9,000,- 000 people. He was the great exponent of moral suasion, but he also believed in, and dur- ing his last years especially emphasized, the necessity of political action to pro- hibit the liquor traffic. " Prevention is better than cure," he wrote. " It is worth 4 Ibid, pp. 52-3. Gough, John Bartholomew.] 194 [Great Britain. a life-effort to save a drunkard, to lift a man from degradation. It is worth some self-sacrifice to free a man from moral slavery and debasement; but to prevent his fall is far better. We may reform a man from drunkenness, but I believe no man can ever fully recover from the effects of dissipation and intemperance." 1 Again, he said: " I rejoice in every effort that prohibits, cripples or lessens in any way the sale of intoxicating liquor. . . . While I stand unflinchingly on the plat- form of total abstinence and absolute Prohibition, combining their forces for the entire abandonment of the drinking customs and the annihilation of the manufacture and sale of alcoholic bever- ages, I hold out my hand to every worker as far as he can go with me, if it is but a step." 2 During the last two years of his life he acted with the Prohibition party. The conduct of the politicians in many States in withholding from the people the opportunity to vote on Consti- tutional Prohibition completely disgusted him. "For 43 years," he said in 1884, '• I have been fighting the liquor trade — the trade which robbed me of seven of the best years of my life. I have long voted the Kepublican ticket, hoping al- ways for help in my contest from the Republican party. But we have been ex- pecting something from that party in vain, and now, when they have treated the most respectful appeal, from the most respectful men in this country, with silent contempt, I say it is time for us to leave off trusting and to express our opinion of that party." In a letter pub- lished in the Voice (Oct. 23, 1884), de- claring his intention to support the Pro- hibition Presidential ticket, he said : " I have one vote to be responsible for. That has always been given for the Republican party from its existence to this present year. ... I hoped to find in the Republican party, as a party of high moral ideas, protection against the liquor traffic instead of protection for it, and have been unwilling to aid in making this grand cause a foot-ball to be tossed between political parties. . . . This year, however, has seen strange things. Surprising disintegrations have been go- ing on in the two old parties. Both have either open affiliations with, or a cowardly 1 Sunshine and Shadow (London, 1881), p. 331. 2 Ibid, pp. 355-0. and shameful servility to the arrogant set of rings and lobbies of this drink trade, which lifts its monstrous front of $750,000,000 of money spent directly in it, with an equal sum in addition taxed upon the people to take care of its miser- able results." In a letter dated Jan. 30, 1886 — 19 days before his death, — pub- lished in the Voice for Feb. 11, he denied the charge that he had repudiated the Prohibition party policy in a recent in- terview. '•' I have for two years," he wrote, "voted with the third party; for I do believe in prohibiting and annihilat- ing the liquor traffic." White delivering a lecture in Frank- ford, Pa., Feb. 15, 1886, he was pros- trated with a paralytic stroke. Two days, later he became unconscious, and he died on Feb. 18. Among the last words uttered by him in his Frankford address were, "Young man, keep your record clean ! " In addition to his works already alluded to he published " Platform Echoes," and "Autobiography and Per- sonal Recollections " (1871). Grain.— Any species of grain may by fermentation under suitable conditions be made to yield an alcoholic beverage, from which by the process of distillation strong spirits may be obtained. The cereals most commonly used by liquor manufacturers in the United States are barley, corn and rye — the ones contain- ing the largest percentages of sugar or starch. Great Britain. — Although temper- ance reform has made great progress in the United Kingdom, has won to total abstinence multitudes of converts and to the Prohibition idea many thousands of more or less active sympathizers, has commanded the championship of hosts of able and eminent men in all depart- ments of thought and endeavor, has com- pelled other hosts to bestow encouraging recognition or to utter words of deep significance, and has left some impressions upon public policy, the liquor traffic is still supreme as a national institution and has not even suffered incidental dis- turbances of real magnitude, while the fiscal interests of the Government are linked to it by the strongest license and revenue bands. Conditions as now ex- isting are briefly summarized as follows Great Britain.l 195 [Great Britain. for this work by the well-known Dr. 4 • Dawson Burns : "The liquor traffic of Great Britain and Ire- land consists of the two great departments of manufacture and importation, and wholesale and retail sale. On ardent spirits made or im- ported there is a tax of 10* per gallon ; on beer a tax of 6* 5i per barrel ; and wine imported is taxed according to alcoholic strength. There is also a brewers' license when the beer is brewed for sale. Wholesale dealers and all retailers pay license duty, 1 and the entire revenue from liquor in the United Kingdom is about $145,- 000.000 per annum. Wholesale dealers in spirits and wine, beer-house-keepers licensed before 1869, and holders of wine and spirit licenses for consumption off the premises ob-' tain Excise licenses on certain conditions and payments, but all public house if. e., saloon) licenses, all beer-houses licensed since 1869, and all beer off-licenses are subject to magisterial control and cannot be obtained without annual certificates from local licensing benches. The retail licenses in England of all kinds number about 130,0it0, and in Scotland and Ireland about 30 000. Until 1830 all retail licenses were issued subject to magisterial certificates which could be withheld at discretion. All payments have respect only to the Excise Department, and the magisterial certificates are never paid for, but are given or withheld with a supposed regard for the public interest. The Courts of law have recently decided that the magistrates have the power to refuse annual licenses to those who have been previously licensed, so that there is no ' vested interest ' in such licen- The quantities of distilled spirits, wine and beer consumed in the United King- dom, annually are presented in the article on Consumption" of Liquors. The vast importance of the drink traffic as a source of revenue is shown by a glance at the receipts of the Govern- ment for the year ending March 31, 1889. The entire revenue was £89,883,331, of which the largest single item was the in- come from domestic liquors and licenses, £23,628,858, or considerably more than one-fourth the whole. In addition to this inland revenue from liquors, the customs duties on liquors yielded £5,518,- 762, or more than one-fourth the entire customs receipts from all sources. 2 From calculations made by the late 1 The saloon or publican's license (L e., license to sell spirits, beer and wine to be consumed on the premises) varies from £4 105 per annum for houses whose annual value is under £10, to £60 per annum for houses whose annual value exceeds £700 Thus the highest annual sa- loon license rate in Great Britain is about the same as the average rate in the United States. The total Government revenue from publicans' and procers' licenses for the year ending March 31, 1889, was £1,487,096. (These particulars are taken from " Whitaker's Almanac " for 1890.) 2 Whitaker's Almanac for 1890, p. 172. eminent writer on the statistical aspects of drink, William Hoyle, it appears that in 1820 the population of the United Kingdom was 20,807,000, the total esti- mated cost of intoxicating liquors con- sumed was $245,469,448, and the average cost of liquors per capita was $11.80; in 1850, according to Mr. Hoyle, these items were, respectively, 27,320,000, $392,814,- 551 and $14.31; in 1860, 28,778,000, $414,999,888 and $13.26; in 1870,31,- 205,000, $577,830,082 and $18.51; in 1880, 34,468,000, $618,407,860 and $17.58. Since 1880 the estimated cost of liquors to the public has been in the neighbor- hood of $600,000,000, a slightly decreas- ing tendency having been observed. Mr. Hoyle's figures show that the heaviest expenditure for drink was in the year 1876, when the total cost reached $716,- 780,746. The total number of convictions in the United Kingdom for crime from all causes is now about 600,000 annually. The annual apprehensions for drunken- ness vary from L75,00()to more than 200,- 000. In the metropolitan district (Lon- don and vicinity), there were 23,638 arrests for drunkenness and disorderly conduct in 1888, the total population be- ing nearly 5,600,000. Although the only systems recognized by Parliamentary law are those of license and revenue, the right of Local Option not having yet been conferred, local Pro- hibition has been established in many places by various means, chiefly by the exercise of legal rights by landowners. On the authority of Dr. Dawson Burns, there are at least 2,000 places in the United Kingdom where the sale of liquors is prohibited. In Liverpool one district, containing 40,000 inhabitants, is under Prohibition ; and in London there is one dwellings company possessing three es- tates on which there are 4,000 houses oc- cupied by 20,000 people, that also pro- hibits the sale absolutely. But the entire removal of dramshops from the com- munity has been accomplished in but few instances, and in such instances only by resorting to extraordinary methods, since the political power to effect removal is not vested in the people. On the other hand the people, when given opportuni- ties to express themselves on the question of local Prohibition, have manifested a strong preference for taking the whole Great Britain.] 196 [Great Britain. subject into their own hands. Kecent plebiscites in Scotland, conducted under the auspices of individuals desirous of testing public sentiment, have resulted in emphatic majorities in favor of decid- ing the licensing issue at the ballot-box and in behalf of limiting the number of licenses; while a manifest disposition to altogether prohibit the liquor traffic in localities has been exhibited. Nor has the demand for popular con- trol been without effect upon Parliament. " The United Kingdom Alliance for the Total and Immediate Suppression of the Liquor Traffic," founded June 1, 1853, has for many years made the princijule of popular control the cardinal point of its platform. In Great Britain the term " Local Option " has not the definite signification that is attached to it in the United States: it does not necessarily mean a system of legislation whereby the people of separate communities may wholly suppress the license system, but an elastic system, involving limitation of the number of licenses, more or less severe restrictions, etc., the degree of re- striction or Prohibition to be determined by local preference. Therefore the United Kingdom Alliance does not de- mand the indefinite privilege of " Local Option " but the specific privilege of " Direct Veto " — that is, it asks Parlia- ment to pass an act enabling the electors in each community, by periodical major- ity votes, to pass a " direct veto " upon the issuance of liquor licenses for their respective communities. The "Direct Veto " idea in Great Britain is precisely equivalent to the Local Option idea in the United States. This idea, under the steady championship of the United Kingdom Alliance, has commanded able support in Parliament by individual members of the House of Commons, es- pecially by Sir Wilfrid Lawson, the President of the Alliance. The Ministry has uniformly failed to pass Direct Veto bills, but the Liberal party, when in power, found it expedient to make con- cessions to the temperance sentiment. June 18, 1880, the House of Commons, by a majority of 26, passed a resolution declaring that in the opinion of the House a law should be enacted conferring on electors the right to decide for or against the license system; and similar resolutions were passed in 1881 by a ma- jority of 42, and in 1883 by a majority of 87. Political vicissitudes and the absorbing Irish question have prevented the fulfill- ment of the pledge implied by the adop- tion of these resolutions. But the Liberal party is now thoroughly committed to the Direct Veto programme. At the National Liberal meeting at Manchester in December, 1889, the declaration of principles that was adopted pronounced for "the Direct Popular Veto of the liquor traffic." Generally speaking, the Liberal and Conservative parties of Great Britain stand respectively, in reference to liquor legislation, much as the Republican and Democratic parties stand in the United States. The Liberals profess a progressive spirit and purpose; the Conservatives are avowedly hostile. The Liberals, however, are cautious and given to compromises and delays, and their shrewd political managers have no desire to alienate the very considerable liquor vote now under their control by seriously attacking t'~e traffic. For the sake of temporary ad- vantage, however, the Liberals are very willing to use the strong temperance sentiment of the country in party war- fare ; and a highly interesting illustration has been afforded in the present Parlia- ment (1890) by the solid Liberal op posi- tion, under Mr. Gladstone's immediate leadership, to the compensation clauses of the Tory Ministry's Licensing bill. (See Compensation'.) The Conservatives owe much of their strength to the sup- port that they receive from the great brewers and wealthy publicans; and al- though twice signally defeated in trying to force compensation upon the country, it seems certain that they will faithfully represent the wishes of the liquor inter- ests in future struggles. There is an element of advanced Pro- hibitionists in Great Britain that urges the political doctrine upon which the Prohibition party of the United States is based. Believing that the existing parties will never satisfactorily champion their cause and that the speediest means of forcing it to the front is by independent partisan action, they favor the adoption of that means. But no very important results of the movement are yet appar- ent. Notwithstanding all the unfavorable Great Britain.] 197 [Great Britain. aspects and results, the political phases of the drink question are incessantly agitated in Great Britain. With so many able writers and speakers constantly pre- senting testimony and arguments in sup- port of radical views, political leaders cannot avoid touching the issue at many of its vital points. Despite their evasive records and unfriendly performances in dealing with practical measures, nearly all of the foremost statesmen have made memorable and impressive declarations against drink and the drink traffic. Among the temperance organizations the United Kingdom Alliance, as already indicated, is the most important one working on political and legislative lines. It publishes the Alliance News, the leading temperance paper of England. In 1889 the subscriptions received by the Alliance amounted to almost 856,000. The Na- tional Temperance League labors for the cause " by means of public meetings, lec- tures, sermons, tract distribution, domi- ciliary visitation, conferences with the clergy of all denominations, medical practitioners, schoolmasters, magistrates, poor-law officers and other persons of in- fluence, deputations to teachers and stu- dents in universities and colleges, train- ing institutions and schools, missionary efforts among sailors, soldiers and the militia, the police and other classes;" it publishes the Temperance Record, the Medical Temperance Journal and the Na- tional Temperance Union, and in 1889 sold temperance literature of the value of $38,750. The Scottish and Irish Tem- perance Leagues perform similar work, the former publishing the League Jour- nal (Glasgow) and the latter the Irish. Temperance League Journal (Belfast). The British Woman's Temperance Asso- ciation is made up of women exclu- sively. The Good Templars, Rechabites and similar benevolent temperance orders are very strong throughout the British Isles. Of the great denominational societies, the Church of England Temperance So- ciety and the Wesleyan Society have the so-called dual basis — i.e , they permit their members to choose between total abstinence and "moderation." The strongest (numerically) of the distinct- ively religious temperance organizations is probably the Salvation Army, every one of whose members is a pledged ab- stainer from alcohol and tobacco. All the leading denominations support influ- ential temperance societies. The Blue Ribbon Gospel Temperance movement and the Bands of Hope also co-operate most usefully in the agitation. Taking the clergymen altogether, there seems to be no doubt that a large major- ity of them are total abstainers. A much larger proportion of students in the the- ological colleges are pledged abstainers. Thus, of 404 Congregational students 340 are pledged to total abstinence, and 216 of 235 Baptist students; while in Mr. Spurgeon's "Pastors' College" and the Wesleyan College at Pleadingly and Rich- mond there are no exceptions. 1 Never- theless the churches as organized bodies (with some striking exceptions, of course) are still fairly to be charged with timid- ity. The Lambeth Conference of 1888 appointed a committee of Bishops to con- sider the "duty of the church with regard to intemperance," and this Epis- copal body was not prepared to recom- mend so mild a reform as the use of un- f ermented wine at the sacrament. In the great compensation struggle of 1890, when the anti-compensationists had the advantage of the argument and the enthusiastic support of the country, the attitude of the Church of England was represented to be in favor of a compro- mise whereby the liquor-traffickers would have been granted the right of compen- sation for a period of ten years. It is true that individual members of the Church of England Temperance Society protested against this concession ; but the proposals in behalf of the Society were made with so much appearance of author- ity that Mr. Henry Labouchere took occa- sion in the House of Commons to allude to them as evidence of "an incestuous union between the parson and the pot- house-keeper in favor of the party which it was thought would protect their several interests." Upon the conversion of the great brewing concerns into limited lia- bility companies, persons inspecting the lists of stock subscribers found" the names of many clergymen among the shareholders. On the lists of six of these companies the names of 50 clergymen appeared — none of them being of non- conformist denominations, however. i 1 Stated on the authority of J. P. B. Tinling, London. Greece.] 198 [Greeley, Horace. Yet the various manifestations of con- servative feeling by the aristocratic cler- gymen are offset by many noble excep- tions in their own ranks. Such examples as those given by Archdeacon Farrar, Canon Wilberf orce, the Bishop of London and scores of other divines of the greatest eminence and talent, make it impossible to justly reckon even the Church of Eng- land as an undivided opponent of rad- ical action. Few English writers and speakers have done so much as these men to promote total abstinence and justify the growing antagonism to the drink traffic as a factor of national life. And many leaders of the Koman Catholic Church deserve equal praise, especially the recognized head of that church in the United Kingdom, the venerable Car- dinal Manning, whose advocacy of the temperance cause is one of the distin- guishing features of his life-work. The restrictive laws for liquor-sellers, notably the partial Sunday-closing laws and the acts forbidding sales to children and drunkards, are violated with impu- nity throughout the United Kingdom. Greece. — The writings of the ancient Greeks abound in allusions to drink and drunkenness. Wine was their alcoholic beverage : the art of distillation was then unknown, and the evils of intoxication in the most highly cultivated country of ancient times were wholly due to the drink that is now recommended by certain tem- perance advocates. History records no more significant practice than that pre- vailing in Sparta, where the helots or slaves were on certain occasions compelled to drink to excess, that the Spartan youth might be provided with object lessons of the dire consequences of intemperance and thus be warned against indulgence. Drunkards were severely punished in the various Grecian communities. The Dra- conian laws of Athens pronounced sen- tence of death upon any individual con- victed of drunkenness, and even the milder code of Solon "condemned an Archont (the highest public functionary in Athens after the abolition of royalty, B. C. 1068) to a heavy fine for the first time he was intoxicated, and in case of relapse to death." 1 1 Foundation of Death, p. 20. In contemporary Greece all the branches of the liquor traffic flourish. In 188G 250,000 acres of the Greek Kingdom were devoted to wine-grapes. Wine is a princi- pal article of export, the value of wines exported in 1888 having been 4,415,000" drachmas (about $750,000). The Gov- ernment lays a comparatively heavy tax on spirituous liquors, but for revenue objects exclusively. No efforts are made to restrict the use of liquors. Enter- prising Greek tradesmen derive large profits from the liquor business in many ports of the Mediterranean. Greeley, Horace. — Born in Am- herst, N. H., Feb. 3, 1811, and died in Pleasantville, N. Y., Nov. 29, 1872. His devotion to total abstinence and Prohibition principles was lifelong and uncompromising. On his twelfth birth- day his mother counseled him to abstain from intoxicating beverages. He replied that he had already thought of that sub- ject and had resolved never to taste liquor. In the numerous addresses that he made, he frequently advocated total abstinence. It is related that in one of his Tribune edi- torials he earnestly urged young men to avoid the tempter in whatever form he might appear, " whether as punch or bitters, as sherry or Madeira, as hock or claret, as Heidsieck or champagne." Other members of the editorial corps who were not total abstainers greeted Mr. Greeley on his entrance to the office that morning with uproarious laughter, telling him that heidsieck was not a different wine from champagne, but only a par- ticular brand. As the laugh went around the room Mr. Greeley said : " Well, boys, 1 guess I'm the only man in this office that could have made that mistake. It don't matter what you call him — cham- pagne, or heidsieck, or absinthe — he is the same old devil." The New York Tribune was founded by Mr. Greeley in 1841. During the early agitation in New York State upon the question of liquor legislation, the Tribune was a radical advocate of Pro- hibition. As early as Feb. 13, 1852 (see the Tribune for that date), Mr. Greeley defined the issue in the following power- ful language: •'What the temperance men demand is not the regulation of the liquor traitJc, but its de- struction; not that its evils he circumscribed Greeley, Horace.] 199 [Greeley, Horace. (idle fancy!) or veiled, but that they be, to the extent of the State's ability, utterly eradicated. Such a law we are all willing to stand under and (if such be its fate) fall with; but no shilly- shally legislation can endure, and it would be good for nothing if it would. Stave in the heads of the barrels, put out the fire3 of the distillery; confiscate the demijohns, bottles and glasses which have been polluted with the infernal traffic; but no act screening great mischief- makers and bearing down on little ones can possibly be fastened on the advocates of tem- perance. They disown and loathe it. " For our own part, we are opposed to legal- izing the manufacture or sale of intoxicating liquors for medical, mechanical or any other purpose. There is no need of it, and great harm in it. That alcohol may be useful in various contingencies we do not dispute; for arsenic, opium and other poisons are so, and it is not probable that this single member of the family should have no good end whatever. Let alcohol— pure, undiluted alcohol— be manu- factured and sold without license, le doctors and others use it as they shall sac fit; but this undisguised poison no one would drink; and we protest against all tampering with, coddling up and disguising it so that the ignorant, the simple, the victims of depraved appetite, shall be tempted to imbibe it where they would re- ject the naked poison. All such weaving of snares for the feet of the unwary is indefensible, is demoniac and ought to be prohibited by law. " ' But the people are not ready for such stringent legislation.' Well, sir, if you think they are not, take hold and help us make them ready ! We maintain that they ars, and that the Maine law, in all its primitive rigor, would be sustained by 50,000 majority of the legal voters of our State, and carried into full execu- tion within a year after its passage. Legislators ! will you oblige us by submitting it to the people ! ' ' We have just tried five years of ' moral suasion,' and find that rum has gained on us every day. We shall now try five years' legal suasion, if necessary, and see how that will operate. Gentlemen, politicians! choose whether to stand with us or against us, but do not imagine any fence will last long enough to hold you in an equivocal position." In an editorial upon " Temperance and Law " in the Tribune for April 26, 1853, Mr. Greeley wrote : " We are quite willing — yea, more than willing — to see the upholders of license laws devote their energies to the enforcement of those laws in their less exceptionable aspects by a rigorous and united crusade against their violators by Sun- day dramselling and their defiers by poisoning without license. It is a work manifestly de- volving on them, and to which they are, or should be, especially adapted. To them and their kind this query addresses itself with irre- sistible force: 'Since you uphold the license system, why do you not take care to make it something else than a fraud and a sham? ' But to us, who stand for total abstinence and the Maine law, the hunting and hounding of poor wretches into the payment of a beggarly $10 per annum each [the license fee in Sew Xork at that time], for the privilege of poisoning their neighbors, is a business possessing few at- tractions For laws which assume to forbid and to punish human acts ought to rest on a basis of morality. For us, who affirm that alco- hol is a poison and its use as a beverage always hurtful, always perilous, always demoralizing, there is obviously but one consistent, defensi- ble position— that of unqualified and uncom- promising hostility to the liquor traffic. If men will poison their neighbors for gain, we greatly prefer that they should do it on their own responsibility, rather than the State's — at all events, we cannot permit them to do it on ours To sell rum for a livelihood seems bad enough ; but for a whole community to share the responsibility and the guilt of such a traffic for a beggarly §10, seems a worse bar- gain than that of Eve or Judas Al- cohol is a poison; the traffic in alcoholic bever- ages is an offense against the well-being of soci- ety, and ought to be a crime against the laws. Th2 essential wrong is not the lack of a license, but inheres in the business for which a license is demanded: if it were a good business no li- cense for its prosecution should be required; be- ing a bad one no such license should be granted. . . . No practicable enforcement of the license system will ever sensibly mitigate the evils of intemperance. So long as there shall be even 2,000 authorized, legalized, licensed liquor shops in our city, all who choose to drink will find abundant opportunity, and our youth will mainly be initiated, as fast as they become old enough to elude their parents' vigilance, into the primary degrees of tippling, whence the road is direct and the grade descending to top- ing and drunkenness. But let the laws inflexi- bly forbid the sale of alcoholic beverages, and every youth is warned from the cradle that those beverages are hurtful and dangerous, and that in drinking them he encourages a violation of the laws of the land Such legislation may not at once abolish rumselling, as our present laws against theft and burglary do not utterly extirpate those crimes ; but being based on a principle and dealing out equal justice to rich and poor, it must command the respect even of its antagonists and gradually win its way to universal respect and obedience." An editorial in the Tribune for April 29, 1853, on "Temperance and License Laws," contains the following : "Rumselling is either right or wrong: alco- hol is either a poison or no poison — there is no half-way position. If liquor is a good thing es- sentially — that is good to drink, — then there ought to be no license required of its sellers. Men hurt themselves by eating too much, or at unseasonable hours; yet we do not require a license to authorize a man to sell meat or bread, or keep a restaurant. Men kill others by the careless use of fire-arms, yet we do not exact security of every man who keeps or handles a gun. We make it unlawful for nine tenths of Greeley, Horace.] 200 [Guthrie, Thomas. oar people to sell liquor— as we would have no right to do if liquor were not a bad thing— and thn we license the other portion to sell it as if it were a good thing. The first step toward the enforcement of anti-liquor laws is to make them consistent and logical. We can never stop the unlicensed sale of liquor while we license its sale by some ; for there is no moral principle lehind such restriction. Who can tell what grog-shops are unlicensed ? And who very much cares ? But let the law make all liquor- selling illegal, and then we know just who the offenders are." The Civil War caused a suspension of temperance activity, but upon the revival of the Prohibition issue Mr. Greeley showed that his opinions had undergone no change. In an editorial entitled " Mixed Liquors " in the Tribune for Nov. 9,1867, he said: " The people of Massachusetts decided, at their late election, that they would discard their present system of liquor Prohibition and try a system of license instead We note suggestions that the Prohibitionists may, by uniting with a part of the advocates of license, secure the passage of a stringent Excise act. We presume they might; but we trust they will do nothing of the kind. The f.ort of mud- dle termed compromise has a singu'ar fascina- tion for the American mind, and its effects are almost always pernicious. We trust the P. L. L 's will be allowed to frame and pass just such a liquor law as they approve and are willing to live by. Then, if it have the predicted effect of diminishing dissipation, drunkenness pauper ism and crime, let them have the full credit of it, as they deserve. If the opposite results be realized, let that fact clearly appear, and let judg- ment be entered accordiigly. But let us have no part nor lot in the fabrication of a license law, but give our adversaries unlimited rope." In an article headed "A question for 'H. G./"in the Tribune for Nov. 12, 1867, Mr. Greeley quoted as follows from the Boston Transcript : " What would be the verdict of history upon a political party that carried the Republic safely through a civil war, and then lost its in- fluence in the nation by attempts to regulate the sale of cider and lager beer ? " To this Mr. Greeley replied, in part : " Attempts to regulate the sale of alcoholic beverages are exactly what the Transcript and its P. L. L. confederates have all along professed to uphold. But mind that attempts to ' regulate ' the liquor traffic are in your line, not in ours. We believe in cutting that liquor dog's tail off right behind the ears." Mr. Greeley foresaw the results that would follow the adoption of the system of liquor taxation inaugurated by the Federal Government during the war. Dr. T. S. Lambert, in reminiscences of conversations with Greeley held after the war, 1 quotes him as condemning that system with extreme vigor. According to Dr. Lambert, he charged that the or- ganized liquor power was the direct out- growth of the revenue laws. In his talks with Dr. Lambert Mr. Greeley also said that at the time when the Internal Rev- enue bill was pending in Congress an at- tempt was made by its promotors to win his support by bribery. '• For some (to me) unaccountable reason," he said, " I was considered a proper custodian of a promise that I had the right to call, any time within 90 days, for half the profit on 40,000 gallons of whiskey supposed equal to $20,000, all without tue least trouble or expense or risk to me; but as I could not stand it to be in the necessity of sleeping every remaining night of my life with a man that I did not respect, I declined in my plainest Saxon, so definite that neither the young man nor my old acquaintance, who introduced him, stop- ped one moment to argue, or ever spoke to me again, though we often met." Guthrie, Thomas. — Born in Brech- in, Scotland, July 12, 1803, and died in St. Leonard's, Scotland, Feb. 24, 1873. He was educated at Edinburgh Univer- sity, and in 1825 was licensed to preach. He studied medicine in Paris a little later, and upon his return was employed for some time in his father's banking- house. In 1830 he was ordained as pastor at Arbirlot, where he remained seven years. In 1837 he was called to the pas- torate of old Greyfriars' Church in Edin- burgh. He was a popular preacher and it was his ambition to reach the poorer classes. For this purpose he opened the old Magdalen Chapel, and gave the poor the preference of the seats. In the dis- ruption of the Church of Scotland in 1843 he united with Dr. Chalmers and others of the Free Church. For some time after the rupture he preached to his congregation in a Methodist chapel. He undertook to open a " ragged school " in the basement of the new church built by his congregation, but the elders opposed the project. He then (1847) published his "Plea for Ragged Schools," and 1 Published in the Voice for Dec. 5, 1889. Haddock, George C] 201 [Haddock, George C. opened a large institution apart from any connection with a denomination or church organization. Other ragged schools were established elsewhere, patternedupon this. Forced to give up public speaking in 1864, he became editor of the Sunday Magazine, published at Edinburgh. Dr. Guthrie's active interest in the temper- ance reform dates from 1840, when, trav- eling in Ireland, he saw his car-driver re- fuse to taste whiskey at an inn because he was a teetotaller. " That circum- stance," said Dr. Guthrie, " along with the scenes in which I was called to labor daily for years, made me a teetotaller." He lectured often in support of the total abstinence movement, and in 1850 pub- lished "A Pica on behalf of Drunkards against Drunkenness." He also advo- cated the utter suppression of the drink traffic by law. He said : " We have cause to thank God for that act of Parliament by which, in answer to the voice of an all but unanimous people, the drinking- shops of Scotland were closed and all traffic in intoxicating liquors pronounced illegal from Saturday night till Monday morning We are not afraid to express our wish that the law of the Sabbath were extended to every day of the wesk, and all shops opened for the mere pur- poses of drinking shut — shut up, as a curse to the community, as carrying on a trade, not less than the opium shops of China, incurably pernicious." Dr. Guthrie published about 20 vol- umes, composed chiefly of sermons and republished extracts from the Sunday Magazine and Good Words. Some of the best-known of his works are: " The Gos- pel in Ezekiel," "The Saint's Inherit- ance," "The Way to Life," "On the Parables," "Out of Harness," "Speaking to the Heart," " Studies of Character," " Man and the Gospel," and " Our Father's Business." His books, includ- ing his " Autibiography and Memoir " by his sons (1874), have been republished in America. Haddock, George C. — Born at Watertown, N. Y., Jan. 23, 1832, and was murdered at Sioux City, la., Aug. 3, 1886. He was descended, on his mother's side, from Lorenzo Dow, the famous preacher. His father was locally known as "the learned blacksmith," having ac- quired a knowledge of Latin and Greek while working at the forge. George was reared under the best of influences, and he gave his support to the Anti-Slavery and temperance reforms as a matter of course. He was educated at Black River Institute under Prof. Boyd, author of a once popular text-book on Rhetoric. In 1852 he was married and in 1860 began his career as a Methodist Episcopal minister in the Wisconsin Conference. He was outspoken in his pulpit utterances against the drink traffic. In 1873 he was made Presiding Elder of the Fon du Lac district. In 1874, after delivering a temperance lecture at Sheboygan, Wis., he was brutally assaulted by three armed men. He received some heavy blows, but making a vigorous defense drove his as- sailants into a saloon. He immediately arranged to give another lecture in the same place despite the entreaties of his friends. He was long dissatisfied with the hos- tile or indifferent treatment of the tem- perance question by the old political parties, and as early as 1871 he declared: " For the last ten years I have acted mainly with the Republican party, simply because that party has been right upon questions which then assumed great pro- portions and demanded immediate settle- ment. These questions have been settled. I have long since ceased to hope for any- thing from any party as such until tem- perance men take such a decided stand as will command respect from the Re- publican politicians." In 1 884 he allied himself with the Prohibition party. In 1885 he was stationed at Sioux City, la., a town with 20,000 inhabitants, 15 churches, and about 100 saloons running in defiance of the State Prohibitory law. The saloon-keepers had threatened to burn the churches if their traffic was in- terfered with, and no one had the courage to fight them until Mr. Haddock began to arraign them from his pulpit. He signed petitions for prosecutions, lectured in surrounding towns and raised funds for the work in the face of the combined opposition of the city press, the Courts and the rumsellers. He issued a circular entitled " A City in Rebellion," addressed to the pastors of the churches in Sioux City and other towns, in which he de- scribed the situation with remarkable force and clearness and asked for finan- cial and moral support. The success of his efforts aroused the liquor men. About 9 o'clock on the evening of Aug. 3, 1886, he procured a horse and buggy from a pub- Haddock, George C] 203 [Hasheesh. lie stable in Sioux City, and in company with Eev.C. C. Turner drove to Greenville, a neighboring town, to secure evidence in the liquor cases then pending. About an hour later he returned to the stable alone, having left his companion at the latter's home. As he was crossing the street from the stable a crowd of brewers, saloon-keepers and roughs gathered about him, and one of them, John Arensdorf (as the evidence subsequently adduced indicated, in the judgment of most intel- ligent people), thrust a pistol into the preacher's face and fired a shot. Haddock fell, and he expired almost instantly. This cold-blooded murder made a pro- found stir throughout the country. Ee- ligious and temperance organizations in every part of the nation held meetings and adopted resolutions. The local authorities in Sioux City, however, were inactive. The municipal government was in the hands of the liquor element, and a considerable time elapsed before Arensdorf and his associates were appre- hended. Then the fact was made clear that the murder was the result of a de- liberate conspiracy. At a meeting of the Saloon-Keepers' Association of Sioux City, on Aug. 2, plans for " doing up " Had- dock and D. W. Wood (a lawyer con- nected with him in the liquor prosecu- tions) had been discussed, and Arensdorf had reminded the Association that there was $700 in the treasury, which could be used for rewarding the person doing "the job." The first trial of Arensdorf ex- tended from March 23 to April 17, 1887. The strongest evidence was presented and the Judge before whom the trial was had — C. H. Lewis — was above criticism ; but everybody looked with suspicion upon the jury. A verdict of acquittal was prevented only by the conscientious firmness of one of the jurors, J. D. O'Con- nell, who intimated that the other jurors had been bribed by the defense and that he had been approached by Arensdorf's representatives and requested to name his price. Another trial, held in November and December of 1887, resulted in acquittal. The jury brought in its verdict after a consultation lasting for only 10 minutes ; and then the jurors proceeded in a body with the accused murderer to a photo- grapher's and were photographed with Arensdorf in the center. The prosecu- tion's case was even stronger at this second trial than at the first, and in the interval Munchrath, one of the conspira- tors, had been convicted and lodged m jail. Arensdorf's escape was due to his prominence, to the weight of the influ- ences exercised in his behalf and to the contribution of large sums of 'money by liquor men who took an interest in secur- ing his acquittal. The other conspirators were ordinary ruffians — den-keepers and desperadoes for whom few cared to inter- fere. But Arensdorf was identified with the brewing interests ; and the brewers of the country, who backed their law- defying brethren in the Prohibition States, recognized that he had a legiti- mate claim upon them. The United States Brewers' Association, at its annual convention in St. Paul, May 30 and 31, 1888, formally declared, through its Board of Trustees : " With great pride and gratification we record the fact that the fanaticism of Iowa Prohibi- tionists was frustrated in at least one instance, namely, in the attempt to fasten the crime of murder upon Arensdorf, a member of our trade, twice acquitted of complicity in the murder of Dr. Haddock, of which our charitable and highly moral opponents endeavored to convict him at any cost." The events following the murder of Haddock brought about a reaction against the saloons in Sioux City, and it was not long before the Prohibitory law was com- pletely enforced there. (See Prohibi- tion, Benefits of.) [For further particulars about Haddock, the assassination and the first trial of Arensdorf, see the volume written by his son, Frank C. Haddock, " Hero and Martyr," New York, 1887.] Hasheesh — A narcotic preparation made in India, Turkey and other countries of the East from the leaves, flowers, resin and small stalks of the hemp plant. When used an intoxicating effect is pro- duced. Exhilaration, languor, sleep, visions, delirium, hallucinations and catalepsy are among the characteristic results. Enormous quantities of the drug are consumed by the Oriental peoples, and it is estimated that it is in general use among not less than 300,000,000 of the human race. Different varieties of the intoxicating products of hemp are bhang, prepared from the stalks and leaves; ganja, made from the flowers of the plant, and charas, the resinous exud- Hawkins, John Henry Willis.] 203 [Hayes, Lucy Webb. ation of the plant. (See India.) It was the custom of Eastern despots, when assigning to servants the duty of assassi- nating an enemy, to intoxicate them with hasheesh. "When in this state they were introduced into the splendid gardens of the sheikh and surrounded with every sensual pleasure. Such a foretaste of Paradise, only to be granted by their supreme ruler, made them eager to obey his slightest command; their lives they counted as nothing, and would resign them at a word from him." ' Hence, from " hasheesh," the word " assassin." Hawlrins, John Henry Willis. —Born in Baltimore, Md., Oct. 23, 1799, and died in Parkersburg, Aug. 26, 1858. A confirmed drunkard, he was reformed in 1840 through the efforts of his little daughter, and became the chief apostle of the Washingtonian movement. The " Washingtonians " originated in the con- version into a temperance society in April, 1840, of a Baltimore drinking- club, consisting of six men, who took a pledge not to drink " any spirits or malt liquors, wine, or cider," and called their organization " The Washington Temper- ance Society." Mr. Hawkins was re- formed two months later. He joined the Washingtonians and soon became their most powerful advocate. By the end of the year 1840 the society contained about TOO members, all reformed drinkers. An account of the work, published in the journal of the American Temperance Union by Rev. John Marsh, led to a re- quest from New York temperance men to Mr. Hawkins and some of his co- reformers to visit their city. They did so, addressing a meeting in New York on March 23. Twenty-one meetings followed and 2,000 drinkers signed the pledge, 334 doing so at a single meeting. On April 10 a similar campaign was begun in Boston, resulting in a Washingtonian Society which organized branch societies and carried the movement into 160 towns. Mr. Hawkins and his Baltimore associates travelled through various parts of the country founding societies and securing pledge-signers. By the end of 1841 at least 100,000 pledges had been taken, and more than one-third of them by con- firmed drinkers. A weekly newspaper 1 Encyclopaedia Brittanica, article on " Assassins." was established as the organ of the move- ment, and Martha Washington Societies, composed of women, were inaugurated. The order of Sons of Temperance, insti- tuted by 16 persons in New York City, Sept. 29, 1842, was also an offspring of the Washingtonian crusade, Interest in the reform began to decline after 1842, although Mr. Hawkins until his death continued to lecture on temperance, visi t- ing every State in the Union except California. A quarter of a million would be a low estimate of the number of habit- ual drinkers of intoxicants reclaimed, temporarily at least, through the instru- mentality of the Washingtonian agitation. Besides lecturing diligently, Mr. Hawkins contributed freely to the press. A " Life of J. H. W. Hawkins " has been published by his son, William G. Hawkins (Boston, 1859). Hayes, Lucy Webb, wife of Presi- dent Hayes ; born in Chillicothe, O., Aug. 28, 1831, and died in Fremont, O., June 25, 1889. Her father, a practising physician who served in the War of 1812, died dur- ing her infancy. In 1844 her mother removed with her children to Delaware, O., to give them the educational advan- tages offered by the Ohio Wesleyan Uni- versity. Girls were not at that time admitted to the regular course of study, but Lucy received instruction from the professors. In ] 8 47 she entered the Wesleyan Female College at Cincinnati, graduating in 1852. In December, 1852, she was married to Rutherford B. Hayes. She was with her husband in the Union Army during the Civil War, and devoted much of her time to the wounded, sick and furloughed soldiers. After the war, until her death, she was an active member of various organized charities. Throughout Mr. Hayes's official life, as Governor of Ohio for three terms, Mem- ber of Congress and President of the United States, she, as hostess, dispensed with wines and all alcoholic beverages, not even offering them to guests at public receptions. She was the first lady of the White House to banish intoxicants from the Executive Mansion, although Mrs. Grant had taken some commendable steps, especially in the direction of dis- couraging the serving of wines at New Year receptions. The rule established by Mrs. Hayes would have occasioned Heredity.] 204 [Heredity. less comment if it had applied exclusively to the private or semi-private life of the President's family ; but when extended to ceremonial dinners to foreign ambas- sadors and other dignitaries it excited wonder, opposition and malignant ridi- cule. The Secretary of State was partic- ularly strenuous in seeking to persuade Mrs. Hayes that it was an insult to the representatives of foreign nations not to offer them the wines they were accus- tomed to drink. But she was not swerved from her resolution. "I have young sons who have never tasted liquor," said she, explaining her course ; "they shall not receive from my hand or with the sanction that its use in our family would give, their first taste of what might prove their ruin. What I wish for my own sons I must do for the sons of other mothers." In recognition of Mrs. Hayes's attitude the National Woman's Christian Tem- perance Union placed in the White House (March 7, 1881) a portrait of her, for which she had sat at the Union's request. Heredity. — The heredity of form and features and the heredity of mental traits and character are unquestioned. The heredity of disease and diseased tenden- cies may also be observed in every com- munity. Recently it has been shown that criminality, pauperism, insanity, epilepsy and ' other allied characteristics or tendencies are transmitted, and can be cultivated and grown with as much certainty as plants or animals are bred and changed. Inebriety belongs to the same class, and has been recognized as hereditary for ages. On one of the monu- ments of Egypt there is a drawing of a drunken father and several drunken chil- dren, and the grouping conveys the idea that the inebriety of the parent was the direct cause of the children's disgrace. The references to inebriety and its he- redity in both ancient and modern times, by philosophers, physicians and states- men, would fill a volume ; and the briefest presentation of them would furnish a curious and most suggestive chapter of the growth of a great truth. The limits of this article will permit only a general outline of some of the leading facts that are regarded as established by authorities in this field of research. If the histories of 100 inebriates are studied and compared, the following gen- eral truths will be deduced : Forty per cent, of the 100 will be found to be children of parents who were either excessive or moderate drinkers; many of these parents used wine and beer only at meals, and probably their children shared the beverage with them, while others drank to excess at long in- tervals. In 20 per cent, of the cases the in- ebriety may be traced to the grand- parents, more frequently on the mother's than on the father's side, the heredity passing over one generation and appear- ing in the next. Often with this heredi- ty is found associated the form or features or some of the mental characteristics of the grandparent. The time of the de- velopment of the drink impulse may cor- respond to the age at which the grand- parent became a victim. The desire may remain dormant and give no evi- dence of its presence, then break out suddenly without any apparent exciting cause. In one case the son of an excellent clergyman whose training and life had been above reproach suddenly began to use spirits at the age of 28, and he died ten years later an inebriate. This was the exact history of his grandfather, whom he resembled closely. In another case a divinity student who had about finished his studies and had been a tem- perate, model man, coming from an ex- cellent family, all at once became intem- perate, ran away to sea as a common sailor, and died a low drunkard some years after. His grandfather, a merchant, had done the same, only at a later period of life. This persistence of hereditary intemperance and its seeming cessation only to appear in the next generation, is apparent in many very curious cases. The inebriety of another 20 per cent, will be clearly traceable to consumptive, insane, epileptic and feeble-minded an- cestors - nerve and brain-exhausted per- sons. It will be discovered that a certain number of the inebriates of this class had ancestors in whose ages there was con- siderable disparity. Thus the alcoholic tendency will be stimulated and intensi- fied to a marked degree in the offspring of a young mother whose father was an elderly man and in whose family there was some hereditary disease. Some au- Heredity.] 205 [Heredity. thorities assert that the union of persons whose ages vary over 20 years will, if one happens to be an inebriate or alco- holic of any kind, always produce insane and inebriate children - children who, as a rule, will become easy victims to delir- ium and be classed among the criminal inebriates. The intemperance of the persons mak- ing up the remaining 20 per cent, of the 100 inebriates may be attributed to in- juries, diseases, shocks, bad nutrition, bad surroundings, physical and mental contagions, etc. All students agree that fully 80 per cent, of the cases of inebriety are due and traceable, directly or indirectly, to inebriate or diseased ancestors. As al- ready indicated, these cases are divisible into distinct groups. The so-called direct heredities are the commonest. We have seen that fully 40 per cent, of all inebriates inherit their inebriety directly from their parents. In these cases there seems to be transmitted from parent to child some special ten- dency to use alcohol for relief, or some special taste for alcohol or craving for its effects. The brain and the nervous sys- tem appear to be most agreeably in- fluenced by alcohol, and to demand repe- titions of the pleasurable excitement. An organic condition is thus established, and the consequences are the creation of an organic memory and a lowering of cell and nerve vigor. The seeming relief that is obtained from alcohol is an organic revelation that is so impressive as to con- trol all future activity. In some instances a single glass of spirits may rouse up diseased impulses and tendencies, setting the brain aflame as a match kindles a pile of combustibles. In other cases each glass may promote a gradual degenera- tion of cell and nerve tissue, a degenera- tion that does not reach its consummation until a comparatively long period of time has elapsed. In such cases a special form of degenerative tendency has been transmitted, and alcohol is its peculiar exciting cause. The children of all in- ebriates, and frequently the children of moderate drinkers, transmit to their off- spring certain specific defects of cell and nerve growth, which generally betray themselves in the next generation in the same forms; yet the inherited taint may not be manifested in the first generation of descendants but may reappear in the second one in consequence of some pecul- iar cause. The person in whom the hereditary tendency is dormant may have an intimation of its presence. Many de- scendants of inebriate ancestors feel in- tuitively that they cannot or ought not to use liquor, and hence are abstainers; others, similarly descended, exhibit an intense disgust for alcohol, and others are profoundly indifferent to it. Such individuals abstain without effort, yet their children frequently become passion- ate lovers of drink. The direction of the alcoholic tendency is most frequently from mother to son and from father to daughter. The father's weakness finds reproduction in the feeble impulses and hysterical character of the daughter, who may not use alcohol, but will be an in- valid and drug-taker, and commonly be- comes at the end an opium inebriate; while her children (unless she marries a man remarkably free from all hereditary taints) will be inebriates. Her sons wiil receive legacies of alcoholic tendency and probably die early, and her daughters will be sickly and " defective." A drink- ing mother, or one who uses wine at meals or spirits in any form for the sup- posed tonic effects at different periods of life, persistently sows seeds of heredity from which inebriety and its allied, dis- eases will probably grow. A drinking father equally takes the risk of begetting descendants, near or remote, who will be inebriates, criminals and paupers. 1 If both parents use intoxicants freely, i The familiar case of the Jukes family may be again ad- verted to here. (See p. 142.) The ancestry of this family is traced to Max, a man who was a very hard drinker, and who hecame Mind. Many of his descendants for two fenerations were also blind, and a multitude of them in- erited his intemperance. One of the most notorious of his offspring was a woman named Margaret, of whose proceny Kichard L. Dugdale writes: "In tracingthe gene- alogies of 540 persona who descended in seven generations from this degraded woman, and 169 who were related by marriage or cohabitation, 280 were adult paupers, and 140 were criminals and offenders of the worst sort, guilty of seven murders, theft, highway robbery and nearly every other offense known in the calendar of crime." He esti- mates that the cost to the public of supporting this family of drunkards, criminals and paupers was $1,308,000. Eibot, in his work on heredity, gives the genealogy of the Chretien family. John Chretien, its progenitor (with the taint of robbery in his blood), had three sons, Peter, Thomas and John. Peter had a son named John Francis, who was condemned, for robbery and murder, to hard labor for life. Thomas had two sons, Francis and Martin, who were also condemned for murder, while the son of Martin was transported for highway robbery. John, the third brother, had a son named John Francis, whose wife belonged to a family of incendiaries. To this couple seven children were born, of whom the first was found guilty of seven robberies and died in prison, while the other six (including two daughters) all died in prison, ex- cepting the seventh, who was condemned to death for murder. Heredity.] 206 [Heredity. the descendants will inevitably be alco- holic consumptives or insane persons, or will have some form of brain and nerve disease. In some cases where alcohol has been prescribed medicinally for a long time as a tonic, especially after exhausting fevers or constitutional diseases, the children begotten will have a very marked alcoholic heredity. There are on record many instances of inebriety in children conceived soon after marriage (when the parents drank wine), although children born to the same parents later in life (when the parents abstained) were tem- perate. If the parent is intoxicated at the time of conception, the child is likely to be a victim to insanity, inebriety and idiocy. Mothers who indulge in intoxi- cants freely before the birth and during the lactation of their children impart to them impulses toward inebriety that in after years will obtain mastery if en- couraged by circumstances. During the critical periods of life — for example, the period of puberty, the period from 30 to 35 and the period from 40 to 45, — the tendency of persons descended from in- temperate ancestors to seek relief in drink is very strong. On the other hand, a subsidence of the drink mania in parents and children at certain periods of life is noted in many cases. Very young infants, the children of hard drinkers, frequently manifest a marked craving for spirits, and cease their cries when a few drops of liquor are administered. It has even been observed that little children have exhibited intense desire at the sight of bottles similar to the ones in which liquors are placed, and would not be satis- fied until given alcoholic stimulants. The great variety of very curious developments of the heredity of inebriety is almost be- wildering to the student, and establishes not only the general fact that inebriety is a hereditary condition but that it may be reproduced in the descendant under circumstances minutely resem- bling those witnessed in the case of the progenitor. A second group of heredities may be called the indirect, including cases of families in which, during one or two gen- erations, the inebriety of the ancestor bequeaths minor forms of insanity and various brain and nerve defects, but en- tails inebriety upon the second or third generation with or without any special exciting cause. In these families, though a particular generation may not be notice- ably cursed by the drink crave, all kinds of eccentricities will be betrayed: the individual members will have abnormal mental and physical characteristics, from which brain and nerve diseases will spring and grow rapidly; they will frequently be drug-takers, gourmands, "neurotics," etc. — always on the verge of serious and fatal disorders. In a case that Lstudied, that of a Hessian soldier, it was necessary to go back for five generations in order to fix the ancestral responsibility for the patient's inebriety. From our present knowledge it is hard to understand why it is that inebriety so often begets only milder allied diseases, which in turn be- get virulent types of inebriety, which again spend their force in a single genera- tion and give way in later generations to minor ailments; but the facts are too abundant to admit of dispute. A third group of heredities is made up of complicated or " borderland " cases — cases of persons to whose ancestors in- ebriety cannot be with certainty attribut- ed, but who are found to have been in- sane, epileptic or consumptive,— criminals or paupers, or in other respects degenerate individuals. A large number of all in- ebriates belong to this group, and their inebriety is but one outgrowth of the profound degeneration that overtakes and dooms innumerable families. This degeneration may be apparently arrested at times ; certain members of the family may betray marked individuality, genius, a high order of emotional sensibility, zeal for an idea, etc. But in succeeding generations insanity, feeble-mindedness, inebriety, consumption, criminality, pau- perism, etc., will wreck the heirs of this tainted blood. It is undoubtedly true that even in the most degraded families there is an element of vitality that offers combat to the degenerative principle and achieves temporary triumphs, which are strengthened by intermarriage with fam- ilies of purer blood ; but at best the force of corruption is merely neutralized for a time, and the advantages gained by the degenerate family are more than offset by the injury done to the better one. With the truth established that a con- stitutional tendency to inebriety and kindred diseases may be handed down from parent to children and children's Hewit, Nathaniel.] 207 [High License. children, it is needless to enlarge upon the terrible consequences to posterity that each drinker is engaged in sowing. Observe the direful results to individuals in typical cases of intemperance - the loss of health, character, position, wealth, integrity, morals, means of support and happiness; understand that these results are, in eight cases in ten, visited upon the wretched sufferers because of the con- scious or unconscious sins of ancestors, and all will be ready to grant that the evils entailed by drink through the laws of heredity may not be described in words too profuse or too vivid. T. D. Okotheks. Hewit, Nathaniel. — Born in New London, Conn., Aug. 28, 1788, and died in Bridgeport, Conn., Feb. 3, 1867. He graduated from Yale College in 1808 and began the study of law, but afterward decided to enter the ministry and attended Andover Theological Seminary. Licensed to preach in 1815, he first served the Presbyterian Church at Plattsburg, N. Y. In 1818 he became pastor of the Congregational Church at Fairfield, Conn., resigning in 1828 to become agent for the American Temperance Society, organized at Boston in 1826. Dr. Hewit had already, in 1827, prepared a " Re- port" of this Society containing 68 pages and giving the resolutions passed by various medical societies regarding the nature and effects of intoxicating drinks and the resolutions of different ecclesias- tical bodies. As agent of the American Temperance Society he visited the New England States and some of the Middle States, resigning the position in Septem- ber, 1830. He has been called the " Luther of the early temperance reform." In 1831 he visited England as the repre- sentative of the American Temperance Society, to attend the first public meeting of the London Temperance Society, held in Exeter Hall, June 29, 1831. He ad- dressed the meeting, and it was largely through his exhortations that the London Society changed its name to that of "The British and Foreign Temperance Society," with a view to enlarging its work." After visiting various cities in England and France Dr. Hewit returned to America and became paster of the 2d Congregational Church at Bridgeport, Conn., and afterwards of a Presbyterian church organized in the same place by his old parishoners, which he continued to serve until compelled by old age and feebleness to resign in 1862. High License. — The name given to that policy of American liquor legislation whose distinctive feature is the require- ment that individual liquor-sellers shall pay relatively large annual fees into the State, municipal or county treasuries. Many of the disinterested advocates of the High License programme insist that the term High License has a wider meaning and also covers accessory restrictions of all kinds — that it is merely a convenient generic name for all " improved " license acts. As a matter of fact, High License provisions are invariably accompanied by certain restrictions or prohibitions gov- erning the manner of sales; but such restrictions and prohibitions are inci- dental to all license laws, and the High License idea derives its special significance not from the restrictive principle proper (i. c, the principle of absolutely prohibit- ing sales to certain persons, during cer- tain hours and in certain places), but from the tax or revenue principle (i. e., the principle of taxing the traffic as a "' necessary evil " — taxing it up to the maximum attainable point, and drawing from it for the public funds the maxi- mum amount of revenue). The practical distinction between High License and restriction proper will be better under- stood from this statement: There is no organized opposition among temperance people to efforts for restrictions proper — • for Sunday-closing legislation, for the prohibition of sales to minors and drunk- ards, and at certain hours of the night, for limiting the number of saloons to one for 500 or 1,000 of the population, etc. — because such restrictions viewed by themselves are unconditional prohibi- tions, which operate (theoretically at least) against all sellers equally and which cannot be lawfully suspended, at any price, for the benefit of particular dealers ; on the other hand the High License principle is bitterly antagonized by nearly all the advanced temperance people, be- cause, however disguised, it is nothing else than a recognition of the liquor- dealer's claim that his traffic is entitled to rank with all other species of legitimate traffic provided he pays an imposing fee High. License.] 208 [High. License. to the State. In the case of a restriction proper the prohibitory doctrine is sug- gested, but in the case of a High License provision the idea of sanction for the traffic is dominant. The disposition to look with some favor upon restrictive acts while unsparingly condemning High License is therefore based upon principle first of all. CLAIMS FOB HIGH LICENSE. But High License is said to be a re- striction in practice — a more effective re- striction even (it is claimed) than is the prohibition of sales to minors or any similar provision. For the absolute pro- hibition of sales to certain persons, at particular hours, etc., when merely in- cidental to a license policy is very difficult of enforcement, since the public sentiment which consents to indiscriminate license is not likely to insist upon diligent police supervision of the details of the traffic ; while, on the other hand, a large in- crease in the license rate will inevitably re- duce the number of saloons and thereby bring the business within narrower limits. That is, incidental prohibitions do not ne- cessarily accomplish their purpose in prac- tice, but a High License provision works automatically, necessarily driving out of the traffic large numbers of dealers who cannot afford to pay the larger fee. Again, it is urged that High License is the most valuable of restrictions because by diminishing the number of drinking- places it simplifies the problem of police supervision and promotes the ability of the officials to enforce the various prohi- bitions of the statutes. Therefore it is maintained that High License is the most important instrument for compell- ing liquor-sellers to respect the conces- sions made by law to temperance senti- ment. Other claims made for this policy are that it will operate to exterminate the most objectionable saloons; that it will confine the traffic to men of responsibility and therefore, presumably, to men of better character; that by diminishing the aggregate number of liquor-dealers it will diminish the temptations to the drinker and consequently reduce the consumption of drink; that it will remove from polit- ical warfare the organized power of the more dangerous, demonstrative, ignorant and offensive rum element that is seen in active and constant operation so long as the laws bestowupon.it the right to exist; that by entrusting a comparatively few responsible men, under rigid conditions, with the privilege of selling liquor — that privilege to be purchased at a high money price and to be cancelled in case of viola- tions of the law, — the co-operation of these privileged licensees will be commanded by the authorities in their efforts to en- force wholesome restrictions and to sup- press unlicensed establishments ; that the first restriction of the liquor traffic by High License will make it comparatively easy to bring about a second and greater restriction, to be followed in time by more radical restrictions until the whole traffic is " taxed to death " and thus extinguished by progressive action instead of by a sudden (and not necessarily permanent) sentimental decree; that, meanwhile, the liquor traffic will be under the severest stigma attaching to any trade, and be pronounced by law to be so dangerous to the community as to require restriction at all points and the payment of enor- mous sums to the Government; and that the larger revenue will in a more satis- factory degree compensate the public for the evils resulting from the traffic. HISTORICAL REVIEW. The High License plan was not urged with any activity in the early years of the temperance agitation. This fact seems remarkable when it is remembered that the Prohibitory movement was suc- cessful (nominally at least) in more States during the decade 1850-60 than it has been in the three decades since 18G0. But the ingenuity of conservative people was not then fully developed. The prop- osition that the traffic was either right or wrong, and should be suppressed wholly or permitted to continue under compara- tively normal conditions, was then more willingly accepted. The Prohibitory sys- tem, where adopted, was not regarded as necessarily permanent, but as distinctively experimental, to be abandoned uncondi- tionally if not strong enough to hold its own. The willingness of liquor-dealers to pay heavy license charges rather than cease selling was not then apparent. At the time of the Prohibition agitation in New York, the annual saloon license fee in the chief city of that State was only $10. A law fixing a yearly rate of $300 or $1,000 would probably have been con- High License.] 209 [High License. sidered a greater innovation than entire Prohibition. The Federal Government had not then set an example to the States. There was no large tax upon the produc- tion of liquors ; a man could engage in the traffic in any of its branches with but little capital ; the organized liquor power as it is known to-day had not been created. The High License movement, as a feature of the temperance agitation, came into existence at about the same time that the Constitutional Prohibition idea at- tained prominence. Preparation for it had been made by a gradual raising of the license rates in many States. Up to 1880, however, a rate of $200 per year was considered high. The High License crusade dates from the enactment of the Nebraska " Slocumb " law in February, 188 1. It fixed minimum annual fees of 1500 for saloons in all towns having less than 10,000 population, and $1,000 in those containing more than 10,000 in- habitants, and established numerous re- strictions of a very rigid nature. The enactment of the Downing law of Mis- souri followed in March, 1883, fixing the yearly license charges at $50 to $200 for State purposes, and $500 to $800 for county purposes— a minimum of $550 and a maximum of $1,000. In the same year (in June) the Illinois Legislature passed the Harper law, under which minimum rates of $500 for the sale of all kinds of liquors and $150 for the sale of malt liquors only ware fixed. Since then many of the other license States have re- quired the saloon-keepers to pay relatively large sums — notably Massachusetts,where the minimum license rate for the ordinary saloon selling all kinds of liquors for con- sumption on and off the premises is now $1,300 per year; Minnesota, where the minimum rates are $500 for towns and $1,000 for cities; Pennsylvania, where the uniform rate for each city is $500; the new State of Montana, where $500 is charged in towns having 3,500 inhabitants or more; the Territory of Utah, where the minimum charge is $600 and the maximum $1,200, and several Southern States like Arkansas, Texas and West Virginia, where the aggregate fees ex- acted range from $500 upward. (For the license provisions prevailing in the va- rious States, see Legislation.) The first High License legislation un- deniably originated with thoroughly rad- ical temperance men, believers in the principlo of Prohibition, who honestly thought they were making a serious at- tack upon the traffic. The framers of the Nebraska act were John B. Finch, H. W. Hardy and other temperance leaders equally earnest. The Missouri law was passed as a compromise measure, to defeat the Prohibitory bill pressed by John A. Brooks and his aggressive followers, but it was looked upon by many as an important step in the direc- tion of Prohibition. In Illinois the Harper law was also welcomed by ad- vanced men. " When our Illinois Legis- lature adopted the High License law," writes Samuel W. Packard of Chicago, " I was greatly rejoiced. I thought it was a long step towards Prohibition. I tried to get up a celebration Over the great victory for temperance, and offered to contribute $10 towards fireworks for the occasion." * Similar gratification and confidence have been expressed by tem- perance leaders upon the enactment of High License in other States. Very moderate measures have called forth en- comiums from some of the foremost friends of Prohibition : for instance, the Scott law of Ohio, fixing the maximum saloon tax at $200 per year for places sell- ing all sorts of liquors, and $100 per year for those selling beer and wine exclusively, was commended in the warmest terms by Dr. Theodore L. Cuyler. (See p.107.) It was several years before the High License programme was regarded with decided suspicion by the Prohibitionists, but by 1886 a general distrust was felt, and ever since then active hostility has been mani- fested. Opposition to High License is now as much a part of the Prohibition creed as opposition to the saloon itself. PROHIBITION" OPPOSITION' — TEST QUES- TIONS. In justification of this antagonism the- Prohibitionists, besides declaring that High License in principle is simply a variation of the license idea with which they are at war, present an indictment against the policy on practical grounds that seems to be conclusive. This indict- ment contradicts every claim made by High License advocates, save only the claims that a reduction in the number of saloons will be effected by an honest trial J The Voice, Jan. 19, 1888. High License.] 210 [High License. of their programme, and that an increase in the revenue from the traffic will be gained. High License legislation is shown to have no genuine temperance value and to be incapable, even under the most favorable circumstances, of produc- ing encouraging temperance results. And it is not a failure merely in the sense that restrictions proper are failures; it is condemned as an obstructive de- vice, more dangerous than any other compromise yet tried, and the most ef- fective policy that can possibly be resorted to by the forces that seek to defeat or defer Prohibition. Any statistical inquiry concerning the fruits of High License experiments from the temperance point of view must be based on certain test questions like these : Has the number of arrests for drunken- ness and disorderly conduct been re- duced, or is that number comparatively smaller in High License communities than in communities where low rates of license prevail ? How do the total num- bers of arrests for all causes compare in High License and low license communi- ties ? Is there any evidence that the quantity of liquor consumed has been diminished under High License ? No satisfactory inquiry has been conducted under official auspices, but private in- vestigators have amassed a great deal of testimony that stands unchallenged. The most important evidence is that printed by the Voice, of which we present some of the main features. In 1889 the Voice sent letters to the police and other officials of every import- ant city of the United States in which the annual saloon license fee during 1888 was (1) in excess of $500 or (2) under $200. Statistics sufficiently complete to justify classification were received from 41 of the High License cities and 38 of the low license cities. Every report was treated with perfect impartiality. In the following table the Voice's figures of ar- rests and license fees for 1888 are copied, but the population returns are for the year 1890, specially obtained from the Census Bureau in February, 1891. 00 . "'a o a fo o to 33 COS a o o a O o . .2 -a J 3 CQ ■ C o o o 313 CD £&t %.% §<=«; a a ^1 "'•Hi & Ch O'S Om (a) 25,133 8i,ooo 45 559 11,667 (a) 31,836 in) 14,733 (a) 19,750 «rt 25,887 (a) 354,457 ( 22,836 (a) 61,437 In) 22,355 (A) 806,343 Does not include 678 vagrants and tramps. « Approximate « Nine months' record 'The fig- ures of arrests for disorderly conduct in Omaha do not include 1,113 for " disturbing the peace by fighting "484 " suspi- cious characters," 63 " using obscene language," 2,608 " vagrants "or other similar arrests usually classified with " dis- ordCTly " In order to be strictly fair to High License Omana, we have not counted these offenses, although they should undoubtedly be counted. (ns of these ancient Greek medical writers, and that the advance of tested hygienic and therapeutic agents has constrained men of eminence, who could hazard fidel- ity in taking their stand against the social drinking customs, to repeat, and with growing emphasis, the warnings of these men, whose science entered into the philosophy that culminated in the schools of Plato and Aristotle, and that ruled both the Roman kingdom and Re- public, as Pliny traced it, from Numa to the Catoes. Opening the volumes of Plato, the fact is significant that he makes the philosophy of his books on " Laws " turn upon the discussion of the principle that had ruled legislation in repressing habits of intemperance. Three advocates of special systems, the Spartan military rule of forcible punishment, the Athenian freedom ruled by education, and the balanced Cretan system, recognizing the necessity of both combined, all tend to " Prohibition," at once inculcated in childhood and enforced by legal enact- ment, as well as by public sentiment prompting to personal abstinence from intoxicants. This discussion fills the first two of Plato's 12 books, since truth on this question of legislation establishes the piinciple of all legislation against vice and crime, intemperance being the chief source of all vices and crimes. The Historical, etc.] 230 [Historical, etc. Spartan states that Sparta's law banished intoxicating wine from festal banquets, and so guarded public order. But the barbarity of pure military rule is seen in the method of awakening disgust at intemperance by the custom afterwards thus stated by Plutarch: "Sometimes they made the helots drink till they were intoxicated, and in that condition led them into the public halls, to show the young men what drunkenness was." The Athenian, after long discussion, at last admits: "Shall we not lay down a law in the first place that boys shall not taste wine at all till they are 18 years of age?" — thus proposing a prohibition against the sale of intoxicating liquors to "minors." Finally, while urging still that moral sentiment should rule mature men, the penalty of loss of office ruling in political appointments, the Athenian allows that enactments to this effect should be made and enforced : " That no one when in camp is to taste of that drink, but to subsist on water during all that period ; that in the city neither a male nor a female servant should ever taste it; nor should magistrates during the year of their office, nor pilots, nor Judges when engaged in their official business, nor any citizen who goes to any council to deliberate upon any matter of moment." Going yet farther, since the idea of personal liberty and of sumptuary laws, always urged by dealers in intoxi- cants, was rife in Athens as it is in American cities, the Athenian adds : " Many other cases one might mention in which wine ought not to be drunk by those who possess mind, and share in framing laws: so that, according to this reasoning, there is to no state any need of many vineyards, but other kinds of agriculture should be required by law, and those providing every article of diet." No American can read these illustra- tions and conclusions urged by the ablest minds the world ever produced, whose wisdom all succeeding generations have recognized, and not be struck with the fact that Prohibitory law, a just defence from the illegitimate claim of a few un- scrupulous dealers that they have a right to make money by corrupting youth, seduc- ing husbands, impoverishing fathers, compelling the chief and worst service of police, exacting the main tax on all citi- zens for the support of Courts, — that Prohibitory law is demanded by justice, by duty to families and by the safety of the very life of communities. This ancient philosophy took final form in the treatises of Aristotle on Ethics, Pol- itics and Economics, whose sway ruled the Koman Eepublic and guarded for centuries its virtue. Aristotle's definition is given as the clue at the opening of this historic survey. In his " Meter- eorics," from whose treasures of ancient physical science Sir William Hamilton has drawn, Aristotle makes various state- ments as to the properties of wines. After speaking of different liquids, as of water completely evaporated by heat and of milk converted into whey and curd (iv, 3), he says (iv, 7): "There is a cer- tain wine, the unfermented gleukos, which may.be both congealed (pegnutei) by cold and evaporated (epsetai) by heat," statements which settle the doubt whether unfermented wine has existed, and at the same time prove that it was sought by Greek sages and physicians as a safeguard against intemperance. In his " Problems " he asks : " Why are persons much in- toxicated stupefied, while those slightly intoxicated are like madmen ? Why do men stupified by wine fall on their backs, while men crazed by wine fall on their faces ? Why are wine-drinkers made dizzy, and their vision affected ? Why are persons fond of sweet wine {gleukon oinon) not wine-bibbers (oinophlyges), or overcome by wine ? " Among hygienic questions are these: " Why are those who drink wine slightly diluted subject to headaches, while wine much diluted pro- duces vomiting and purging ? Why do those who drink undiluted wine have more headache next day than those who drink diluted wine ? Why does wine greatly diluted produce vomiting, while wine alone does not ? Why does sweet wine counteract the effect of undiluted wine ? Why is oil beneficial in intoxica- tion ? " No wonder men of science see the mastery of facts in the very questions of Aristotle. His replies indicate logical induction from facts, as this suggestion on the last question : " Because oil is diuretic, and prepares the body for the discharge of the liquor." In his " Ethics," Aristotle states this double law of temper- ance as abstinence from intoxicants : " By abstaining from sensual indulgences we Historical, etc.] 231 [Historical, etc. become temperate; and when we have become so, we are best able to abstain from them," — which double law he ap- plies to varied indulgences (B. ii, c. 2, sections 6, 7, 8), insisting that bodily re- straint must be enforced by the physical restraint of law. As to the criminality of inebriates, he writes thus : " He who is under the influence of drunkenness is seen to act not through ignorance, but with ignorance" (iii, 7 : 15). In his " Politics," he states that " public tables" or eating-houses are to be con- trolled by statutes (vii, 12), and he urges that the Spartans erred as to the end sought, making "war and victory the end of government," and that hence in peace the spirit of indulgence went to ex- cess. Hence Aristotle urges that as parents restrain first the bodily acts of children, and then give moral precepts, so Prohibitory statutes should " restrain the appetites for the sake of the mind " (vii, 15). " Temperance " was understood by the voluptuous Herod, listening to John, the herald of Jesus. It ruled in Jesus from the hour he made "fresh wine," like " fresh fruit " (kalon designating both), till the night he initiated his supper in the cup filled with " the fruit of the vine; " and though sleepless till morn, and faint when on the cross, " when he tasted the wine " offered him, he " would not drink of it." This "temperance" is the antidote for the sin of drunkenness that is constantly urged in the preaching and the writings of Paul addressed to men of all nations, while the medical knowledge of Luke, his constant compan- ion, as a Greek physician, and the divine inspiration of the great Christian apostle, were reciprocally interchanged. It guided the thought and prompted the duty of faithful Christian leaders in each succeed- ing century; as a careful study of their writings and their direct citations in meet- ing corruption in courts and heathen pop- ular customs abundantly show. Such preachers and teachers were Irenacus in Southern France and Justin and Clement at Alexandria (Egypt) in the 2d Century ; Zeno in Northern Italy, Tertullian at Carthage and Origen at Alexandria in the 3d Century ; Hilarius in France, Am- brose in Italy, Lactantius, the teacher of Constantine's sons, and Chrysostom, the court preacher at Constantinople, Basil in Asia Minor, Ephiphanius in Cyprus, Eusebius, the church historian, and Cyril in Palestine, Athanasius at Alexandria and Arnobius at Carthage, that galaxy of master-spirits raised up together in the 4th Century to meet the worldly spirit that was crowding into the Christian churches under the first Christian Em- porers ; and again, Theodoret on the Eu- phrates, Jerome in Palestine and Augus- tine at Eome and Carthage, needed in the 5th Century to echo and add to the voices of the past. It awoke again in the Middle Ages, when Popes and Bishops, monks and evangelists were called to stem the tide of the " heavy-headed rev- elry " pictured by Shakespeare in his " Hamlet," growing out of demoralizing customs hereditary in Germany from the days of Caasar and Tacitus; customs of Central Europe against which Charle- magne struggled by moral appeal and by Imperial edicts. These reasonings are embodied in the volumes of Thomas Aquinas, master of all learning, Hebrew, Christian and Mohammedan, Grecian, Ro- man and ecclesiastical; who, as the great teacher of the century, goes back to Aris- totle, translating as authoritative entire treatises. That same science and philosphy enter into the modern legislation of Europe; Montesquieu in his " Spirit of Laws," and Eollin in his "Ancient History," going back to the same authority in rousing the spirit of political and religious reform which has led the ablest statesmen to be- come abstainers from intoxicants, and to inaugurate restrictive laws tending more and more to the Grecian science and the Roman virtue that ruled for centuries in Prohibitory statutes. The successive steps of English political reform, traced by Whewell, the author of the *' History of the Inductive Sciences," in his " Pla- tonic Dialogues " and his " Morality and Polity," directly back to the Grecian philosophy of Aristotle, so far as they re- late to laws for overcoming intemperance, brought together in a prize essay by James Smith, M. A., of Scotland (published at London in 1875), indicate that Grecian and Roman prohibitive statutes are " natural," and hence " divine law." Under the reign of Henry VII, from 1485 to 1509, an act of Parliament (11 Henry VII) was passed, providing : " It shall be lawful to two Justices to reject and put Historical, etc.] 232 [Holland. away common ale-selling in towns and places where they think convenient." On this principle of practical philosophy, under Edward VI, in 15.32 (5 and 6 Ed- ward VI), statutes of enforcement were added, whose effective agency is thus cited in the instructions to the Lord Keeper and his aids by the Circuit Judges in 1602, late in the reign of Elizabeth: " That they should ascertain for the Queen's information how many ale-houses the Justices of the Peace had pulled down, so that the good Justices might be rewarded and the evils removed." In 1839 Lord Brougham, in the House of Lords, urging the enforcement of these old statutes, used almost the very lan- guage of the Grecian and Roman reason- ing, exclaiming : " To what good was it that the Legislature should pass laws to punish crimes, or that their lordships should occupy themselves in improving the morals of the people by giving them education ! What could be the use of sowing a little seed here and plucking up a weed there, if these beer-shops were to be continued, that they might go on to sow the seed of immorality broadcast over the land ! " The thorough student of American polity, founded, as recognized by English, French and early American statesmen, on the very model of Grecian science and Roman jurisprudence, must be self- blinded if he does not see and accept the logic of Prohibitory as well as restrictive laws as to the unmitigated public evil of intemperance. Under Elizabeth and James I, at the very origin of the first American colonies, Lord Coke's spirit, first as Speaker of the House of Commons, then as Chief-Justice of the Court of Common Pleas, and finally as Chief- Justice of the King's Bench, had instilled into the minds of the people of England the ideas of representative 'government, which the leaders in all the colonies carried with them. Under Louis XIV, Montesquieu in his " Esprit des Lois " (issued in 1748) had traced back to Aris- totle's principles the moral power, the popular " virtue," secured under the long- lived Roman Republic, gradually over- shadowed by the military rule of North- ern Europe in the Middle Ages, but re- gained most fully in the British Govern- ment, ruled as it then was under George II by the will of the people's representa- tives in the House of Commons. That " spirit of laws," as certain to rule as gravity in preserving stable insti- tutions, has ruled and must rule Ameri- cans. To confirm and emphasize this fact, Paley, writing during the American Revolution, had no other resort in oppos- ing the American spirit than directly to deny the principles of Aristotle as to popular representative rule ; while in striking contrast Whewell, the author of the " History of the Inductive Sciences," in his " Morality and Polity," issued about the time of the war for American Union, begins by re-affirming the science of Aristotle; while, also, Gladstone in England and Guizot in France have in their profound studies avowed the con- sistent rule of that science in American polity. In legislation against intemper- ance, Grecian science, Roman virtue and British precedents assure the equity and therefore the triumph of Prohibitory statutes. G. W. Samson. Holland. 1 — About 40 years ago a Dutch clergyman, Rev. Dr. Adema von Scheltema, became interested in the tem- perance movement in England. Taking the pledge himself he immediately set to work to spread the cause among his coun- trymen. He has translated into Dutch numerous temperance books and pam- phlets, including Dr. Richardson's " Tem- perance Lesson-Book," a copy of which is now to be found, with the Bible, in every prisoner's cell in Holland. In a recent letter he says that the number of hymns and songs translated by him is in excess of 1,400. These include most of San- key,'s, Philip Phillips's, G27 hymns for the Dutch Sunday-schools in America, and the hymns used in the juvenile branch of the Good Templar Order. Dr. Schel- tema adds that he is beginning to reap some fruits from his long labors. Tem- perance work has been inaugurated among the children of the various local- ities, but the aversion to administering the pledge to them is so strong that it is difficult to effect organization. A lady. Miss Velthuysen, is performing excellent work in this field, gathering the children together and instructing them about the effects of alcohol upon the human system. 1 The editor is indebted to Miss Charlotte A. Gray of Belgium, and to Joseph Malins of Manchester, Eng. Home Protection.] 233 [Hops. She received the first impulse from the Woman's Christian Temperance Union of the United States and has been great- ly encouraged and aided by the Band of Hope Union of England. The early movement in the Continental countries against the "abuse" of the stronger liquors, resulting chiefly from the efforts of Robert Baird, had some de- velopment in Holland. In 1842 a " Vereeniging tot Afschaffing van sterken Drank," or Temperance League, was started, but not on a total abstinence basis ; and it still has a nominal existence, .with Baron de Lynden as a leading spirit. In consequence of the efforts of this society and other influences, a law similar in some respects to certain so-called restrictive measures in the United States was enacted. At that time Holland had no less than 40,000 dramshops licensed to sell spirits. The new law provided that many of the licenses should be discontinued, and that upon the death of license-hold- ers their houses should not be re-licensed, and that unmarried women, all persons in the employ of the Government, all brothel-keepers, etc., should not receive licenses to sell liquors. Within two years 12,000 drinking-places were closed, and the number of dramshops was reduced from one for every 89 inhabitants in 1880 to one for every 125 inhabitants in 1882. In 1887 the aggregate number had been still farther reduced to 28,000 — a decrease of 19,000 in seven years. The reduction is to continue until the year 1901, when it is estimated that only 12,000 will re- main, or one to 250 inhabitants in vil- lages and one to 500 in the larger towns. But while the number of rumshops has been reduced fully 40 per cent., there has been no considerable diminution in the quantity of liquors consumed. From the year 1860 the consumption per capita steadily increased until 1877, when it reached the maximum point. The follow- ing figures of the per capita consumption are official: Spirits, Beer, Wine, liters, liters, liters. 1800 C 12 3 1877 10 20 2 1886 9 20 2 Home Protection. — This term, as applied to the temperance movement, originated in 1876, when Miss Frances E. Willard, then Corresponding Secretary of the National Woman's Christian Tem- perance Union, used it as the title of an address before the Woman's Congress in St. George's Hall, Philadelphia, to indicate woman's ballot as the most potent weapon for Prohibitionists. The address was re- peated with amplifications at Henry C. ■ Bowen's 4th of July celebration at AVood- stock in 1877, and was published in the. Independent and also in a " Home Pro- tection Manual," of which Miss Willard gave away 12,000 copies. The Home Protection movement, as it was called, spread through the W. C. T. U. ; and every National Convention of that or- ganization since 1877 has made some expression favorable to woman's ballot, demanding enfranchisement not so much as a matter of abstract right as for the sake of advancing home protection by saloon destruction. In 1882 the old-line Prohibition party held a convention in Farwell Hall, Chicago, in response to a call in which the names of John B. Finch, George W. Bain, A. J. Jutkins and Frances E. Willard were associated with those of Gideon T. Stewart and other pioneers in the party agitation. The demand for woman's ballot, always a feature of the Prohibition platform, was repeated and emphasized, and the name of the party was changed to " Prohibition and Home Protection Party," Miss Wil- lard and Mrs. Sallie F. Chapin being made members-at-large of its National Committee. At Pittsburgh in 1 884, the words " Home Protection " were dropped from the party's name, greatly to the regret of many women. But the princi- ple represented by the movement was not repudiated. The term " Home Protection " has a wider significance, however, than that given it by its application to the particu- lar movement above alluded to. It ex- pressively defines one of the main pur- poses of all Prohibitionists, whether supporters or opponents of Woman Suffrage. Hops. — The flowers of the female hop plant {Humulus Lupulus). Hops are now considered indispensable in the brewing process — at least in any honestly- managed brewing process, — although they were not systematically cultivated for brewing purposes until near the begin- ning of the 17th Century. They check the acetous fermentation, and impart to Hops.] 234 [Hunt, Thomas Poage. the beer the bitter aroma that is relished by drinkers. The stupefying effect of malt liquors is produced chiefly by the hops. The beers richest in hops are the ones most esteemed by connoisseurs: hence larger quantities of hops are used in export beers than in any other kinds. Substitutes for hops are employed by dishonest brewers, especially highly poisonous alkaloids like strychnine and picrotoxine. Picric acid is also a com- mon substitute. C. A. Crampton, in a very conservative report on adulterations of liquors made to the United States Department of Agriculture in 1887, says: " Picrotoxine and picric acid have un- doubtedly been found in beers, and probably more cases of such adulteration would occasionally have been discovered were it not for the difficulty of the analy- sis and the small quantity of matter required for imparting a bitter taste." x The total domestic beer product of the United States is now about 25,000,000 bar- rels annually; and since 2 lbs. is a moder- ate estimate of the amount of hops needed for making a barrel of beer, it is apparent that the aggregate consumption of hops in this country should be at least 50,000,- 000 lbs. annually, if our brewers use honest methods (see Farmers). There are no official returns of the annual hop- crops. In 1880 there were 26,546,378 lbs. of hops grown according to the Cen- sus ; the imports in that year amounted to 497,243 lbs., and the exports to 9,001,- 128 lbs , leaving 17,952,493 lbs. consumed by United States brewers. It is estimated that in 1889 the hop- yield of the United States was about 36,000,000 lbs. 2 During the year ending June 30, 1889, we. imported 4,176,158 lbs. and exported 12,589,262 lbs. of domestic hops and 284,344 lbs. of foreign hops. The principal hop-growing State is New York, which in 1380 yielded 21,628,- 931 lbs. of the entire product of 26,546,- 378 lbs. The New York counties of Oneida, Otsego, Schoharie and Madison produce more than half of the whole crop of the country. The States of California, Oregon and Washington, which in 1880 produced 2,391,725 lbs., now rival New York: in 1889 these three States grew 1 Report of the Department of Agriculture for 188", p. 193. 2 " Tariff Reform " Documents, vol. 3, No. 7. about 16,000,000 lbs., as against 18,000,- 000 in New York. The other States in which hop culture is of some importance are Wisconsin, Michigan, Vermont, New Hampshire, Pennsylvania and Maine. Official returns show the hop-yields for several European countries in recent years to have been as follows : a 1885. 1886. lbs. lbs. Great Britain 57,037,040 86,9*8,128 Germany 73,195,145 66,584,432 France 10,891,606 9,071,709 Austria 12,796,380 10,852,144 Netherlands 403,442 709,881 Humphrey, Heman. — Born in West Simsbury, Conn., March 26, 1779, and died in Pittsfield, Mass., April 3, 1861. He graduated from Yale College in 1805. He was pastor of the Congregational Church in Fairfield, Conn., for ten years and held the same position in Pittsfield, Mass., for five years. In 1813 he drew up a report to the Fairfield Association of Ministers which is believed to have been the first temperance tract published in America. He was elected President of Amherst College in 1823, and continued in that office until 1845. In 1810 he preached a series of six sermons on in- temperance, and in 1813 published in the Panoplist six articles on the "Cause,Origin, Effects and Kemedy of Intemperance in the United States." His " Parallel be- tween Intemperance and the Slave-trade " was an able arraignment of both evils. The " Debates of Conscience with a Dis- tiller, Wholesale Dealer and Eetailer " was widely circulated. As early as 1833 he opposed all license laws. " It is as plain to me," he said, " as the sun in a clear sum- mer sky, that the license laws of our country constitute one of the main pil- lars on which tjie stupendous fabric of intemperance now rests." Hunt, Thomas Poage. — Born in Charlotte County, Va., in 1794, and died in Wyoming Valley, Pa., Dec. 5, 1876. He studied theology and was licensed to preach in 1824. In 1830, after holding the pastorates of several churches in Vir- ginia and North Carolina, he accepted the position of Agent for the North Car- olina State Temperance Society. He re- moved to Philadelphia in 1836, and to Wyoming Valley, Pa., in 1839. From 3 Report of the United States Department of Agriculture for 1888, pp. 472-3. Idaho] 235 [Idiocy. 1840 to 1845 he was agent for Lafay- ette College." He was a pioneer in the temperance lecture field, and during the earlier years of the movement he traveled through Pennsylvania and parts of the other Middle States, preaching and de- livering addresses on intemperance. Through his persuasions Dr. Charles Jewett was induced to become a public advocate of temperance. His exposure of frauds in the liquor traffic, published in 1839, created a stir. He had pro- cured from London a number of brew- ers' guides and receipt-books, and his revelation of some of the secrets of the trade shocked the consumers and disgust- ed the vendors of alcoholic beverages, his exposures of liquor adulterations being probably the first authentic ones made in this country. Originally a slave- holder, Mr. Hunt had emancipated his slaves long before the Civil AVar, and at its outbreak, although advanced in years, he entered the army as chaplain of a Pennsylvania regiment. In this position he was enabled to reform many soldiers from the drink habit. In later years he was familiarly known as " Father Hunt." Idaho.— See Index. Idiocy. — The detrimental action of alcohol extends to every part of the hu- man organism, and its influence upon the brain betrays itself by the well-known mental symptoms of intoxication. The proximate cause of those symptons is the congestion of the cerebral blood-vessels and their pressure upon the delicate tis- sue of the brain. Confusion of ideas and the stupor following the crisis of the stimulant-fever subside after the partial elimination of the poison, but leave an after-effect which is apt to become cul- minative and hereditary. The mem- branes of the brain, by the frequent repe- tition of alcoholic congestion, become thickened, the blood vessels distorted and often so brittle that they are liable to be ruptured and induce apoplexy or that habitual mental torpor and disinclination to intellectual efforts so characteristic of habitual drunkards. In its hereditary transmission, that deterioration of the cerebral organism often assumes the form of permanent idiocy. " We have a far larger experience," says the physiologist Carpenter, " of the results of habitual al- coholic excess than we have in regard to any other nervine stimulant, and all such experience is decidedly in favor of the hereditary transmission of that ac- quired perversion of the normal nutrition of the nervous system which it has in- duced. That this manifests itself some- times in a congenital idiocy, sometimes in a predisposition to insanity which re- quires but a very slight exciting cause to develop it, and sometimes in a strong craving for alcoholic drinks which the unhappy subject of it strives in vain to resist, is the concurrent testimony of all who have directed their attention to the inquiry." In a report to the Massachusetts Com- mission on Idiocy, Dr. S. G-. Howe states that " out of 359 idiots the condition of whose progenitors was ascertained, 99 were the children of drunkards. But this does not tell the whole story by any means. By drunkard is meant a person who is a notorious and habitual sot. ... By pretty careful inquiry, as to the number of idiots of the low- est class whose parents were known to be temperate persons, it was found that not one-quarter can be so considered." Judge R. C. Pitman, in quoting the in- sanity statistics of eastern North Amer- ica, justly remarks that the suggestive- ness of such reports is even more omi- nous than their direct significance. " If in so many cases idiocy was produced," he says, " in how vastly many more is there reason to believe that degrees of degeneracy falling short of this recog- nized status resulted ! When idiocy is reached, then comes extinction; but through how many generations and with what wide-spread collaterals may imbecil- ity of the physical, mental and moral nature, or of all combined, propagate it- self ! " That conjecture is confirmed by the verdict of the best modern authorities on the causes of mental diseases. Dr. H. Morel, in his work on Human Degener- ation ('■' Des Dogencrescences de 1'Espece Humaine"), attributes the marasmus of modern civilization chiefly to "the abuse of alcoholic liquors and of certain nar- cotics, such as opium. Under the influ- ence of these poisonous agents there have been produced perversions so great in the functions of the nervous system that the result, as we have demonstrated, Illinois.] 236 [Illiteracy. is the chief factor of degeneration in modern times, whether in its direct in- fluence or by hereditary transmission in the child." In a memorandum upon "Alcohol as a Cause of Vitiation of Human Stock," Dr. Nathan Allen re- marks that " A prolific cause of degener- ation is the common habit of taking alcohol into the system, usually as the basis of spirits, wine or beer. ... If this process is often repeated, the lower propensities are strengthened by exercise until, by and by, they come to act automatically, while the restraining powers, or the will, weakened by disuse, are practically nullified. The man is no longer under the control of his volun- tary powers, but has come under the sway of automatic agencies which oper- ate almost as independently of his voli- tion as the beating of his heart. . . . Moreover the children of parents whose systems were tainted by alcoholic poison do start in life under great disadvantage. While they inherit strong animal propen- sities and morbid appetites and tenden- cies, constantly craving indulgence, they have weak restraining faculties." Before the Parliamentary Committee on Habitual Intemperance, Dr. E. E. MitcheU re- corded this condition, that the " children of habitual drunkards are in a larger pro- portion idiotic than other children, and in a larger degree liable to the ordinary forms of acquired insanity, — ('. e., the insanity coming on in later life." It is a suggestive fact that in at least 70 of 100 cases, hereditary insanity is transmitted from male ancestors, i. o5 a Sd *p „ €ft -4 S K t= > iii «t CJi £ o to -i -j t-t o C» oa OS Sg s * o -1 -I is €0 © -i a e» H 3 * ,_, o © to CO 3 > $ CO -_ ft K 05 p e* o -1 — . •& Ss s £ -7 -1 -7 -7 -1 OS o o p £ £ s O The only countries from which we re- ceive considerable quantities of malt li- quors are England, Ireland, Germany, Scotland, Austria-Hungary and Canada, the values of malt liquors imported from these countries in 1889 having been: England, $772,311 ; Ireland, $384,083; Germany, $125,022; Scotland, $40,125; Austria-Hungary, $26,517; Canada, $12,- 129. The other countries shipping beer to us were: Mexico, $819; Sweden and ' See note to preceding table. Imports and Exports.] 239 [Imports and Exports. Norway, $472 ; France, $211 ; Nether- lands, $162; Denmark, $108; Belgium, $10; Cuba, $8; Hawaiian Islands, $7, and Newfoundland $6. In the import trade in spirits and spir- ituous compounds, nearly every country with which we have commercial relations is represented. In 1889 the total imports of brandy were valued at $1,076,265 ; and from France alone the brandy imported had a value of $977,318. The imports of brandy from England were valued at $40,372, from Belgium at $17,873, from Canada at $14,276, from Germany at $10,734 and from the Danish West In- dies at $4,513. The following table gives the values >of distilled liquors (including brandy) for the countries from which the importations in 1889 exceeded $5,000: France $1,101,050 England 190,052 Netherlands 153,850 British West Indies 108,434 Germany 76,812 Scotland 58,947 Belgium 40,595 Canada 39,702 Ireland 38,805 China 32,743 Cuba 15,045 Danish West Indies 14,332 Italy 12,317 Hong-Kong 8,955 Austria- Hungary 7,577 Switzerland 6,474 All other countries 13,797 France also leads in the import trade in wines. The champagne imported from France in 1889 was valued at $3,991,358; while the champagne imported from all other countries had a value of only $263,055, of which that imported from Belgium was valued at $167,045, that from Germany at $45,698 and that from England at $41,725. Even in still wines France takes the lead, having sent us $1,074,520 worth in 1889, although Ger- many was a close competitor, ship- ping still wines valued at $1,070,203. The following table includes all the coun- tries from which wines valued in excess of $5,000 were imported in 1889 : France $5,065,878 Germany 1,115,901 Spain 682,427 Belgium 196,887 England 191,756 ItaTy 136,737 Austria-Hungary 105,205 Portugal 89,545 Netherlands 31,466 Cuba 30,127 Azore, Madeira and Cape Verde Islands 12,436 Canada 11,908 Switzerland 6,401 All other countries 30,098 No foreign liquors of any kind, intended for general beverage use, 1 are allowed to enter the United States free of duty, although no duty is charged on spirits manufactured by United States distillers, shipped to foreign ports to delay payment of the Internal Revenue taxes and then brought back. In 1888 there were 2,636,756 gallons of such spirits brought back, valued at $2,686,- 414; and in 1889 there were 1,933,712 gallons, valued at $2,027,844. The duty on ale, beer and porter is 40 cents per gallon when the liquor is in bottles or jugs, and 35 cents per gallon when in casks. A duty of $2.50 per proof gallon is charged on alcohol, on brandy, cordials, liqueurs, arrack, absinthe, kirschwasser, ratafia, whiskey, gin, rum, etc. On champagne and all other sparkling wines in bottles the rate of duty is $2 per dozen half-pint bottles, $4 per dozen pint bottles and $8 per dozen quart bottles. Still wines (including ginger wine or ginger cordials or vermuth) pay 50 cents per gallon when in casks and $1.60 per dozen quart bottles when in bottles. Besides liquors, the United States levies customs duties on various materials required by liquor manufacturers. Bar- ley pays 30 cents per bushel; barley malt, 45 cents per bushel; chemicals, different rates, separately fixed for different ar- ticles; casks, 30 per cent.; bottles con- taining sparkling wines, brandy or other spirituous liquors, from 1 to \\ cent per lb.; glucose, f cent per lb.; hops, 15 cents per lb. ; rice (flour, meal and broken), i cent per lb.; prune wine and other fruit juice not specially enumerated, 60 cents per gallon if containing not more than 18 per cent, of alcohol, and $2.50 per gallon if containing a larger percentage. Cider pays 5 cents per gallon. '' EXPORTS. The liquor export trade is of smaller dimensions than the import business. The following table shows the quantities 1 Liquors imported by foreign ministers to the United States for their own use are, however, admitted duty free, as are liquors " for the use of the United States." 2 All the rates of customs duty given above are those charged under the new tariff in force Oct. 6, 1890. Under the former tariff ale, beer and porter paid 35 cents per gal- lon when in bottles, and 20 cents when in casks; distilled liquors, $2 per gallon; sparkling wines at the rate of $7, and still wines $1 60 per dozen quart bottles; barley, 10 c:nts per bushel ; barley malt, 20 rents per bushel; casks, ^5 per cent., glucose, 20 per cent.; hops, 8 cents per lb.; prune wine, etc., 20 per cent, ; cider, 20 per cent. Imports and Exports.] 240 [Imports and Exports. and values of domestic liquors exported during the year ending June 30, 1889 : Quantities. Values. Malt Liquors: 375,059 170,059 $575,089 50,307 625,396 $78,615 115 524,509 1,081,347 362,688 170,827 Spirits : Pure, neutral or cologne, proof galls 276,726 141 445,589 1,292,329 383,805 294,840 Bourbon Whiskey, proof Eye Whiskey, proof galls . . All other, Wines : Not in bottles, galls 2,693,430 7,311 372,350 $2,218,101 $33,000 236,488 $269,488 3,112,985 Besides domestic liquors, there were exported in 1889 foreign liquors of these values: .Malt liquors, $3,995; spirits, 149,755; wines, $68,020. In the following table, the quantities and values of domestic liquors exported are given for a series of years : i-j. CO JO CO 8 § Cuiq GjCtq ci, era & -l. ca CO CO w ^ C7I - L 00 Ol w oo •£> to a> I §> 3 5 All the malt and vinous liquors ex- ported are shipped to foreign countries for sale. These exports are increasing mate- rially.- The largest part of the American beer and wine product goes to the countries of the North and South American con- tinents, Central America and the neigh- boring islands. Of the exports of beer in 1889, valued at $625,496, all but about $30,000 worth was taken by these countries and islands. There is a considerable de- mand for our beer in the black Eepublics of Hayti and San Domingo, and for our wine in the Hawaiian Islands. The exports of distilled spirits are not bona fide exports, considered as a whole. They include large quantities of whiskey shipped temporarily to foreign ports, with the purpose of leaving them there for a time, and then bringing them back, the object being to postpone payment of the United States Internal Ee venue taxes. The seemingly large decline in the ex- ports of spirits since 1880 is due partly to a decrease in the quantity of whiskey so shipped and partly to an almost complete disappearance of the European demand for American alcohol and raw spirits, this disappearance being occasioned by the cheapness of the German product. The ports to which most of the American whiskey is sent for temporary storage are Hamburg, Bremen, Liverpool, West In- dian ports and Honolulu. In 1889 the total exports of bourbon and rye whiskey amounted to 1,676,134 proof gallons, of which 1,366,393 proof gallons were sent to Germany, 174,841 to the British West Indies, 40,955 to England, 32,960 to the Danish West Indies and 18,416 to the Hawaiian Islands — making a total of 1,633,565 proof gallons, or 97 per cent, of the entire exports of bourbon and rye whiskey, and more than 60 per cent, of the exports of spirits of all kinds. Of the bona fide exports of American spirits, a very large percentage goes to heathen lands to be used in trade with the savages. The item " Eum," in the statistical tables of exports, stands almost exclusively for spirits of the most fiery and vilest nature. Below are given the quantities and values of rum shipped from the United States in 1889 to all countries : 1 1 Even the export trade in this wretched rum shows a marked decline on account of German competition. The following figures show the total exports of rum to British Africa for the years named: 1885, 794,311 gallons; 1S86, 737,650 gallons; 1 887, 632,986 gallons ; 1888, 690,237 gallons; 1889, 202,619 gallons. I. O. of Good Templars ] 241 [I. 0. of Good Templars. Destination. Proof Galls. Values. French Possessions in Africa and ad- 94,389 401 135,749 5,150 1,609 202,619 50 5,580 42 $113,261 371 157,999 1,545 820 244,405 50 6,000 58 British West Indies British Possessions in Africa and Spanish Possessions in Africa and All other islands and ports 445,589 $524,50!) Of these 445,589 gallons of rum, 302,- 588 gallons went to African ports. This entire export trade in rum had for its sole object the corruption of aborigines, for not a gallon of the quantity sent to Africa has been returned. J. C. Fernald. Independent Order of Good Templars.— This is the most wide- spread international organization based on total abstinence and Prohibition prin- ciples. It was founded in central New York in the summer of 1851, and soon spread into other States and Canada. In May, 1855, representatives of the Grand Lodges of New York, Pennsylvania, Can- ada, Iowa, Indiana, Kentucky, Michigan, Missouri, Illinois and Ohio, in session at Cleveland, 0., organized the Eight Worthy Grand Lodge as the supreme governing body of the Order. There are now branches throughout the civilized world — in every State and Territory of the United States, in every Province of Canada, in England, Wales, Ireland, Norway, Sweden, Denmark and other countries of Europe, in India, China, Japan, Africa, Australia, New Zealand, Tasmania, the Sandwich Islands and in numerous islands of the ocean. The Right Worthy Grand Lodge has jurisdiction over the whole Order. But during the period from 1876 to 1887 the Order was divided. At the annual con- vention at Louisville in 1876, there were differences of opinion on the negro ques- tion, the representatives from Great Brit- ain and Ireland and those from the United States taking opposing views. Two distinct Right Worthy Grand Lodges were accordingly set up, and the separation continued until each branch exercised authority over about 300,000 members. John B. Finch, as the head of the American branch, set for himself the task of reuniting the Order, and at Saratoga, in 1887, his labors were crowned with success. Since then perfect har- mony has prevailed, and the influence' and prosperity of the Order have steadily increased. There are at present about 90 Grand Lodges and 12,000 subordinate Lodges, having a membership (male and female, including juveniles) of more than 600.000. Not less than 400,000 drinking men have taken the pledge under the auspices of the Good Templars. The obligation sub- scribed to by each member is for life, and is as follows : " No member shall make, buy, sell, use, fur- nish, or cause to be furnished to others, as a beverage, any spirituous or malt liquors, wine or cider ; and every member shall discounte- nance the manufacture, saje and use thereof, in all proper ways." The following is the '■ platform of principles," adopted in 1859 : "1. Total abstinence from all intoxicating liquor as a beverage. " 2. No license in any form, or under any circumstances, for the sale of such liquors as a beverage. " 3. The absolute Prohibition of the manufac- ture, importation and the sale of intoxicating liquors for such purposes, — prohibited by the will of the people, expressed in due form of law. with the penalties deserved for a crime of such enormity. " 4. The creation of a healthy public opinion upon the subject by the active dissemination of truth in all the modes known to an enlightened philanthropy. " 5. The election of good, honest men to administer the laws. "6 Persistence in efforts to save individuals and communities from so direful a scourco, against all forms of opposition and difficulty, until our success is complete and universal." The present chief officers (1890) are: Right Worthy Grand Templar, William W. Turnbull, Glasgow, Scotland; Right Worthy Grand Counselor, Dr. Oron- hyatekha, Toronto, Can. ; Right Worthy- Grand Vice-Templar, Mrs. P. E. Finch,. Evanston, 111.; Right Worthy Grand Superintendent of Juvenile Temples,. Mrs. A. A. Brookbank, Jeffersonville,. Ind. ; Right Worthy Grand Secretary,. B. F. Parker, Milwaukee, Wis.; Right Worthy Grand Treasurer, W. Martin Jones, Rochester, N. Y. The following are the names of those who have held the position of Right Worthy Grand Templar since the begin- ning of the Order: James M. Moore of Kentucky, 1855-6; S. M. Smith of India.] 242 [India. Pennsylvania, 1856-7 ; 0. W. Strong of Illinois, 1857-8; Simeon B. Chase of Pennsylvania, 185S-63; Samuel D. Hast- ings of Wisconsin, 1863-8, 1873-4; Jon- athan H. Orne of Massachusetts, 1868-71 ; John Eussell of Michigan, 1871-3; John J. Hickman of Kentucky, 1874-7, 1879- 81 ; Theodore D. Kanouse of Wisconsin, 1877-9; George B. Katzenstein of Cali- fornia, 1881-4; John B. Finch of Illinois, 1884-7; W. W. Turnbull of Glasgow, Scotland, 1887. B. P. Parker, E. W. G. Secretary, I. 0. G. T. India. 1 — The history — or modern his- tory — of the drink curse in India dates from the introduction of the British Ex- cise system near the close of the 18th Century. Previously to the era of British dominion, the inhabitants of India were among the most abstemious of peoples. Though the ancient use of intoxicants in connection with religious worship and as a social custom is mentioned in the Vedas, Puranas, Tantras and other sacred books, and though intemperance is attributed even to some of the gods of the Hindus, the moralists and lawgivers sternly and steadfastly condemned indul- gence in alcoholic liquors. In the Bud- dhist scriptures and also in the Mohamme- dan Koran strong drink is prohibited. The earliest Europeans visiting India testified to the freedom of the people from the vice of intemperance. The fermenting process was undoubtedly known in very distant ages, fermented liquors b3ing made from the juices of the soma and sura; but it was reserved for the Christain English to sanction and foster a traffic and a vice that had been discountenanced and repressed by Hindu and Mohammedan rulers alike. THE BRITISH EXCISE POLICY. The British Government in India in- augurated its Excise policy in 1790, but for 30 or 40 years comparatively little liqusr was sold. Until Sept. 19, 187S, all the distilleries were owned and operated by the Government, under what was known as the Sudder (or District) Still system. The sole object was to pro- duce revenues, and it was thought the distilling business would be most profit- 1 The editor is indebted to Wallace J. Gladwin, Miles, la.; Mrs. Emma Brainerd Ryder, Bombay, India, and Mrs. Mary Clement Leavitt. able if operated by the Government itself. Under this system the revenue finally reached considerable proportions — in excess of $10,000,000 annually; but the authorities were not satisfied, and a new scheme was devised. On Sept. 19, 1878, the new measure, or Abkari act as it was called, was published by the Government of Bombay. At first it applied only to the Bombay Presidency, but it is now in force over all India, ex- cepting a few small districts under native rule. Its distinctive feature is the " Out Still " system. The right to operate dis- tilleries in competition with the Govern- ment is sold at public auctions to the highest bidders. The successful bidder in each locality may distill as much liquor as he chooses, and of any kind and quality, free from Government super- vision. But the revenue from private distillers, though the chief element of the Excises, is only one element. All the sap-bearing palm trees of India — trees yielding juice from which fermented liquor is made and spirits are distilled, — are taxed by the Government; the right to draw the sap is farmed out to the highest bidder, and nobody — not even the owner of the trees — can extract sap without a Government license. Licenses to sell liquor at retail are also sold to the highest bidder. Thus the Excise policy of India is based on the High License principle exclusively. And like the High License legislation of the United States it is an entire success as a revenue measure. In the year 1873-4 (before the Afckari act went into effectl, the drink revenue in the whole of India was £2,300,000 ; in 1878-9 it was £2,600,000; in 1883, £3,609,000; in 1884, £3,836,000; in 1885, £4,012,000; in 1886, £4,152,000, and in 1887, £4,266,000. 2 Details of the increase in revenue in particular parts of India are even more appalling. Statistics given by W. S. Caine and Samuel Smith in the British House of Commous, March 13, 1888, show that in eight years the in- crease was 135 per cent, in Bengal; in the Central Provinces it was 100 per cent, in 10 years, etc. In Ceylon the revenue from drink is almost 14 per cent, of the total revenue. " The Government are driving this liquor trade as hard as they can," said Mr. Caine. " Collectors' 2 Intemperance in India, by Bishop J. F. Hurst, Cen- tury Magazine for July, 1889. India.] 243 [India. find it the easiest way to increase their contribution to the revenue, and for years they have been stimulating the consumption of liquor to the utmost. If the Government continue their present policy of doubling the revenue every 10 years, in 30 years India will be one of the most drunken and degraded countries on the face of the earth/' In the same debate Sir G. Campbell said the Excise revenue was " the only progressive revenue of India, and had been going up by leaps and bounds." The Government of India, however, merits commendation for making none of the virtuous pretensions that are ad- vanced by the High License politicians of the United States. The officials frankly declare that they are interested in the revenue solely, and not in the promotion of temperance. In 1888 the Finance Minister for India used the following language in the Legislative Council: "I look hopefully to a considerable increase in the Excise revenues, and believe that a great deal might be done in Northern India by the introduction of the methods which in Bombay and Madras have so powerfully contributed to the increase of revenue under this head." In Bengal the Government applauded 16 collectors who had largely increased the liquor sales in their districts. In the vicinity of Bombay a movement was started among the country people against the use and sale of liquor, whereupon the magistrate had eight of the leaders im- prisoned. In reporting this tyrannical act to the Secretary of State in London, the Government of Bombay said: "The question for decision is, shall we sit quiet and allow the temperance movement in the Colaba District to continue and to spread, and thereby forfeit a large amount of revenue, or are measures to be adopted which will bring the people to their senses ? " Such facts as these moved Mr. Caine to say in Parliament, April 30, 1889: "All moral considera- tions are swamped in the effort to obtain revenue," and " the worst and rottenest Excise system in the civilized world is that of India." SHOCKING RESULTS. This conclusion was voiced by Parlia- ment itself, in more cautious but highly significant language. The following resolution, though warmly opposed by Salisbury's Tory Ministry, was passed by the House of Commons on the same day (April 30, 1889) : " That, in the opinion of this House, the fiscal system of the Government of India leads to the establishment of spirit distilleries, liquor and opium shops in large numbers of places where till recent'y they never existed, in defiance of native opinion and the protests of the inhab- itants, and that such increased facilities for drinking produc3 a, steadily increasing con- sumption, and spread misery and ruin among the industrial classes of India, calling for imme- diate action on the part of the Government of India with a view to theft abatement." With so striking an expression of opinion delivered by a legislative body under the control of a powerful Conserva- tive majority, it goes without saying that the results of the High License policy from a temperance point of view have been shocking in the ext:eme. All authorities are agreed in tesifying that intemperance has made great strides in India under the Abkari act. Sap-gather- ers, distillers and retail liquor-dealers alike have every incentive to corrupt the populace and sell as much liquor as possible: each licensee pays the maxi- mum price for the privilege of doing business, with the express understanding that his license is subject to revocation if, at its expiration, some more anxious competitor outbids him ; therefore he has the strongest reasons for stimulating the consumption of liquor to the utmost limit. The holy city of Benares (with its out- lying district), according to the Abkari, monthly organ of the Anglo-Indian Temperance Association, consumed 158,- 356 gallons of spirits in 1887. The pop- ulation of Benares city and districts was 892,684; yet the district of Gorukpore, with a population of 2,617,120, consumed only 57,571 gallons in the same year. Tuese figures illustrate how the people of , India, even in the regions where native " customs and religion are apparently strongest, are being corrupted by the English drink traffic. Under vigorous pressure from the public, the Government appointed a com- mission to inquire into the effects of the Excise system. Although many of the officials attempted to minify the evil con- sequences, the reports were filled with painful details. " The habit of drinking India.] 244 [India. has extended to all classes," said the Commissioners of Patna. "Enormous increase of drunkenness," stated an in- spector. " The quantity of liquor drunk on holidays is immense," replied another, and similar testimony might be adduced almost without limit. The missionaries freely make such statements as the following: Archbishop Jeffries, 31 years in India: "For one really converted Christain as the proof of missionary labor, the drinking prac- tices of England have made a thousand drunkards;" Eev.. Dr. Phillips: "Our schools for the poor are frequently broken up by the rising flood of intem- perance. Our bazaar congregations are often disturbed by drunken fellows, and the work of preaching the gospel is much hindered. Our teachers, pupils, preach- ers and others are by no means proof to the dire temptations of strong drink ; " Dr. Reichel : " A cry of horror rises from all mission fields at the ruin wrought by intoxicating liquor." The Government-licensed rum is of exceedingly vile quality. Nearly all the liquor manufactured is called "country Spirits," " a drink so cheap and poison- ous," says the Banner of Asia, " that ovei every licensed house for the sale of it a Government notice is placed, 'No Euro- pean soldier allowed here.'" 1 In the fiscal year 1887-8, the total Excise revenue of Bengal was 6,456,144 rupees, of which 5,205,122 rupees, or more than 80 per cent., came from the- tax on this terrible " country spirits." (A rupee is worth about 50 cents.) REFORM EFFORTS. Despite all discouragements there are many earnest temperance laborers in India, and their efforts are bearing fruit. Missionaries, merchants, native gentle- men, manufacturers and a few Govern- ment officials have contributed to the cause. A recognized leader is Rev. J. G. Gregson, whose services in promoting total abstinence in the British army in India for 25 years were aided and eom- 1 The liquor sold is a fiery, stifling, poisonous spirit, and a heavy penalty is awarded to any keeper found sell- ing it to an English soldier. To the debauched intellects of the persons in the Indian Government responsible for these iniquities, the life of the English soldier is valuable because of his costliness to the State, whilst that of the native coolie is valueless, and tnere are no scruples to ob- taining revenue from his death through these licensed poisons — Banner of Asia, September, 1889. mended by the highest officers. No per- son has had larger opportunities to study the question ; and he declares that British licensed liquor "will be a curse to the Empire more destructive in its conse- quences than the heathen customs of their [the natives'] forefathers," and that the Excise regulations and drinking habits are "crimes of equal magnitude with those caused by sutteeism [burning alive of widows], infanticide and fanaticism." An aggressive and well-edited temperance and Prohibition monthly, called the Ban- ner of Asia, is published at Tardeo, Bom- bay. The " United Committee for the Prevention of the Demoralization of Native Races by the Liquor Traffic," is an influential English organization that devotes much attention to India, head- quarters being at 127 Palace Chambers, London (Rev. J. Grant Mills, Secretary). The Anglo-Indian Temperance Associa- tion works exclusively for temperance reform in India; the President is Samuel Smith, M. P., and the Secretary W. S. Caine, M. P., and the offices are at No. 2 Storey's Gate, S. W., London. Dr. Emma Brainerd Ryder of Bombay, representing the World's Woman's Chris- tian Temperance Union, is now (1890) circulating petitions to the British Gov- ernment asking that the Excise system be abolished and that all persons be prohib- ited from taking sap from the palm trees. Pundita Pamabai, the distinguish- ed Hindu woman, has engaged actively in the temperance work since her return from America. OPIUM AND HASHEESH. It was India that produced the opium which England forced upon China at the cannon's mouth. (See China.) But the British authorities have not until recently encouraged the consumption of opium among their own subjects. Now opium for native use is grown, manufactured and retailed under Government sanction; and the same is true of the equally noxious preparations familiarly known by the general name of hasheesh, made from the Indian hemp. The consump- tion of these drugs is increasing at a frightful rate, and the revenue from them is already large. During the fiscal year 1887-8, the revenue of the Bengal Government from opium was 2,107,638 India.] 245 [Indians (North American). rupees, and from preparations of the Indian hemp, 2,292,012 rupees. "All opium in India," says a highly intelli- gent Indian writer. " is derived from two sources, thnt grown in the Native States, and that grown by the license of the Indian Government, manufactured in the Government factories and sold by Government officials. With regard to the opium grown in the Native States, all, or nearly all, of this is produced for the China market, and the Indian Government levies a very heavy transit duty. The Native States are unner British control and completely sur- rounded by British territory. At every railway station on the borders of these States, an In- dian Government official is kept with a pair of axles, and all opium coming from these States on the way to Bombay, etc.. for shipment to China is weighed and the duty paid to him before it is allowed to proceed farther. Any one even possessing this native opium in India with. >ut having paid the duty is liable to 1,000 rupees fine and one year's imprisonment, under Section 9 of the Opium act of 1878. ' With regard to the opium produced directly by the Indian Government, the plan pursued is that the Indian Goverment licenses certain men to grow the poppy. It then advances money to these men in order to enable them to do this, and to keep them entirely in its power. When the poppy is ripe the cultivator makes slits in the head of the plant from which a white juice ex- udes. This turns to a black hard substance by exposure to the air and is scraped off the plant, and carefully collected, and sold to the Indian Government at a fixed rate (about 3 rupees a pound). If the cultivator sells a drop of the juice to any one else but the Government, he is liable to 1.000 rupees fine and one year's im- prisonment, under Section 9 of Act No. 1 of 1878 (the Opium act >. The Indian Government having bought the hardened juice, transports it to great factories at Patna ami elsewhere, man- aged by Government officials and guarded by Government soldiers, where it is made ready for use. Large quantities are sent to China, into which country it was at first smuggled by great East Indiamen (vessels bristling with can- non like men-of-war), but is now imported under treaties wrung from the Chinese by several bloody wars. But these Government factories are also now sending out large and increasing quantities for use in India. In that case it is sent to the ' Collectors' of the various diftricts, who are also magistrates. These Collectors are the wholesale dealers in the drug, and sell it to the contractors. The contractors are forced under a heavy fin? to sell a certain quantity in their district. If the contractor does not sell as much as he promised to do when he took the contract, he forfeits a heavy sum, and if another man comes and says, ' I will sell more than this contractor,' the contract is given to him. Thus the trade is encouraged and pushed by the Government, and the damnation of the people speeds apace. . . . " On the 2d of July last (1889), I went to the Null Bazar, Bombay, a great native market, where food, grain, vegetables and meat are sold. I saw a stall licensed by Government, with three divisions, a man seated in each, all three men weighing out the opium in its raw state as fast as they could, to a continuous stream of cusiomers — men, women and children. . . . There are eleven such shops in Bombay. . . . We were informed that the opium contractor in Bombay is bound down to forfeit 3,000 ru- pees if he fails to sell the quantity contracted for. . . . '• In licensing ganja, bhang, charas and majum, the four noxious preparatious of the Indian hemp, the Christian Government of India places itself on a much lower moral plane than the Mahommedan Turkish and Egyptian Govern- ments, which most stringently prohibit them. The use of these drugs centers in the worship of Mahadeva or Shiva, the vilest and most licen- tious idol of the Hindu Pantheon. In precisely the same way as the Christian asks the blessing of his Heavenly Father on his wholesome food, so does the licentious slave of the products of the Indian hemp invoke his filthy god, before partaking of the above four poisons, licensed by the Indian Government. As with opium, so with the preparations of the Indian hemp, there are houses specially licensed by the Government for the sale of the drug. There is a stall in the largest food-market of Bombay, the Crawford Market, at which there is sold bhang, charas and ganja, the three principal products of the Indian hemp, and nothing else," l Indiana. — See Index. Indians (North American). — The Government of the United States pro- hibits absolutely the sale to Indians on reservations of any intoxicating bever- ages. No trader is allowed to traffic in them, and any person who surreptitiously sells or gives liquor of any description to Indians, whether it is done on or off a reservation, is liable to a fine of $300 and two years' imprisonment. The Indian Bureau uses all diligence to enforce these laws, but in spite of every effort the evils of intemperance among the Indians are very great. Nothing, perhaps, stands more in the way of their progress in civilization, or is more hurtful to them in all respects, than the use of strong drink. The records of the Indian Office abound in facts to illustrate this general statement. Not all Indians, by any means, are addicted to the habit of drinking. Many of them are total abstainers, some from principle, others from necessity; but the evils of drinking are greatly intensified among them by the vile character of much of the stuff that is furnished to them. They are still further aggravated 1 Banner of Asia, September, 1889. Indians (North American).] 246 [Indians (North American). by the improvident character of this people, and their readiness while under the influence of intoxicants to fling reason and self-control to the winds, and give loose rein to all their vile passions. It is a distressing fact that while great efforts are being put forth to induce the Indians to lay aside their savage customs, become civilized and adopt the " white man's ways," so many white men are ready to supply them with that which sinks them even lower in the scale of being than savagery. It is sadder still that army officers, Indian agents, physi- cians and even teachers, sometimes set the Indians examples of drunkenness. » There are many practical difficulties in the way of the effectual enforcement of the Government Prohibitory laws on Indian reservations. The 250,000 In- dians are scattered over a great territory of nearly 190,000 square miles, making it well-nigh impossible to police such a region with any force. The police force at the disposal of the Indian Office is in- adequate and inefficient. The opportuni- ties for evasion are many, and the facili- ties for detection are few. It should be said, however, that a large number of the agents and other employees of the Indian service are not only men of sobriety, but are zealous in co-operating with the cen- tral office in preventing just as far as possible the liquor traffic. As the Indians are fast becoming citi- zens, the importance of the proper in- struction of the rising generation in tem- perance principles is urgent and cannot be over-estimated. Every Indian school should have a temperance organization and should be equipped with an abun- dance of appropriate temperance litera- ture. Every teacher and every other em- ployee on a reservation should be an out- and-out temperance man or woman, whose daily life will be an object lesson of the principles inculcated. Thus, and thus only, can the Government laws be of any avail, or the fearful evils of intemperance ^mong these people be lessened. T. J. Morgan". (United States Commissioner of Indian Affairs.) Historical Note? — Unlike the natives of Mexico and South America, the North American Indians never made alcoholic liquor of any kind. " It is very certain," says Heckewelder, " that the processes of distillation and fermentation are entirely unknown to the Indians, and that they have among them no intoxicating liquors but such as they receive from us. The Mexicans have their pulque and other in- digenous beverages of an inebriating nature, but the North American Indians, before their intercourse with us com- menced, had absolutely nothing of the kind." 2 Distilled spirits were given to the Indians by nearly all the European pioneers. The unknown drink was at first taken with hesitation and fear, and then was eagerly craved and constantly demanded. One of the best-supported of Indian traditions, says Heckewelder, relates that the name of Manhattan Island (New York) is corrupted from Manaliachtanienk, meaning in the Dela- ware language, " The island where we all became intoxicated." 3 The fondness of the Indians for spirits encouraged unscru- pulous traders to use rum as the chief medium of exchange in their dealings with savages having furs and other val- uable articles to dispose of. In some instances the shocking results appealed to philanthropic feelings and caused persons in authority to prohibit the giving of liquor to Indians. The refusal of William Penn and ihe Friends to take advantage of the appetites of the natives is one of the most memorable of these instances. As early as 1685, the Yearly Meeting of Friends for Pennsyl- vania and New Jersey adopted the follow- ing minute : "This meeting doth unanimously agree and give as their judgment that it is not consistent with the honor of truth, for any that make pro- fession thereof, to sell rum or any strong liquors to the Indians, because they use them not to moderation but to excess and drunken- ness." In New England also it was made un- lawful to provide the Indians with strong drink. The Massachusetts Colony in London in 1629, in a letter of instruc- tions to Governor Endicott, said : " We pra}- you endeavor, though there be much strong water for sale, yet so to order it as that the savages may not, for our lucre sake, 1 The information here given is derived chiefly from ' Alcohol in History," by Richard Eddy, D. D. (New York, 188T), pp. 75, 177-86. 2 History, Manners and Customs of the Indian Nations, etc., by Rev. John Heckewelder, chap. 36. » Ibid., pp. 71-4, 262. Indians (North. American).] 247 [Inebriate Asylums. be induced to the excessive use, or rather abuse of it; and at any time take care our people give no ill example ; and if any shall exceed in the inordinate kind of drinking as to become drunk, we hope you will take care his punishment be made exemplary for all others." One of the earliest laws of the colony, passed in 1633, directed that " No man shall sell or (being in the course of trade) give any strong water to any Indians." 1 But in 1644 this prohibition was modified, the following curious order being pro- mulgated : " The Court, apprehending that it is not fit to deprive the Indians of any lawful comforts which God alloweth to all men by the use of wine, orders that it shall be lawful for all who are licensed to retail wines to sell also to In- dians." 11 This discrimination in favor of wines did not work, and in 1648 it was ordered that " only one person in Boston be allowed to sell wine to the Indians." 3 In 1657 a return was made to the origi- nal law, it being decreed that " All per- sons are wholly prohibited to sell, truck, barter or give any strong liquors to any Indian, directly or indirectly, whether known by the name of rum, strong waters, wine, strong beer, brandy, cider or perry, or any other strong liquors go- ing under any other name whatsoever." 4 The Prohibitory regulations of Ogle- thorpe in Georgia (1733) against the im- portation and sale of distilled spirits were of great benefit to the Indians and promoted friendly relations between them and the whites. But the neighboring colony of South Carolina sanctioned the rum traffic, and " the enforcement of the law among the Indians in Georgia," says Prof. Scomp, " was scarcely thought of." 6 " Of all other causes,''' said a contempo- rary writer, "the introduction of spirit- uous liquors among them [the Indians], for which they discovered an amazing appetite, has proved the most destruc- tive." 6 In every stage of the sad history of the Indians, whiskey has been probably the chief agent in the work of corruption and extermination. There is no other 1 Massachusetts Colony Records, vol. 1, p. 16. 2 Ibid, vol. 2, p. 85. 3 Ibid, vol. 2, p. 358. 4 Ibid, vol. 3, p. 435. 5 King Alcohol in the Realm of King Cotton, by H. A. Scomp, Ph. D., p. 118. • A Historical Account of South Carolina and Georgia (London, 1779), vol. 3, p. 279. truth better established than this in the annals of the North American continent. Indian Territory. — See Index. Inebriate Asylums. — The theory that inebriety is a disease has been sup- ported for centuries by physicians, phil- osophers and statesmen, but the world has lot been ready to accept it until very recently. Near the beginning of the present century Dr. Rush of Philadel- phia advocated the building of special asylums for inebriates; and Dr. Wood- ward of Worcester afterwards seconded this suggestion. The Connecticut State Medical Society in 1830 petitioned the Legislature to erect an inebriate asylum, and the English Lunacy Commission in 1844 recommended that inebriates be de- clared insane and that separate institu- tions be constructed for them. Eminent men in Europe and America approved this proposition, but nothing was done until 1846, when Dr. J. E. Turner of Bath, Me., made efforts in New York to bring about the formation of a company to build an asylum for inebriates. Six years later application was made to the New York Legislature for a charter for such an asylum. Strong and bitter opposition was encountered, and it was not until 1854 that the charter was granted. Ten years later an inebriate asylum was opened in the city of Bing- hamton, N. Y. — the first in history. It was erected with money raised by private subscription. There was much contro- versy concerning it, and finally it fell into the hands of politicians and was con- verted into an insane asylum in 1880. During the 16 years of its existence over 4,000 inebriates were treated, and from studies made in 2,000 cases it was ascer- tained that 61 per cent, of the patients had been restored to health and sobriety. Other institutions were founded in the United States and various foreign coun- tries. Interest in the study of inebriety has steadily increased and the literature of the subject has received numerous contributions of great value. The United States, which took the lead, has shown greater activity in the founding of in- ebriate asylums than any other country. Of asylums for the treatment of the in- temperate, there are three distinct classes : (1) Asylums or hospitals established by Inebriate Asylums.] 248 [Injunction Law. State aid, corporations or private enter- prise (with the prestige of legislation), where the inebriate is regarded as dis- eased and treated on broad scientific principles. The Inebriates' Home at Fort Hamilton, N. Y., the Washingtonian Home at Boston the Inebriates' Home at San Francisco and Walnut Lodge at Hartford are among the principal asy- lums of this class. (2) Hospitals and retreats where inebriates are admitted with persons suffering from other forms of mental disease, and all are treated in common. In many of these institutions the inebriate is looked upon as half dis- eased and half vicious, requiring a mixed treatment. In some of them the proportion of inebriates is very large, and inebriety is treated under the name of " nerve ex- haustion " or " debility." Nearly all the private retreats for victims of mental disorders are of this class. (3) Asylums in which all questions of disease are ignored, excepting in cases that result from the direct use of spirits and that are quickly relieved. They rely distinct- ively upon moral and religious agencies, pledges, prayers, etc. The Franklin Home of Philadelphia and the Christian Home of New York are well-known types. The inebriate asylums in Europe are small, and nearly all of them are private institutions or under the control of churches or temperance societies. The Dalrymple Home, near London, is one of the largest and best equipped. All these institutions, both in America and abroad, are yet in their infancy; not one of them is able to do the work that should be accomplished, because opposi- tion and criticism are still to be over- come. Some impressive truths have been established. It is certain that the treatment given in inebriate asylums en- ables an encouragingly large number of victims to permanently recover, and gives all a better chance for recovery than could be obtained at home. The propor- tion of cases actually cured varies from 20 to 50 per cent. Those who have made careful studies from large experience seem to agree that among inebriates un- der treatment for from four to six months, at least 33 per cent, are cured. Dr. Norman Kerr of London, President of the Dalrymple Home, and Dr. Day and Dr. Mason of this country, regard this estimate as approximately correct. The future looks promising, and it is be- lieved that the public will support inebri- ate asylums with increasing generosity. The medical profession certainly mani- fest a growing interest in the study of inebriety. Four important medical . societies are discussing the subject from the scientific side alone, and two journals are exclusively devoted to the scientific aspects of inebriety. To all who have wit- nessed the good work wrought, it seems unexplainable that there should be any opposition to so reasonable an idea as that for quarantining the inebriate, removing him from all exciting influences, and ap- plying to his case the remedies most like- ly to effect a cure. T. D. Oeothees. Injunction Law. — The most valu- able instrument for expeditiously and effectively enforcing Prohibitory meas- ures. Where the statutes provide that the premises of liquor-manufacturers or sellers may be closed by the " injunction " process, it is not necessary to grant the offender a trial by jury; but upon sat- isfactory evidence that liquor is sold or kept in violation of law, his place may be adjudged a nuisance by proceedings in equity, it may be summarily closed and the contraband goods may be seized. The unsatisfactoriness of trial by jury in liquor cases, even where the testimony is overwhelming, has always been notori- ous. A single juror may prevent con- viction ; and with the strong prejudices prevailing among a numerous class of citizens against Prohibitory laws and the readiness of multitudes, especially in the cities, to recognize no moral obligation to assist in punishing violators of such laws, it is not strange that jury trials of saloon malefactors are likely to prove farcical. The ordinary proceedings for practically crushing out the liquor-sellers are necessarily brought in the petty Courts, where the machinery of justice is too often under the control of politi- cians. Partisan influences, selfish inter- ests and personal sympathy with the liq- uor element combine to secure the open or secret connivance of prosecuting offi- cers; and where the demand for en- forcement is regarded with official I. ostil- ity or indifference, the system of trial by jury can be made a mere cloak for un- scrupulous manipulation or half-hearted Injunction Law.] 249 [Injunction Law. efforts. On the other hand, where offi- cials are well-meaning, incorruptible and even distinctly friendly to enforcement, the repeated refusals of juries to accept indisputable evidence are naturally dis- couraging to honest prosecutors and cause partial or entire suspension of energetic work. There have been some notable ex- ceptions : in the rural communities juries we generally obedient to aggressive public sentiment, and in some large cities liquor cases have been suitably disposed of by jury trials; but as a rule juries have been derelict in proportion to the magni- tude of the evil and the clearness of evi- dence against law violators. The denial to defiant liquor-sellers, in certain States, of the right of trial by jury, is a logical outcome of the theory of Prohibitory legislation. Where the people enact such legislation the liquor business becomes a criminal occupation, and in the judgment of a majority of the people every establishment used for car- rying on the unlawful traffic is a common nuisance. Official cognizance of the ex- istence of such an establishment justifies, therefore, immediate and arbitrary action by the executive and judicial departments of government ; and any valid form of law that will facilitate suppression of the objectionable traffic may properly be in- voked. The power to enjoin a liquor establish- ment conducted and known as a nuisance, has always been among the ordinary equity powers of Courts of Chancery; and before any real extension of this power was made by the Legislatures, and in very old statutes, unlicensed liquor places were declared nuisances, and this of itself made them subject to abatement under the equity power of injunction. The re- cent Prohibitory statutes, like those of Iowa and Kansas, enacted the details of procedure to procure abatement by injunc- tion, and thus have made this remedy practicable. The amendatory Prohibition statute passed in Kansas 'in 1885 contained pro- visions for nuisances and injunction pro- ceedings more radical than those em- braced in any former Prohibitory law. This Kansas Injunction act has been re- viewed by the United States Supreme Court and pronounced not only sound but " salutary;" and it has been accepted as the pattern for all acts of like nature. The thirteenth section of it is as follows : ' All places where intoxicating liquors are manufacture:!, sold, bartered or given away in violation of any of the provisions of this act, or where intoxicating liquors are kept for sale, barter or delivery in violation of this act, are hereby declared to be common nuisances, and upon the judgment of any Court having juris- diction finding such place to be a nuisance un- der this section, the Sheriff, his Deputy or Under-Sheriff, or any Constable of the proper county, or Marshal of any city where the same is located, shall be directed to shut up and abate such place by taking possession thereof and de- stroying all intoxicating liquors found therein, together with all sign*, screens, bars, bottles, glasses and other property used in keeping and maintaining said nuisance; and the owner or keeper thereof shall, upon conviction, be ad- judged guilty of maintaining a common nui- sance, and shall be punished by a fine of not less than $100, nor more than |500, and by im- prisonment in the county jail not less than 30 days nor more than 90 days. The Attor- ney General, County Attorney, or any cit- izen of the county where such nuisance exists or is kept or is maintained, may maintain an action in the name of the State to abate and perpetually enjoin the same. The injunction shall be granted at the commencement of the action, and no bond shall be required. Any person violating the terms of any injunction granted in such proceeding shall be punished as for contempt by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than 30 days nor more than six months, or by both such fine and im- prisonment, in the discretion of the Court." One of the most valuable features of this measure is the provision that " the Attor- ney-General, County Attorney, or any citi- zen of the county where such nuisance exists or is kept oris maintained may maintain an action in the name of the State to abate and perpetually enjoin the same." There- fore in a community where the local pros- ecuting officer is for any reason neglect- ful of his duties under the Prohibitory law, the State Attorney-General may in- terfere and compel obedience ; and if both the County Attorney and the Attor- ney-General fail to act, any citizen may move against offenders " in the name of the State." This gives the friends of the law authority to take the prosecuting machinery into their own hands when- ever the officials do not perform their work satisfactorily; but in thus becom- ing responsible for prosecutions they become responsible also for costs in case the Judge decides that the places com- plained against are not in fact nuisances. Under the Kansas Injunction law the Judges have arbitrary authority, and if Injunction Law.] 250 [Injunction Law. the liquor element is strong enough to control the Judges even this powerful statute may be made temporarily un- availing. But other clauses of the Kan- sas law prescribe severe penalties, to be visited upon all officials and Judges who are derelict; and although the actual punishment of an unscrupulous Judge cannot be confidently predicted, the pro- visions of the law are so radical that no Judge who values his reputation for char- acter and conscience can afford to stand in the way of enforcement. Again, in in- junction proceedings there is little room for differences of opinion concerning the merits of cases, for dilatory quibbles, per- jured testimony or sophistical representa- tions; the statute declares that any place where liquor is unlawfully sold or kept is a nuisance, and no legal argument or dis- criminating judgment is required to deter- mine whether a certain place falls under the statutory definition ; proof of unlawful sale or possession alone is necessary, and proof satisfactory to a responsible Judge and not to jurors of questionable motives or pro-saloon tendencies. It was claimed by the anti-Prohibition advocates that the Kansas Injunction law was repugnant to the provision made in the 14th Amendment to the Federal Con- stitution, that no State shall " deprive any person of life, liberty or property without due process of law;" but their efforts to secure judicial sanction for their view were as unsuccessful as in the case of their demand for compensation. 1 When the Kansas Prohibition cases were argued before the United States Supreme Court the counsel for the brewers made a formidable attack upon Section 13 of the Kansas law of 1885. In the famous decision of December, 1887, the Court devoted considerable space to the ques- tion of the validity of that section, and seven of the eight Justices then on the bench voted to sustain it (Justice Field dissenting). The Court presented the arguments against and for the Injunction law so thoroughly that we quote all that part of the decision bearing upon this subject (121! IT. S, 623): " It is contended in the case of Kansas v. Zie- bold & Hagelin, that the entire scheme of this section i< an attempt to deprive persons who come within its provisions of their property and of their liberty without clue process of law, es- 1 See pp. 92-4. pecially when taken in connection with that clause of Section 14 (amendatory of Section 21 of the act of 1881) which provides that ' in pro- secutions under this act, by indictment or other- wise. ... it shall not be necessary in the first instance for the State to prove that the party charged did not have a permit to sell intoxicat- ing liquors for the excepted purposes.' '■ We are unable to perceive anything in these regulations inconsistent with the Constitutional guarantees of liberty and property. The State having authority to prohibit the manufacture and sale of intoxicating liquors for other than medical, scientific and mechanical purposes, we do not doubt her power to declare that any- place kept and maintained for the illegal man- ufacture and sale of such liquors shall be deemed a common nuisance and bs abated and at the same time to provide for the indictment and trial of the offender. One is a proceeding against the property used for forbidden pur- poses, while the other is for the punishment of the offender. " It is said that by the 13th Section of the act of 1885, the Legislature, finding a brewery with- in the State in actual operation, without notice, trial, or hearing, by the mere exercise of its ar- bitrary caprice, declares it to be a common nui- sance and then prescribes the consequences which are to follow inevitably by judicial man- date required by the statute, and involving and permitting the exercise of no judicial discretion or judgment ; that the brewery being found in operation the Court is not to determine whether it is a common nuisance, but under the com- mand of the statute is to find it to be one ; that it is not the liquor made, or the making of it, which is thus enacted to be a common nuisance, but the place itself, including all the property used in keeping and maintaining the common nuisance ; that the Judge, having thus signed without inquiry, and it may be against the fact and against his own judgment, the edict of the Legislature, the Court is commanded by its offi- cers to take possession of the place and shut it up ; nor is all this destruction of property, by legislative edict, to be made as a forfeiture con- sequent upon conviction of any offence, but merely because the Legislature so commands ; and it is done by a Court of Equity, without any previous conviction first had, or any trial known to the law. ' ' This certainly is a formidable arraignment of the legislation of Kansas, and if it were founded upon a just interpretation of her statutes the Court would have no difficulty in declaring that they could not be enforced without in- fringing the Constitutional rights of the citizen. But these statutes have no such scope and are not attended with any such results ns the de- fendants suppose. The Court is not required to give effect to a legislative ' decree ' or ' edict,' unless every enactment by the law-making power of a State is to be so characterized. " It is not declared that every establishment is to be deemed a common nuisance because it may have been maintained prior to the passage of the statute as a place for manufacturing in- toxicating liquors. The statute is prospective in its operation — that is, it does not put the brand of a common nuisance upon any place, Injunction Law.] 251 [Internal Revenue. unless after its passage that place is kept and maintained for purposes declared by the Legis- lature to he injurious to the community. Nor is the Court required to adjudge any place to be a common nuisance simply because it is charged by the State to be such. It must first find it to "be of that character— that is. must ascertain in some legal mode whether since the statute was passe 1 the place in question has been or is being J S3 used as woul 1 nijke it a common nuianee. " Eqaaily teuaale is the proposition that pro- ceedings in equity for the purposes indicated in the 13th Section of the statute are inconsistent with due process of law. ' In regard to public nuisances,' iUr Justice Story says, ' the jurisdic- tion of Courts of Equity seems to be of a very an- cient date, and has been distinctly traced back to the reign of Queen Elizabeth. The jurisdiction is npp. icable not only to public nuisances strictly s >calied. but also to purprestures upon public rights and property. In case of public nui- sances properly so called, an indictment lies to abate them and to punish the offenders. But an information also lies in equity to redress the grievance by way of injunction.' (2 Story's Eq., sections 931, 922.) • The ground of this jurisdiction in cases of purpresture. as well as of public nuisances, is the ability of Courts of Equity to give a more spe dy, effectual and permanent remedy than can i;e had at law. They can not only prevent nu. antes that are threatened and before irrepar- able mischief ensues, but arrest or abate those in progress, and by rjerp: tual injunction protect tiie public against them in the future ; whereas Courts of law can only reach existing nuisances, having future acts to be the subject of new prosecutions or proceedings. This is a salutary jurisdiction, especially where a nuisance affects the health, morals or safety of the community. Tnough not frequently exercised, the power undoubtedly exists in Courts of Equity thus to protect the public against injury : District At- torney v Lynn & Boston R. R. Co., 16 Gray, 245; Att'y-Gen'l v. N. J. Railroad, 3 Green's Ch., 139; Att'y General v. Tudor Ice Co.. 104 Mass., 244 ; State v. Mavor, 5 Porter (Ala.), 279, 294; Hoole v. Att'y-General, 22 Ala., 194 ; Att'y-General v. Hunter, 1 Dev. Eq. 13; Att'v- Gen'l v. Forbes. 2 Mylne & Craig. 123, 129, 133; Att'y-Gen'l v. Great Northern Railway Co.. 1 Dr. & 8m., 161; Eden on Injunctions, 259; Kerr on Injunctions (2d Ed.) 168. 'As to th 3 objection that the statute makes no provision for a jury trial in cases like this one it is sufficient to say that such a mode of trial is net required in suits in equity brought to enjoin a public nuisance. The statutory di- rection that an injunction issue at the com- mencement of the action is not to be construed as dispensing with such preliminary proof as is necessary to authorize an injunction pending the suit The Court is not to issue an injunc- tion simply because one is asked, or because the charge is made that a common nuisance is main- tained in violation of law. The statute leaves the Court at liberty to give effect to the principle that an injunction will not be granted to restrain a nu'sance, except upon clear and satisfactory evidence that one exists. Here the fact to be aseer'.ained was, not whether a place, kept and maintained for the purposes forbidden by the statute, was, per se, a nuisance that fact being conclusively determined by the statute itself, — but whether the place in question was so kept and maintained. If the proof upon that point is not full or sufficient, the Court can refuse an injunction, or postpone action until the State first obtains the verdict of a jury in her favor." [For injunction provisions in the statutes of particular States, see Legislation.] Internal Revenue, in the fiscal nomenclature of the United States, em- braces all the revenues of the Federal Government from taxes of whatever kind, collected under the Bureau of Internal Revenue created by the law of July 1, 1862, and connected with the Treasury Department at Washington. Used in its etymological sense, the term would cover all the inland receipts of the Government, no matter from what source derived ; and thus "Internal Revenue" and "customs duties" would constitute the two great divisions of the Governments income, the one being the complement of the other. Technically, however, the ex- pression is limited in its acceptation as stated above, and does not include the re- ceipts from patent fees or from the sale of postage-stamps or of the public lands. The United States has, as a rule, and from the very beginning, preferred to obtain its revenues from duties laid upon imported goods, and has resorted to ex- cises only when forced by over-mastering circumstances to do so, relinquishing them when the means necessary to defray the expenditures of the Government could be obtained from customs receipts. In the early history of the Union, the antipathy of the people to the laying of excises, or inland taxes, was deep-rooted and vio- lent. Nor did they always wait until such taxes were actually proposed or im- posed to express their opposition to them. Thus, it was twice moved in the New York Convention called to consider the question of adopting the Constitution, that the power of laying excises should be prohibited to Congress. The general sentiment of our forefathers on the sub- ject of Excise laws may be inferred from these words of Alexander Hamilton in No. 12 of the Federalist : " The genius of our people will ill brook the inquisi- tive and peremptory spirit of Excise laws. ... It has been already inti- mated that excises, in their true signifi- cation, are too little in unison with the Internal Eevenue.] 252 [Internal Revenue. feelings of the people to admit of great use being made of that mode of taxation." But the opposition to excises, in the first decades of our history, was not due en- tirely to the inherited abhorrence of the inquisitorial nature of their collection; it was largely determined by the economic condition of the country. Impoverish- ed by the War of the Eevolution, there was at its close, and for years after it, little in the country on which internal taxes could have been imposed, for neither trade nor manufactures had as yet been developed to any great extent. It is not a matter of surprise, therefore, that the first measure proposed in the United States for the laying of an excise met with defeat. A bill providing for the taxation of dis- tilled spirits was introduced in Congress in 1790. The representatives of Pennsyl- vania were utterly opposed to it, and in opposing it they simply executed the will of the people of that State ; for they had been instructed by its Legislature to vote against the passage of an excise, " the horror of all free States." In a petition sent to Congress by the inhabitants of Westmoreland, Pa., it was claimed that to convert grain into spirits was as clearly a natural right as to convert grain into flour. The main cause of the defeat of this first measure was, doubtless, the op- position it met with in the State of Penn- sylvania and in Congress through the ef- forts of the Pennsylvania representatives. It would be a mistake to ascribe the an- tagonism to the taxation of spirits, at that time, to what is called, in our day, the demand for free whiskey. It pro- ceeded from the producers more than from the consumers of spirits, and from the former mainly because it interfered with the utilization of their grain in the only way profitable, in those days, in Western Pennsylvania. The market for that commodity was so remote and the difficulty of transporting it thither so great, because of its bulk, that the far- mers of that region were in the habit of converting it into whiskey, in which shape it could be more easily moved. Hence a still was to be found on almost every farm. It was not long, however, before an in- crease of the revenue became imperative, and in 1791 Hamilton advocated both an increase of customs duties and a tax on distilled spirits. It was again objected* by the people of Western Pennsylvania? that the tax on spirits would fall very un- equally on the different sections of the country, and most heavily on them- selves; for their region was then very sparsely populated and had scarcely any money ; its trade was by barter, spirits serving as a medium of exchange. The South likewise opposed the bill, "grog" being considered there one of the neces- saries of life. The Eastern and the Middle States, however, favored it, and it became a law, having received 39 votes against 19 in the House. It laid a tax of 11 cents per gallon on spirits distilled from foreign materials (molasses and syrups), and 9 cents on those manu- factured from domestic material (grain and flour). According to , the report of the Secretary of the Treasury, Alexander Hamilton, the annual production of dis- tilled spirits in the country, at this time, was about 6,500,000 proof gallons, of which it was estimated 3,500,000 gallons were obtained from foreign materials. The tax was light and the necessities of the Government were great and urgent, yet its imposition met with the greatest resistance, and in 1794 the western coun- ties of Pennsylvania rose in open rebel- lion against its collection. An army composed of the milita of the neigh cor- ing States marched into the disturbed districts, seized the leaders of the insur- gents and restored the authority of the Federal Government. It cost the Gov- ernment $1,500,000 to quell the insurrec- tion, while its total expenses, during the same year, for all ordinary purposes were only $4,362,000. After Thomas Jefferson became Presi- dent he recommended the repeal of the whole system of Internal Revenue, and his recommendation was carried into ef- fect by the act of April 6, 1802. From this date until 1813, no inland taxes on articles grown or manufactured in the United States were imposed, the import duties being increased whenever a larger revenue was needed. Although, during this interval, the duties on imported goods were raised, they proved altogether insufficient to meet the expenditures oc- casioned by the War of 1812. To secure funds for that purpose, recourse was first had to loans and the issue of Treasury notes. But even the increased revenue Internal Revenue.] 253 [Internal Revenue. from these sources was inadequate, and in the early part of 1813 a system of In- ternal Revenue from direct tax and ex- cise was established. At first considered temporary and intended to cease one year after the war, these taxes, with few ex- ceptions, were afterwards extended and pledged for the payment of the principal of the public debt, and it was provided that they should be continued until other equally productive ones were sub- stituted for them. A license tax to dis- tillers took the place of the tax per gallon. The embarassment of the Federal Treas- ury, however, grew so great that in 1814 a special session of Congress had to be called and further loans authorized. The di- rect yearly tax was doubled and extended to the District of Columbia. It became necessary, too, for the first time in the country's history, to tax domestic manu- factures other than spirits, snuff and sugar. Specific taxes were imposed on iron and candles, and ad valorem taxes on hats, caps, umbrellas, leather boots, plate, beer, ale, playing-cards, harness, household furniture and gold and silver watches. In 1816 the direct tax was reduced one- half and in the following year all internal taxes were repealed. Prom 1818 to 1861 no internal tax of any kind was laid in the United States. In the latter year "an act to provide increased revenue from imports, to pay interest on the public debt, and for other purposes," was framed on the 5th of August ; but besides providing a revenue from im- ports it laid a direct tax, apportioned among the States, of $20,000,000 to be collected annually, and also a tax of 3 per cent, on all incomes in excess of $800. The fact that these direct and in- come taxes were imposed by an act in whose title the very mention of them was carefully avoided, shows how un- certain Congress felt as to how public opinion and popular feeling would re- ceive the proposition to lay them, after the people had, for well-nigh half a cen- tury, grown unaccustomed to the annoy- ance and vexation incident to their col- lection. It soon, however, became appar- ent that the gigantic struggle in which the nation was engaged could not be suc- cessfully carried on without resort to in- ternal taxation on a much more extensive scale than ever before. Accordingly the law known as the Internal Kevenue law was passed, and approved July 1, 1862. This law created the Bureau of Internal Revenue. Under its operation, scarcely anything tangible or intangible, from which revenue could be obtained, es- caped taxation. Besides distilled spirits, fermented liquors and tobacco, it taxed trades and occupations, gross receipts and sales, dividends and incomes, articles not consumed in the use, manufactures, leg- acies and successions. It required a li- cense' tax from bankers, auctioneers, wholesale and retail dealers in distilled spirits, fermented liquors and wines; from pawnbrokers, rectifiers, distillers and brewers ; from hotel, inn and tavern- keepers; from all steamers and vessels upon waters of the United States ; from commercial, land warrant and other brokers ; from tobacconists, theatres, cir- cuses and jugglers; from carpenters; from horse-dealers, livery stable-keepers and cattle brokers; from tallow-chandlers and soap-makers; from peddlers and apothecaries, manufacturers and photog- raphers, lawyers, physicians, surgeons and dentists ; and also from claim and patent agents. It taxed mineral coals, candles, illuminating gas, coal illuminating oil, ground coffee and spices, refined and brown sugar, confectionery, saleratus, starch, gunpowder, white lead, clock movements, umbrellas and parasols; railroad iron of almost every descrip- tion ; band, hoop and sheet iron ; stoves and hollowware; paper, soap, salt, pickles, glue and gelatine,; patent, sole, harness, band and offal leather; calf, goat, horse and hog-skins; varnish and furs; diamonds and cotton; auction sales; carriages, yachts, billiard-tables and plate; cattle, hogs and sheep, slaughtered or for sale; railroads, steam- boats and ferry-boats; railroad bonds; banks, trust companies, savings institu- tions and insurance companies; the salaries and pay of officers and persons in the service of the United States, whether civil, military, naval or other; passports, advertisements and all incomes in excess of $600. Stamp duties were laid on agreements, bank checks, inland bills of exchange, foreign bills of exchange and letters of credit, bills of lading, express receipts and stamps, surety bonds, certif- icates of stock, charter-parties, contracts, Internal Revenue.] 254 [Internal Revenue. conveyances and telegraphic despatches; life, fire and marine insurance policies or leases, mortgages, passage-tickets, powers of attorney, probates of wills, protests, warehouse receipts, writs or other orig- inal legal process in all Courts of record whether law or equity ; on medicines and preparations, perfumery, cosmetics and playing-cards. As if seized with desper- ation, Congress seemed determined to tax everybody and everything. The internal taxes imposed by the law of July 1, 1862, have been gradually re- duced as the money needs of the Govern- ment have diminished. The act of May 31, 1868, relieved the manufactures of the country except those of distilled spirits, fermented liquors and tobacco, of all tax- ation. The act of July 14, 1870, re- pealed the tax on legacies and successions. The act of June, 1872, made other large reductions. It did away with the tax on incomes after that tax had yielded a total revenue during the 10 years it was in forpe of 8346,911,760.48; abolished all stamp taxes under Schedule B (1864) ex- cept that of 2 cents on bank checks, drafts and orders, and reduced the sources of Internal Eevenue to about what thev are at present, with the exception of the tax on oleomargarine which was laid by the act of Aug. 2, 1886. The following table shows the receipts of the United States from Internal Rev- enue from March 4, 1792, to the end of the year 1820 : 1792. 1793. 1794. 1795. 1796. 1797. 1798. 1799. 1800 1801.. .$ 337. 274. 337. 475, 575, 644,. 779, 809, l,048,i .942.81 705.70 089.62 755.36 289.60 491.45 7.95 136.44 396.55 033.43 1802 $ 621. 1808 215. 1814 1,668. 1815 1816 1817 1818 1819... . 1820 4,67 5,124. 2,678. 955, 229,593.63 100,260.53 ,179.69 .084.82 .059.07 708.31 100.77 270.80 Since the establishment of the Bureau of Internal Eevenue the principal sources of Internal Revenue have been distilled spirits, tobacco and fermented liquors. In the first three columns of the table given below will be found the receipts from taxes on these articles respectively, and in the fourth the Internal Revenue receipts from all sources by fiscal years, that is from Sept. 1, 1862, to June 30, 1889 : l Fiscal Tears Ended June 30. Distilled Spirits. Fermented Liquors. Tobacco. From all Sources. Aggregate Receipts. $5,176,530.50 30,329,149.53 18,731,422.45 33,868,171.82 33,543,951.72 18,655,630.90 45,071,230.86 55,606,094.15 46,281,848.10 49,475,516.36 52,099,371.78 49,444,089.85 52,081,991.12 56,426,365.13 57,469,429.72 50,420,815.80 52,570,284.69 61,ia5,50S.79 67,153,974.88 69,873,408.18 74,368,775.20 76,905,385.26 67,511,208.63 69,092,866.00 65,829,321.71 69,306,166.41 74,312,206.33 $1,628,933.82 2,290,009.14 3,734,928.06 5,220,552.72 6,057,500.63 5,955,868.92 6,099,879.54 6,319,126.90 7,389,501.82 8.258,498.46 9,324,937.84 9,304,679.72 9,144,004.41 9,571,280.66 9,480,789.17 9,937,051.78 10,729,320.08 12,829,802.84 13,700,841.21 16,153,920.42 16,900,615.81 18,084,954.11 18,280,782.03 19,676,731.29 21,922,187.49 23,324,218.48 23,723,835.26 $3,097,620.47 8,592,098.98 11,401,373.10 16,531,007.83 19,765,148.41 18,730,095.32 28,430,707.57 81,350,707.88 33,578,907.18 83,736,170.52 84,386,303.09 33,842,875.62 37,303,461.88 39,795,339.91 41,106,546.92 40,091,754.67 40,135,002.65 38,870,140.08 42,854,991.31 47,391,988.91 42,10-4,249.79 26,062,399.98 26,407,088.48 27,907,362.53 30,108,067.13 30,662,431.52 31,866,860.42 $41,003,192.93 116,965,578.20 210,855,864.53 310,120,448.13 265,064,938.43 190,374,985 59 159,124,126.80 184,308,828.34 143,198,322.10 130,890,096.90 113,504,012.80 102,191,016.98 110,071,515.00 116,768,096.32 118,549,230.25 110,654,163.37 113,449,621.38 123,981,916.10 135,229,912.30 140,523,273.72 144,553,344.86 121,590,039.83 112,421 121 07 1864 1865 1866 1868 1869 1870 1871 1872 1873 1874 1876 1877 1878 1879 1?80 ISrfl 1882 isas H84 1885 1887 116,902,869.44 118,837,301.06 124,326,4"'5.32 1888 1889 130,894,434.20 Totals $1,402,189,115.87 $304,994,152.61 $810,510,702.15 $3,812,348,065.97 These figures represent a taxation on an aggregate of 1,553,151,463 gallons of distilled spirits, 319,519,854 barrels of beer, 65,871,265,481 cigars and cigarettes and 3,199,549,552 pounds of manufac- tured tobacco and snuff, from Sept. 1, 1862, to June 30, 1889. There are many points of view from which the production and consumption of spirits may be examined and judged. There are the fiscal, the technic, the 1 The figures also include receipts from special taxes on rectifiers, Drewers and wholesale and retail liquor-dealers. Internal Revenus.] [Internal Revenue. medicinal and the moral points of view. The minister of finance sees in them a rich source of revenue to the state ; the phar- maceutist, a solvent of medical agents ; the manufacturer, a component element in many useful commodities ; the moral- ist, frequently and with good reason, only a deadly poison that ruins the health, dims the intellect and damns the soul. Everything considered, however, he can- nnt be considered a wild fanatic who de- sires the disappearance of alcohol from the face of the earth; for its consump- tion, for the most part, is not reproductive of wealth, and the labor and capital in- corporated in the finished product per- ishes in the use; while bad they been employed in the building of houses or the purchase of farms or the construction of canals or railways, they would have added, since 186:3, over fifteen hun- dred million dolLirs to the aggregate wealth of the people, and afforded the Treasury an enduring instead of an evanescent subject of taxation — a subject which besides would grow in value and in productiveness to the national revenues from year to year. The manufacturer, if alcohol went out of existence, would most likely be supplied with substitutes for it by his own ingenuity or by the bountif ill- ness of nature. Thus when the manufac- ture of "burning fluid" entirely ceased because of the rise of alcohol to $4 per gallon, the public experienced no great inconvenience; for it happened that vast and natural supplies of petroleum were discovered in Pennsylvania, and the em- ployment of its distillates for illuminating purposes is almost coincident in point of time with the compulsory disuse of burn- ing fluid. So, also, varnish-makers, who, when alcohol could be purchased at about 50 cents per gallon, used it in great quan- tities, substituted, when the price reached eight times that figure, other and cheaper solvents for their gums. The manufac- turers of quinine likewise, for a like reason, replaced it as a solvent for the alkaloids of the cinchona bark with the distillates of petroleum with such success that it is doubtful whether the old pro- cesses would he again resorted to if alcohol could be purchased at its former prices. In medicines, although some- times useful and of extensive employ- ment, especially as the solvent of the active principles of many substances, it is safe to say that the relief it has afforded in disease and the lives it has saved are an insignificant quantity compared with tha misery, the suffering, the pauperism, the mortality and tlje woes unmeasured which it has caused. The man who goes even to the extreme of demanding that it shall no longer be produced for any purpose, since its legiti- mate use seems to be the rare exception and its abuse the rule, cannot be called a wild fanatic. It must be remembered that the direful effects of alcoholic in- toxication do not stop at the individual, but extend to his progeny and to the race. Immorality, depravation, alcoholic excesses, brutalization, appear in the first generation ; hereditary drunkenness, ma- niacal attacks and general paralysis in the second ; hypochondriacal melancholia, in- sanity and homicidal tendencies in the third ; in the fourth, degeneration is complete— the child is born either an imbecile or an idiot, or, if not, soon be- comes one. No wonder, therefore, that an ever-increasing number of men of all shades of religions and of no religions belief are convinced that civilization would be the gainer if alcohol had never been known, and if the art of manufac- turing it were forever numbered among the arts irretrievably lost. J. J. Lalor. [For details of the Internal Revenue laws, see United States Government and the Liquor Traffic. For numbers of liquor-deal- ers, etc., see Liquor Traffic] Note by the Editor. — The imposition of heavy Federal taxes on liquors, when first proposed, was bitterly resisted by many representative persons engaged in the traffic. At that time liquor produc- tion and selling were carried on pro- miscuously, and the manufacturers and dealers had no powerful trade organiza- tions. The first effects of the law were to compel capitalization of the distilling and brewing interests, and to promote compact and intelligent organization. It was no longer possible to profitably oper- ate a still or a brewery with insignificant capital and careless business methods. It also became necessary to establish in- timate relations with Federal officials and influential politicians. Accordingly, the national whiskey power and the national beer power were rapidly de- veloped. They acquired absolute control Internal Revenue.] 256 [Internal Revenue. over Congress and the Internal Revenue Bureau. There have been many offensive exhibitions of legislative and official sub- serviency ; the great whiskey frauds per- petrated in Grant's administration, the repeated expressions of friendship for the liquor interests made by Commissioners of Internal Eevenue and the practical remission of whiskey taxes by Secretaries of the Treasury, are especially memor- able. (For details, see United States GOVERNMENT ASD THE LlQUOR TRAF- FIC.) Under the Internal "Revenue law the beverage consumption of liquor has in- creased enormously, both the aggregate consumption and the per capita consump- tion. (See Consumption" of Liquors.) All the facts, indeed, point to the con- clusion that this system of Federal regulation and taxation has been very disastrous to the interests of the temper- ance movement. We briefly present some of the most important testimony : 1. The distillers and brewers, prac- tically without division, sustain the In- ternal Revenue law as it now exists, and sturdily oppose efforts to modify it. The Republican party, which formulated the law and has retained it on the statute- books, certainly cannot be charged with a disposition to unfairly represent any. of its practical results. In 1888, the Re- publican National Convention incorpo- rated the following significant words in that part of its platform which proposed plans for reducing the surplus revenues of the Federal Government : " If there shall still remain a larger revenue than is requisite for the wants of the Govern- ment, we favor the entire repeal of In- ternal taxes rather than the surrender of any part of our Protective system at the joint behest of the whiskey trusts and the agents of foreign manufacturers." This was an implied admission that the distillers desired the abolition of customs duties rather than of the liquor taxes — in fact, that they were so earnest in fight- ing for the preservation of the Internal Revenue system a,s to join hands with the " agents of foreign manufacturers " in an attack upon the Protective tariff. During recent sessions of Congress, the distillers have had powerful lobbies at Washington to oppose any legislation looking to a repeal of the Internal Rev- enue taxes. The very well-informed Washington correspondent of the New York Tribune, at the opening of Con- gress in 1887, sent this statement to his paper : ' The big whiskey manufacturers who have been striving for seven or eight years to escape the pavment of the taxes on whiskey manufac- tured by them, and yet who are bitterly opposed to the repeal or reduction of that tax, have their representatives already on the ground to prevent any legislation in that direction. They will make a strong fight against even the proposition to relieve from Internal taxation, under proper safeguards, alcohol used in manu- factures and the mechanical arts. They will also fight the proposition to repeal the tax on spirits distilled from fruits, on the ground that those distillers, if relieved from Government inspection and supervision, will proceed to grain distillation." Leading representatives of the distilling interests, in interviews in the Voice for Dec. 22 and 29, 1887, admitted that their policy was to prevent abolition of the liquor taxes. John M. Atherton, President of the National Protective As- sociation of distillers and liquor-dealers, in stating the reasons for this attitude, said : " Under the Government supervision there are certain marks, stamps, gauges, etc.. put on every barrel of whiskey, which serve to iden- tify it. These form an absolute guaranty from the Government, a disinterested party of the highest authority, to the genuineness of the goods. There is such a tendency to adultera- tion that this guaranty is of great value. Next, if the general Government laid no tax upon whiskey the Slates almost certainly would. As they are under no compact to lay the same tax, the rate would almost certainly be un- equal. For instance, with a tax of 25 cents a gallon on the whiskey produced in Kentucky the State would have an abundant revenue fcr all her needs, without taxing anything else at all. But it might happen that Ohio and In- diana would lay no tax, or a very light one, upon whiskey. In that case Kentucky dis- tillers would be compelled to r. anufacture at a very great disadvantage, and would, in fact, be compelled to close altogether. A tax by ihe National Government bears on all States alike, and affords a fair field for competition." ' The United States Brewers' Conven- tion for 1888, held at St. Paul, May 30 and 31, made an elaborate plea in favor of retaining the taxes. The following is an extract : "The old objection urged against excises could not at present be revived, seeing that those who have to bear the tax and all the in- conveniences that are said to grow out of its alleged obnoxious features, are perfectly satis- 1 The Voice, Dec. 20, 188". Internal Revenue.] 257 [Ireland. flod with their present status, so that, as we have stated on another occasion, whatever commiseration may be felt for them by certain theorists is -just so much sympathy wasted. As far as the brewers of this country are concerned, it is well known that, so far from opposing an excise, they materially aided the Government during the incipient stages of the system in making the tax collectable as cheaply and conveniently as possible. Their action at that time was not only prompted by the inten- tion to prevent injustice being done them, but also in a very large measure, by patriotic motives ; while their present course [of non- interference with the Federal tax] is dictated not only by industrial considerations, but also by the conviction, sustained by the experience of our own people and the people of many other civilized countries, that the present system, while p?r?ectly justifiable when viewed from the stajdpoint of political economy, promotes temperance more efLctually than any other measure yet propo e 1 or executed for that purpose . . To jidge from present in- dications there is no da.ger of a reduction of Internal Reve rue othjr than that derived from artx.es whici do njt cone rn us industrially." 2. The temperance people condemn the whole system and declare that it hinders successful work Some of their organization? arj not outspoken, but it is well understood that the advanced tem- perance societies are practically unani- mous in desiring unconditional' repeal. " We advocate the abolition of the Inter- nal Eevenno on alcoholic liquors and to- bacco," said the National Woman's Christian Temperance Union in 1887, " for the reason that it operates to render more difficult the securing and enforce- ment of Prohibitory laws, and so post- pones the day of national deliverance." '3. The object of the law is "revenue only." It was not enacted as a temper- ance measure, and to promote temper- ance is no part of the duties of its ad- ministrators. So long as it exists, the liquor policy of the United States Gov- ernment, theoretically and practically, is wholly antagonists to Prohibition. By the provisions of this act the Prohibitory policy of various States, counties and towns is ignored by the Federal Govern- ment. Federal officials connected with the Internal Revenue service in the Pro- hibition States and localities possess abundant evidence of violations of State and local Prohibitory regulations ; yet these officials refuse to co-operate with State and local authorities. Moreover, they constantly interfere with the work of enforcement, and become responsible for many misleading representations that are eagerly repeated by the enemies of Prohibition. The payment of special liquor taxes to the Federal Collectors by individuals in the Prohibitory States provides statistics that are deemed es- pecially serviceable by unscrupulous anti- Prohibition advocates. It is assumed that all who pay these taxes are liquor- dealers within the ordinary meaning of the term ; and where the Federal records show a large number of such payments it is declared that State Prohibitory laws are ineffective and farcical. These Federal records, however, are absolutely worthless as reaords of the number of persons ac- tually engaged in the liquor traffic in a given State. (See Prohibition, Bene- fits of.) But this fact is not given due weight by the ordinary public ; and the Federal returns for the States where Pro- hibition is the law are therefore used to persuade the people that "Prohibition doesn't prohibit." Inter-State Commerce. — Sea United States Government and thb Liquor Traffic. Intoxicants. — See Malt Liquors, Vinous Liquors and Spirituous Liq- uors. Iowa. - See Index. Ireland. — The war against drink in Ireland began about 1826 with the formation of a total abstinence society in Skibbereen, County Wexford, by Jef- fery Sedwards, a nailor. In 1829 the Ulster Temperance Society (against dis- tilled liquors only) was founded at Bel- fast by the Rev. Dr. Edgar and other pioneers. From this time until 1838 a large number of similar societies were es- tablished in different parts of the country and numerous adherents were enrolled. In 1838 Father Mathew's memorable temperance crusade began. During its progress more than 5,000,000 people, in a total population of a little more than 8,000,000, took the teetotal pledge. By 1842 the drink traffic had been terribly crippled : many distilleries and breweries had been forced to close, public-houses were deserted or put to better uses, drunkenness disappeared in many parts of Ireland, and the criminal calendars at assizes were almost blank. The annual Ireland.] 258 [Ireland. consumption of spirits dropped from 11,595,530 gallons in 1837 to 6,485,443 gallons in 1841. But this triumph was short-lived. From want of a Prohibitory law the liquor traffic gradually recovered its strength. Drink is again the great curse of Ireland. The " Eeport of the Commissioners of Her Majesty's Inland Eevenue " for the year ending March 31, 1889, shows that the population of Ireland at that time was 4,790,014.1 During the year, 29 dis- tilleries were at work, producing 11,357,- 183 gallons of spirits; 146,404 quarters of malt, 178,435 quarters of unmalted grain, 36,795 cwt. of molasses, 13,130 cwt. of rice and 6,694 cwt. of sugar were de- stroyed in distillation; there were 6,812,- 048 gallons of spirits on which duty was charged; there were 25,256,788 gallons of spirits remaining in bonded warehouses, and the Excise duties on spirits amount- ed to £3,390,528. In the same year there were 2,346,682 barrels of beer charged with duty; 2,320,217 barrels were re- tained for consumption, and the Excise duties charged on beer amounted to £721,- 344. The total number of licenses of all kinds was 24,574, of which 16,924 were to retailers of spirits (publicans) and 5,252 were "occasional licenses for sale of spirits;" while 607 were to whole- sale dealers in spirits, 384 to wholesale dealers in beer, 409 to retailers of beer and wine for consumption off the premises, 127 to retailers of beer and cider for consumption on the premises, 28 to retailers of beer and wine for con- sumption on the premises, 274 to spirit grocers, and the remainder to various other dealers. Of the 16,924 publi- cans, 13,186 had ordinary seven-day liceuses; 2,653 were licensed to sell on six days only ; 128 were licensed on condition that they would close one hour before the statute time, and 958 had licenses con- ditioned on both Sunday closing and early closing. 1 The population of Ireland on April 3, 1881, was 5,174,- 836. Unlike any other portion of the British dominions, it is on the decrease. . . The highest point was reached in 1845, when the entire population was estimated at 8,175,124. The potato crop, upon which all the agricultural and many of the manufacturing poor depended for their subsistence, having failed for two successive years, pro- duced famine and disease, which carried oil large numbers and gave a great impulse to emigration, so that from 1845 the population rapidly decreased. In 1851 there were 6,552,385 persons in the country; in 1801, 5,798,564; in 1871, 5,412,377, and in 1881, 5,174,836. Since 1845 the decrease has been 3,120,225, equal to 37.6 per cent.— Whitaker's Almanac for 1890, p. 317. In Belfast, Dublin, Cork, Limerick ar,d Waterf ord, the public houses sell on week- days from 7 a. M. to 11 P. M., on Sundays from 2 p. m. to .7 p. m., and on Christmas day and Good Friday from 2 p. m. to 9 p. M. In all other places over 5,000 pop- ulation the hours for sale are the same, excepting that no sales at alFcan be made on Sundays. In places of less than 5,000 population the hours on week-days are 7 a. m. to 10 p. m., no sales are permitted on Sundays, and on Christmas and Good Friday 2 p. m. to 7 p. m. All licenses are for one year only. Applications for license may be refused on the score of the bad character, misconduct or unfitness of the applicant, of the objectionable nature of the place or of the presence of a sufficient- ly large number of previously licensed houses in the neighborhood. Practically, the people have little or no power to pre- vent the licensing of drink-shops. Besides the ordinary alcoholic beverages, con- siderable quantities of sulphuric ether were sold without liaense and consumed in some parts of Ulster, especially in Counties Tyrone and Londonderry. This ether has very injurious effects. The Registrar-General's " Report on the Criminal and Judicial Statistics of Ireland" for 1888 shows that 87,582 cases of drunkenness were disposed of summarily in the police and petty sessions Courts — an increase of 10.2 per cent, over 1887. According to these records, there is annually one conviction for every 54 of the population of Ireland. There were 2,855 cases of "habitual drunkenness "—persons convicted three or more times for being drunk, — or 266 more than in 1887. Even these figures only partially indi- cate the woes brought upon Ireland by whiskey. If drink impairs the prosperity and energies of the richest nations, its effects must be unspeakable in such a country as Ireland, — a country of famines, with a decreasing population, poverty- stricken and wretched. The following is a most instructive statement of conditions, from a very high statistical authority : '• Ireland's place in the national economy [of the United Kingdom] is not very high, its contribution to the Imperial exchequer for stamps and taxes being but £1,003 667 against £1.921,640 Scotland, £24,716,323 Englund and "Wales, and £27.673,012 for the United Kirg- dom. The duty on whiskey, however, comes to Italy.] 259 | Jamaica. the rescue, and brings no less than £3,364.875 into the national exchequer. The deficiency on the other kerns of national revenue is largely- accounted for by the poverty of the great mass of ihe people, of who.a no fewer than 522,000 were last year L1883J in a state of actual pauper- ism. There must be something radically wrong in this, for if the country could, as it did in 1845, support more than eight millions of people, tnerj should not be any great difficulty in pro- viding for the uve millions remaining in 1889."' The Irish Temperance League is the chief anti-liquor organization, with head- quarters in Belfast (John Grubb Richard- son of Bessbrook, President). Its object is "the suppression of drunkenness by moral suasion, legislative Prohibition and all other lawful means." It publishes the national Irish temperance news- paper, the Irtish Temperance League Journal (Belfast, monthly), sends out lecturers, operates 17 street coffee-stands in Belfast, conducts one of the most ele- gant and successful temperance cafes in the United Kingdom, and has charge of the legislative movements for entire Sun- day-closing and the " Direct Veto." The various churches, especially the Epis- copalian, Presbyterian and Methodist, perform important temperance work, and the utterances made by their representa- tive gatherings are becoming more ag- gressive. The Good Templars and Rech- abites are growing in numbers and in- fluence. Encouragement is given to the, cause by some of the leading Roman Catholic dioceses, notably by Archbishop Walsh of Dublin. Definite political pro- gress is interfered with by the com- manding nature of the Home Rule agi- tation. A. H. H. McMuetey. Italy. 2 — This country ranks after Prance among wine-producing nations, the annual vintage ranging from 600,- 000,000 to 800,000,000 gallons. In all ages since the beginning of civilization, the growing of the grape and making of wine have been among the chief indus- tries. At present the Italian wines, though abundant, are not " pushed " in the market so assiduously as the French and those of some other European coun- tries. Italian usages and tastes are to a greater ' degree domestic and homely. The processes of manufacture are in many places of the most primitive kinds. 1 Wbitaker's Almanac for 1890, p. 318. 2 The editor is indebted to Rev. Leroy M. Vernon, D. D., of Syracuse, N. Y., and Axel Gustafson. It is not to be assumed, however, that the Italian brands of commerce, though pos- sibly simpler, are necessarily purer. While this may be true of the wines made and consumed by the people in many parts of Italy, the liquor merchants who handle them in the various stages of commercial exchange take full advantage of the resources of adulteration. It may be said, in general, that all Italians use wine. The common wine of the locality satisfies nearly all the people. Even the lees or dregs are utilized, though only among the poor; the Italian laborer, if unable to procure wine, will not drink water pure, but prefers to adulterate it with wine-lees. The practice of " treat- ing " does not prevail to any great extent in Italy. Among the better classes of the Italians, so-called moderation is probably the rule : to the cultivated people drunkenness is as repugnant as to the enlightened citizens of most countries. But drink is none the less the besetting foe of the poor, and crime, vice and poverty are harvested abundantly. Drunkenness is steadily on the advance, as shown by the constantly increasing quantities of distilled liquors manufactured, imported and consumed. The number of places where alcoholic beverages are sold is enormous. All pro- prietors of liquor establishments must ob- tain licenses, which are good for one year only. ' Thus objectionable places can be closed by the authorities in a very short time, by refusing renewals of licenses; and a license can be revoked at any time on the ground of public safety or morality. Every permit involves individual respon- sibility, and any licensee who allows another person to carry on his business becomes liable to prosecution for illicit traffic. Each municipality fixes the hours for closing. In the event of any great dis- turbance or of the use of a drink-shop as a rendezvous for suspected persons, the Chief of Police may close the establish- ment for as long a period as one year. The temperance movement as under- stood in English-speaking countries has not yet had birth in Italy. There is a temperance society with headquarters at Milan, but it is not based on teetotal prin- ciples and no results of its work are mani- fest. Jamaica. — This important West In- dia island is famed for its rum, distilled Jamaica] 260 [Japan. from the juice of the sugar-cane. It is an English colony, and the British Govern- ment has uniformly encouraged rum pro- duction, though raising a considerable revenue under a characteristic English system of excise. The relative magni- tude of the rum "industry" will be seen from the following list of values of chief exports for the year 1888: Dye- woods, £360,750; tropical fruits, £337,- 652; coffee, £321,440; sugar, £288,402; rum, £202,420; pimento, £44,728. The following table shows the number of puncheons of rum (of 90 gallons each) exported, and their values, for a period of 10 years : Yeaks. Puncheons. Values. 1879 18,791 £197,320 1880 18,584 209,091 1381 13,958 174,406 1883 22,742 295,645 1883 20,349 225,963 1884 20,364 220,613 1885 21,991 234,053 18813 14,764 184,545 1887 24,120 301,574 1888 18,684 202,420 Although 45 per cent, of Jamaica's trade is with the United States, we re- ceive comparatively little of her rum. Only 238 puncheons, valued at £2,586, were shipped to the United States in 1888. Yet so-called Jamaica rum is one of the commonest drinks sold in Ameri- can barrooms. An export duty of 2s 6d is levied by the Government on each puncheon. There are but very slight restrictions on the manufacture, the tax on each still being only £5 per annum. A yearly license to sell spirits by wholesale costs £10 in Kingston and £5 in each other parish ; license to retail, £25 in Kingston, £20 in various other towns and £10 in each remaining locality; tavern license, £20 in Kingston and £10 in other parishes; hotel license, £10 in Kingston, £5 elsewhere. Import duties of 10s per gallon are charged on spirits, 6d per gallon on beer and 2s 6d per gallon on wine. The revenue receipts from rum duties average about £80,000 per year; for the first eight months of the fiscal year 1888-9, they amounted to £62,073, while the receipts from licenses in the same months reached £10,472. During the year 1888-9 there were issued 1,382 retailers', 32 wholesalers', 42 tavern and 4 hotel licenses. Japan. — When Commodore M. C. Perry in 1854 made the treaty with Japan by which the long secluded nation re-opened intercourse with Christendom, he was regaled with a banquet at which the native sake, or rice spirit, was freely served. Tasting it and inquiring the price of the various brands, which seemed to him to be remarkably low as com- pared with the cost of food and clothing, he fell into profound thought. The Japanese officers, thinking he might be offended, asked him, through the inter- preter, of what he was thinking. He replied that he considered it a great calamity to a nation to have intoxicating liquor so plentiful and so cheap. This gave his entertainers food for thought, and the words of the American Com modore (who, by the way, had already advocated the abolition of the grog ra- tion in the navy, and whose fleet was the first governed without flogging or the use of the lash) were duly reported in Yedo. 1 The national drink of the Japanese is brewed or distilled from rice, and the saM thus obtained is of varying strength, ranging from weakest beer to strongest brandy. Other intoxicating liquors are produced from sweet potatoes, molasses, grain, grapes, etc., but these are articles of local manufacture and are not in gen- eral use. The sake varies in alcoholic strength from 4 to 50, averaging about 15 per cent. ; though the unexpelled fusel oil, which is abundant in the cheaper grades, has a maddening effect on the drinker and is in itself a specific as well as prolific source of crime. The word sake is probably a corruption of masa-ke or pure spirit, and is pictorially repre- sented by the Chinese characters for " fluid " and " jar." The brewing indus- try was brought from Corea, and the drink has been known and made since the Christian era, but on a large scale only since the 16th Century. The old legends and mythology, as well as the ancient Shinto liturgies, make copious reference to it as the intoxicant of dragons and the offering acceptable to the gods. Itami and Iki da, two places near Osaka, are famed as having the old- est breweries, from which millions of casks of liquor have gone, and to which 1 Life of Matthew C. Perry, p. 341. Japan.] 261 [Japan. thousands of horse-loads of silver have returned to enrich the brewers. " If you see one large, high, well-built house, stand- ing in enclosed grounds, with a look of wealth about it, it is always that of the sake brewer," says Miss Bird. Though the Japanese of both sexes and of all classes drink sake, the universal consump- tion of tea has been a great safeguard to the nation, and the industry of sake brew- ing is relatively of less importance than the manufacture of beer in England. Until 1878, the Government tax was but 10 per cent.; but in 1879 this was increased to one yen (73.4 cents) per koku (39.7 gallons). In 1880 this tax was doubled, and in 1883 doubled again, the tax being now about 7^- cents on a gal- lon. The effect of the tax has been to reduce the number of liquor-manufac- tories : in 1883 there were 25,814 brew- eries and distilleries; in 1884, 21,824; in 1885, 18,387 ; in 1886, 16,425, and in 1887, 15,025. The product in 1883 was: common sake, averaging about 12 per cent, of alcohol, 19,583,592 gallons ; dis- tilled spirits, 308,148 gallons ; other kinds of sake, 361,084 gallons. Formerly the liquor manufactured in private vats or stills for family use, and prohibited from sale but not taxed, was unlimited in quan- tity, and no note of it was taken by Gov- ernment. Since 1884 this private pro- duction has been put under the Excise laws, which limit the production to 39.4 gallons to one household, with a tax of 58 cents on the same. Taxation does not in this case seem to have diminished, but rather to have increased production. While in 1883, 495,758 koku, or in round numbers, 19,830,320 gallons of sake were made, the figures for the years 1884, 1885 and 1886, respectively, were 21,330,280, 22,919,800, and 25,291,480 gallons. The number of private brewers in 1883 was 670,361, and in 1886, 734,- 778. The Government is probably un- willing to impose a heavier tax on the sake industry, lest the country be flooded by the import of the Chinese article. The consumption of foreign liquors is increasing, as the figures of the Bureau of Statistics in Tokio conclusively show. In 1883, the value of the various alcoholic liquors imported (chiefly from Europe) was $220,716, and in the following years until 1887, $224,782, $262,018, $358,598 and $615,063 respectively. The demand for beer is steadily increasing. Several native companies and one foreign com- pany have been organized to manufacture beer, and the development of this new "industry" is likely to be rapid. The growth of beer-consumption is shown by the increase in the number of beer-shops in the city of Osaka from 13 in 1886 to 490 in 1888. 1 The British Consuls have advised the English brewers to pay especial attention to the Japan market. Foreign influence has not yet, however, inflicted the opium curse upon Japan. The poppy is grown to a limited extent, and some opium is imported, but the sale is subject to the strictest regulations and the opium habit does not prevail to any marked extent. The estimated revenue from home- brewed sake for 1889-'90 is $10,642,019, or 18 per cent, of the total revenue of the Government. It is evident, however, that much more than the amount which comes under Government cognizance is produced, especially in the rural districts. "Taking into consideration," says Pro- fessor Atkinson, in his " Chemistry of Sake Brewing/' "only the amount of ordinary sake used (in 1881), sav 5,000,- 000 koku, or 198,000,000 gallons, the consumption corresponds to six gal- lons per head per annum, reckoning the population at 33,000,000. If it were diluted twice so as to be about the same strength as beer, the consumption would be doubled - that is, 12 gallons a head, while the consumption of beer in Eng- land averages 34 gallons per head, nearly three times as much as in Japan." We may add that the population of Japan by census completed Dec. 31, 1887, was 39,000,000, which number being divided into 144,887,600, the total present pro- duct of sake (40 gallons per koku), gives not quite four gallons per head. Com- bining the total consumption of foreign and native liquor, the average would be much higher, and probably nearly as high as in the days before the Perry era. In addition to the tax on production, the Government requires retail dealers to pay about $5 for a licens3, which is for revenue only, and is not intended to re- strict the sale. While taxation has re- duced the number of breweries and dis- tilleries, we are not to argue that the 1 On the authority of Rev. H. J. Rhoadee, American missionary in Tokio. Japan.] 262 [Jewett, Charles. Japanese have become more temperate, and the situation morally is probably- made worse since the introduction of European drinks, In their drinking habits, the Japanese consume in simple drinking but a trifling amount " on the premises" where bought, most of the tapsters (whose sign, by the way, is a bush of pine) supplying families or inns (" tea- houses") in wooden casks or measures of three different sizes -the go (1.27 gill), cho (1.58 quart) and to (3.97 gallons). The liquid is usually drank hot, having been heated in decanters set in vessels of boiling water. The cups used are of the tiny sort, holding a half or quarter of a gill. Hence the sight of foreigners drink- ing out of tumblers and glasses, when first seen by a Japanese, suggests gluttony and drunkenness, or calls to mind the mythical sho-ji. 1 These red-haired be- ings are represented with long scarlet hair and long-handled dippers carousing around a huge jar of intoxicating liquor set near the sea-shore. The major part of home-made liquor is used by the Japanese at meals, in cook- ing, at hotels, feasting, picnics and on social occasions, and the proportions and strength of the various kinds of alcoholic liquids is shown in the figures of produc- tion in 1880 : ordinary sake, 200,603,3(50 gallons; turbid sake, 2,519,760 gallons ; white sake, 60,000 gallons ; sweet sake, for cooking, 1,542,760 gallons; liqueur, 144,600 gallons ; spirits, 3,348,320 gallons. The average Japanese, then, drinks a compound containing about 10 or 12 per cent, of alcohol, and the toper indulges in distilled sake, or whiskey. Whether the Japanese are a temperate or intemperate people is a question of relativity. A reader of books like those of Alcock, and others who wrote in the days when tipsy ronin and two-sworded swash-bucklers roamed freely around, maddened with drink and ready to slice up dogs and for- eigners alike, will get the idea that half the Japanese are nightly drunk. As a matter of undisputed fact, the curse of Japan, next to licentiousness, is drunken- ness, and the typical rich man is the sake merchant. Seven per cent, of the entire rice crop (which is the principal crop) was, until lately, turned into sake. The drink habit is in Japan the fruitful cause 1 Japanese Fairy World, p. 102. of quarrels, murders, alienation of friends, ruin of families and manifold crimes ; and its associations are those of gluttony, excess, prostitution and waste. The Gov- ernment statistics, it is hoped, will soon be applied to exploiting this whole sub- ject. In the work of reform the outlook is hopeful. The Christian churches are on the side of temperance, and most of them favor total abstinence or Prohibi- tion, and through the labors of earnest men and women, mostly American, tem- perance societies and literature have been introduced. Many high-minded natives give their co-operation in the warfare against drink, and the interests of the cause derive advantage from the precepts laid down in the sacred Buddhist books and the traditions against the use of al- coholic liquors that appeal to those ad- hering to the religion of their fathers. In some Buddhist sects total abstinence is rigidly practiced, but laxity is the rule and the priests are not generally disposed to insist on strict observance. But as compared with the situation in 1854, and despite the added curse of foreign im- portation, the outlook in 1890 — the year of Japan's new Constitution and repre- sentative Government — is one of promise. William Elliot Gbiffis. 2 Jewett, Charles. — Died April 3, 1879. In 1826 he issued for private cir- culation an address in verse. to the town authorities of Lisbon, Conn., his place of residence, setting forth the iniquity of granting liquor licenses. A little later he attended a course of medical lectures at Pittsfield, Mass., and in 1829 began the practice of medicine in East Greenwich, R. I. In 1832 he was married and the same year prepared an address on intem- perance which was printed and widely circulated, and secured for him many ap- pointments to speak. In 1835 he began the practice of his profession in Centre- ville, R. I. In 1837, through the instru- mentality, largely, of Rev. Thomas P. Hunt, he gave up the practice of medicine to become agent for the Rhode Island State Temperance Society. His lectures were especially valuable and forcible at that time, since his medical training en- abled him to treat the drink question in 2 The editor is also indebted to Rev. George G. Hud. eon, Wakayarna, Japan, and Mary Clement Leavitt. Jews.] 263 [Joy, Benjamin. its scientific and physiological aspects, lie was a delegate from Khode Island to a notable temperance convention, held in Boston in 1839. In 1840 he accepted the position of Agent of the Massachusetts Temperance Union. In 1846 his con- tributions to the Temperance Journal, organ of the American Temperance Union, attracted notice. In 1849 friends presented him with a purse of $1,000, which enabled him to purchase a farm near Milbury, Mass., where he lived until 1854, when he removed to Faribault, Minn. While he was residing there he was beset with pecuniary embarrassments. These were relieved by his warm friends in the temperance work, John B. Gough and Lucius M. Sargent, each presenting him with a check for $500. Returning in 1855 to Massachusetts, he became Lecturer for the Temperance Alliance of that State. He published a book, " Forty Years' Fight with the Drink Demon," and 'throughout his life was a very pro- lific contributor to popular temperance literature. Jrfws. — No action on total abstinence or Prohibition has been taken by any representative body of the Jewish Church in America. Experience has shown that the general attitude of the Hebrews is opposed to radical measures. This state- ment is confirmed by Joseph Davis, ed- itor of the Hebrew Journal, who writes : "Intemperance has not been a crying evil among the Jews, and has thus neces- sitated neither conference nor legislation. Individually the Jews are interested in the question only as American citizens. The general drift of opinion among our people is antagonistic to legislative Pro- hibition, but in favor of such regulation of the traffic as will afford least tempta- tion to drinking outside the house." [See also Bible Wines and Passover Wines.] Joy, Benjamin. — Born June 23, 1800, and died Feb. 18, 1869. He was one of the most active and indomitable pioneers of the temperance reform. He spent the largest portion of his life in Ludlowville, Tompkins County, N. Y. Being a merchant and manufacturer, his business interests caused him to travel extensively through the central and west- ern parts of his State. In 1827, while visiting the neighboring town of Hector, he learned from Dr. Jewell that a society had been formed there on the pledge of total abstinence from wine, cider and all intoxicants. He returned home and or- ganized a society on the same basis at Ludlowville, Dec. 31 of the same year. This was one of the earliest teetotal societies in the world. In his frequent trips through all that region, driving from schoolhouse to schoolhouse and church to church, he denounced the drinking usages and formed societies for the pro- motion of abstinence. His labors of love were without any "pay" — except the perse- cutions of the rumsellers, who cut the har- ness from his horse and endeavored to break up his meetings. Once they broke a whiskey-bottle near his head and the old hero shouted with great glee : " Good ! my boys, good ! served him right ! one more devil cast out ! I came here to help smash rum-bottles." Benjamin Joy was a most zealous Christian, and it was at a religious service held at his house, in Feb- ruary, 1843, that the author of this sketch decided to enter the Christian ministry. In 1865 he took a prominent part in the National Temperance Convention at Sar- atoga and stood with Mr. Delavan and Gerrit Smith in the leadership of the cause in the State of New York. The closing years of his noble life of philanthropy were spent in Penn Yan. His last evening on earth was in a meet- ing of Good Templars, where he spoke with great power. Before morning he died. His honored friend, Dr. John Bascom, adds the following testimony : " Benjamin Joy was a very "bright man, full of humor and an admirable story teller. He had a pliant, expressive face that gave a running commentary on what he said, and a pictorial en- forcement of it He shared the interest of his topic with his audience, and it was evidently a pleasure for him to speak. He was als:> a very devout man. The strenuous way in which he enforced social truth, both on the question of slavery and of temperance and his personal resources in gathering pleasant and aidf ul ma- terial in support of his theme, constituted one of the strongest and most beneficent impressions of my childhood and youth." Rev. Dr. David Magee writes : ' ' No one can forget the addresses of Mr. Joy. How his eye kindled and the tones of his voice deepened as he became more and more engaged, his address overflowing with wit and humor, then melting into pathos, rising at times into the keenest sarcasm and occasionally into terrible invective For 45 years he gave, without re- muneration, his time and strength and talents Kansas.] 264 [Labor and Liquor. to this work. In 1853 he was elected to the Legis- lature on the temperance issue, and of him a journalist of that day (T. W. Brown) wrote : ' No man at the capital, as a man, a temperance advocate or a legislator, wields more moral power than he. As a debater he is clear-headed, cool, self-poised and ready, and never surprised in any of the strategy which marks the stirring conflicts of the session. His enemies love him while they fear him. As a speaker, no man holds in more complete subjection the turbulent elements of ths House.' Mr. Joy was especially instrumental in framing the Prohibitory law which was finally passed, only to be vetoed by Governor Horatio Seymour. Only three weeks before his death he delivered his annual address to the people of Tompkins County, in which he said: 'By every throb of affection, by every memory of the kindness of the people of Tomp- kins to myself, I long and pray for their de- liverance and the deliverance of their children from the scourge and curse of strong drink. And now, after a world of experience and ob- servation, chastened by many trials, far along in the autumn of life, with the headlands of another world plainly visible, I solemnly de- clare that the importance of the subject^ of temperance grows in my esteem with advancing years, and I thoroughly justify every endeavor, every labor, every "forced march" and ex- posure, every sacrifice I have ever made for the cause, and have only to regret that I could not have done more.'" Theodoke L. Ctjylek. Kansas.— See Index. Kentucky.— See Index. Knights of Temperance. — A juve- nile temperance society, organized in 1885, under the auspices of the Church Tem- perance Society (Protestant Episcopal) and designed for boys and young men from 14 to 21 years of age. There is no element of secrecy, though none but members are expected to attend the regular meetings. Every Company has a Captain and nine other officers. The fol- lowing pledge is taken by each member : •' I promise with the help of God to abstain wholly from strong drink as long as I continue a member of this Order. Moreover. I ac- knowledge it always to be my duty to avoid whatever words and deeds are indecent or pro- fane. I distinctly understand that to break this promise which I have just made or to be guilty of any word or act indecent or profane, will make me liable to suspension or dismissal from this Order." Koran.— See Mohammedan's. Labor and Liquor. 1 — The eco- nomic arguments against the liquor traffic i The editor is indebted to Frank J. Sibley of Demorest, Ga., Ralph J. Beaumont of Addison, N. Y., and A. M. Dewey, formerly editor of the turned of United Labor. have always found their strongest sup- port in the unhesitating recognition that, whatever may be said of the effort to stop drinking, it is wholly beneficent and righteous when considered from the standpoint of the laboring man's interests. To establish the unmitigated evil and folly of drink indulgence among the poor, it was indeed never necessary that a dis- tinctive temperance movement should be created. Ordinary observation and in- telligence were sufficient. Long before teetotal or even "moderation" societies were founded, Benjamin Franklin wrote this interesting reminiscence of his apprentice- ship in Watt's printing-house in London in 1725 : '• I drank only water; the other workmen, nearly fifty in number, were great drinkers of beer. On occasion I carried up and down stairs a large form of types in each hand, when others carried but one in both hands. They wondered to see, from this and several instances, that the "Water- American, as they called me, was stronger than themselves, who drank strong beer. We had an ale-house boy, who attended always in the house to supply the workmen. My com- panion at the press drank every day a pint be- fore breakfast, a pint at breakfast with his bread and cheese, a pint between breakfast and din- ner a pint at dinner, a pint in the afternoon about 6 o'clock, and another when he had done his day's work I thought it a detestable custom, but it was necessary, he supposed, to drink strong beer that he might be strong to labor. I endeavored to convince him that the bodily strength afforded by beer could only be in pro- portion to the grain or flour of the barley dis- solved in the water of which it was made; that there was more flour in a "pennyworth of bread, and therefore if he could eat that with a pint of water it would give him more strangth than a quart of beer. He drank on, however, and had four or five shillings to pay out of his wages every Saturday night for that vile liquor; an expense I was free from. And thus these poor devils keep themselves always under. " ' 2 When practical organized work for temperance was begun in the United States, one of the first steps taken was the discountenancing of the practice of serving liquor to farm-hands. The espe- cial object of Father Mathew's great crusade was to reform the drinking habits of the poor people. Moral suasion under- takings have always been prosecuted peculiarly for the elevation of the masses. The whole drink problem has its root in the frightful excesses, suffering and pov- erty inflicted on the multitude by alcohol; and the continuance of the temperance 3 Franklin's Autobiography ( u Works," edited by Jared Sparks, Boston, 1840), vol. 1, p. 59. Labor and Liquor.] 265 [Labor and Liquor. reform as a necessarily permanent factor of modern propagandise! is justified and made certain by nothing so much as by the universal conviction that drink is one of the worst obstacles to the moral and material betterment of the working classes, now so earnestly striven for by vast organizations and regarded by most good people as a chief aim of humane en- deavor. But not until recently has the formal co-operation of influential Labor forces and representative Labor leaders in the radical temperance agitation been vouch- safed to any important extent. Upon the formation of the widespread Amer- ican Order of Knights of Labor in 1878, a clause was inserted in the constitution providing that no saloon-keeper, bar- tender or any person in any way con- nected with the liquor traffic, should be eligible to membership. The reasons governing this action were thus expressed by John B. Chisholm, a Pennsylvania miner, who was the author of the clause : " I want to save this Order from the evil which has been the curse of every organ- ization of miners in the history of the Labor movement. I want the Knights of Labor to succeed, and this they can never do if in any way contaminated with that which does only harm to the human family. The saloon has no real sympathy for labor, and only robs the worker of the hard-earned money which ought to go for the comforts of wife and little ones at home." The Knights of Labor have adhered to the policy originally adopted, and in 1887 their attitude was emphasized by the addition of the follow- ing amendment to their constitution by the consent of more than two-thirds of the Assemblies: " No Local or other Assembly member shall directly or indirectly give, sell or have any ale, beer or intoxicating liquors of any kind at any meeting, party, sociable, ball, picnic or en- tertainment pertaining to the Order. Any mamber found guilty of violating this law shall be suspended not less than six months, or ex- pelled. N o fine shall be imposed for this offense. Any Local or other Assembly so offending shall be suspended during the pleasure of the General Executive Board, or shall have its charter re- voked by said Board." Necessarily the position taken by so powerful an organization as the Knights of Labor, with a membership in excess of 200,000, was a great advantage to the temperance cause. In various practical ways the most radical anti-liquor prin- ciples have been promoted by the Knights. Mr. T. V. Powderly, the head of the Order, and the other general officers, have publicly taken pledges to abstain entirely from the use of intoxicating liquors dur- ing their terms of office. In impassioned addresses and writings that have been conspicuously published, the foremost leaders have repeatedly arraigned drink as the worst enemy of the general inter- ests of organized Labor as well as of in- dividual workingmen. 1 They have also I The following is from a letter published by Mr. Pow- derly in the Journal of United Labor for July 2, 1887: "I know that in the organization of which I am the head there are many good men who drink, but they would be better men if they did not drink. I know that there are thousands in our Order who will not agree with me on the question of temperance, but that is their misfortune, for they are wrong, radically wrong. Ten years ago I was hissed because I advised men to let 6trong drink alone. They threatened to rotten-egg me. I have continued to advise men to be temperate, and though I have had no ex- perience that would qualify me to render an opinion on the efficacy of a rotten egg as an ally of the rum-drinker, yet I would prefer to have my exterior decorated from summit to base with the rankest kind of rotten eggs rather than allow one drop of liquid villainy to pass my lips or have the end of my nose illuminated by the blossom that follows a planting of the seeds of hatred, envy, malice and damnation, all of which are represented in a solitary glass of gin. ... II He [the drunkard] robs parents, wife and children. He robs his aged father and mother through love of drink. He gives for rum what should go for their support. When they murmur he turns them from his door, and points his contaminated drunken finger toward the poorhouse. He next turns toward hie wife and robs her of what should be devoted to the keeping of her home iu comfort and plenty. He robs her of her wedding-ring and pawns it for drink. He turns his daughter from his door in a fit of drunken anger and drives her to the house of prostitution, and then accepts from her hand the proceeds of her shame. To satisfy his love of drink he takes the price of his child's virtue and innocence from her sin-stained, lust-bejewelled fingers, and with it totters to the bar to pay it to the man who ' does not deny the justice of my position.' I do not arraign the man who drinks because ne is poor, but be- cause through being a slave to drink he has made himself and family poor. I do not hate the man who drinks, for I have carried drunken men to their homes on my back rather than allow them to remain exposed to inclement weather. I do not hate the drunkard — he is what drink effected; and while I do not hate the effect, I abhor and loathe the cause. . . " In the city of New York alone it is estimated that not less than $250,000 a day are spent for drink, $1,500,000 in one week, $75,000,000 in one year. Who will dispute it when I say that one-half of the policemen of New York City are employed to watch the beings who squander $75,000,000 * Who will dispute it when I Bay that the money spent in paying the salaries and expenses of one- half of the police of New York could be saved to the tax- payers if $75,000,000 were not devoted to making drunk- ards, thieves, prostitutes and other subjects for the policemen's net to gather in ? If $250,000 go over the counters of the rumseller in one day in New York City alone, who will dare to assert that workingmen do not pay one-fifth, or $50,000, of that sum ? If workingmen in New York City spend $50,000 a day for drink, they spend $300,000 a week, leaving Sunday out. In four weeks they spend $1,200,000 — over twice as much money as was paid into the General Assembly of the Knights of Labor in nine years. In six weeks they spend $1,800,000— nearly three times as much money as that army of organized workers, the Knights of Labor, have spent from the day the General Assembly was first called to order up to the present day; and in one year the workingmen of New York City alone will have spent for beer and rum $15,600,- 000, or enough to purchase and equip a first-class telegraph line of their own: — $15,600,000, enough money to invest Labor and Liquor." 1 266 [Law and Order Leagues. shown their opposition to the license system by advising their followers to sup- port Prohibitory Amendments to State Constitutions. In the Pennsylvania Amendment campaign, the Journal of United Labor, official organ of the Order, emphatically endorsed Prohibition in preference to High License. l In the article on Farmers it is shown that the agricultural organizations of the United States, forming a highly import- ant branch of the Labor movement, are outspoken and aggressive foes of the saloon. The Catholic Total Abstinence Societies, whose membership is made up chiefly from the ranks of the laboring people, are constantly spreading the prin- ciples of personal temperance among the wage-workers. The influence of an in- creasing number of very eminent and earnest Catholic divines, like Bishops Ire- land and Spalding, and of humbler though none the less energetic members of the clergy like Father Martin Ma- honey of Minnesota, is no doubt respon- sible for much of the sturdy sentiment that is being developed. In other coun- tries there is a growing recognition by Labor advocates of the necessity of com- in such co-operative enterprises as would forever end the strike and lockout as a means of settling disputes in labor circles. U A single county in Pennsylvania, so lam informed, spent in one year $17,000,000 for drink. That county con- tains the largest industrial population, comparatively, of any in the State:— $11,000,000 of the $17,000,000 comes from the pockets of workingmen. New York City in one year contributes $15,600,000 to keep men and women in poverty, hunger and cold, while one county in Pennsyl- vania adds $11,000,000, making a total of $20,600,000." 1 The Journal said, April 11, 1889 : "Pennsylvania, Massachusetts and Nebraska are just now discussing Prohibitory Amendments to their re- spective Constitutions. Thousands of our members will be called upon to choose between the saloon ? with its at- tendant miseries and vices, and the home with its mani- fold blessings. Let us hope that the choice will be wisely made. Remember that no Assemby was ever conducted better because its officers or members were privileged to visit the saloon, either before or after the meeting. No strike by a labor organization was ever made successful through the use of intoxicating liquors. No man ever be- came a better Knight or any Knight a better man by put- ting into his stomach the stuff which fires the brain and drives the manhood from the man. The reverse of all this has ever been the case, as all history of Labor will go to prove. lt This question is not a political one in any sense. It is a question of morality. The present industrial system encourages drunkenness and vice. They are the legitimate outcome of long hours of hard labor and low wages. In their demoralized and well-nigh helpless condition the wage-workers are scarcely able to help themselves, and we would have this one great curse to the industrial masses, this strong temptation to spend their meagre earnings at the expense even of their manhood, removed as far as pos- sible from them. If the appetite can be controlled in no other way we would make it impossible for them to get the Btuff with which to satisfy it. " When the time comes for the hosts of Labor to speak on this important question, we trust that all will remember that the work of Labor reform can be accomplished quicker and better with clear bn'ins and pure water than with muddled brains and poor whiskey." bating drink. In one of the greatest strikes ever inaugurated and won in Eng- land, that of the London dock-laborers in the winter of 1889-90, the leader, John Burns, was a total abstainer, and his success was attributed to his efforts in behalf of sobriety among the men, as much as to any instrumentality. Michael Davitt, one of the most beloved of the Irish popular leaders, wrote in a letter to the Convention of the League of the Cross at Thurles, Ireland, July 23, 1889 : " The fact that, poor as our country is, we waste over £11,000,000 a year on in- toxicating drinks is a most deplorable one to dwell upon. Half that sum, need- lessly wasted as it is now, would set every woolen mill in Ireland running to-mor- row, and be thereby the means of keep- ing our young people from running out of the country for want of employment." But while temperance radicalism, is no longer exceptional among those best qualified to speak for Labor, it is not to be denied that much work must be done before the hostility or indifference of the masses can be overcome. This is so well attested by the multiplication of dram- shops in the poorer parts of every city that it is unnecessary to call attention to details. [For information concerning labor employed by the liquor traffic, etc., see Liquor Traffic. For testimony as to the advantages derived by wage-workers from Prohibitory systems, see Prohibition, Benefits of.] Law and Order Leagues. — In a very large number of American cities the liquor regulations instituted by State au- thorities are distasteful to a considerable element of citizens, whose thorough or- ganization and political activity enables them to control nominations and elec- tions. Accordingly the officials who have to do with enforcement are frequently mere tools of the liquor-saloons; and in an equally large number of cases well- meaning officials are influenced by party considerations, or find it impossible to command effective co-operation from the persons associated with them in the ex- ecution of law. To counteract such con- ditions, the supporters of Prohibitory or restrictive measures have been led to or- ganize Law and Order Leagues, pledged to prosecute the work of enforcement by the use of all available means. Public meetings are held, moral encouragement Law and Order Leagues.] 267 [Law and Order Leagues. is volunteered, money is subscribed by sympathizers, detectives are employed, much evidence of violation is secured, pressure is exercised on the authorities, cases are brought to trial, and results are more or less satisfactory according to the ability, zeal and perseverance of the leaders and the disposition of officials, Courts and juries, the press and the public generally. Law and Order methods were tried, to some extent, in the early days of the Prohibition movement. (See p. 67.) But they did not become widely popular among the temperance people until the Chicago Citizens' League had made its successful attacks on lawless saloon- keepers. This League was founded in 1877. Its object was to prevent the sale of liquor to boys, and " Save the Boys " was adopted as its motto. The number of arrests of minors had reached appalling proportions in Chicago. Through the en- ergetic work of the chief officer of the League, Andrew Paxton, there was an im- mediate improvement: the number of minors apprehended was diminished, in five years, by several thousands ; many liquor- dealers were prosecuted and convicted; public sentiment warmly approved the crusade, and more advanced legislation was enacted at the instance of the League. Mr. Paxton devoted the remainder of his life to this cause, continuing his labors in Chicago and helping to, found similar societies in other cities. He was bitterly hated by the rumsellers, and was mur- derously assaulted a number of times. Innumerable Law and Order Leagues have sprung into existence since 1877. In nearly every city and' town where the conduct of the officials has been objection- able, there has been some attempt to ap- ply the Chicago remedy. In Philadelphia a very useful Law and Order Society has been at work for several years, under the direction of Lewis D. Vail and other prominent men ; and when the licensing authority was transferred to the Judges under the Brooks law of Pennsylvania, it was the detailed evidence against saloon-keepers, provided by this Society, which caused the Court to make the sweeping reduction in the number of licenses. Especially deserving of mention, also, are the efforts in behalf of enforce- ment made from time to time by organi- zations of private citizens in Brooklyn, Pittsburgh, Cincinnati, Bangor (Me.) and Sioux City (la.). It was in the last-named city that Dr. Haddock was assassinated for venturing to bring to justice the liquor-dealing criminals whom the police authorities had left undisturbed. (See Haddock, George C.) Indeed, Law and Order undertakings have always involved danger of life and limb to those engaged in them. While a few Leagues have operated successfully for years, nearly all have ex- pired, or become inactive, after brief careers. Even the most faithful and vigorous workers are discouraged by the unbroken successes of the saloon element at the polls, and the apparent hopelessness of waging a costly fight for enforcement against hostile officials. They are also disposed to question the value of achieve- ments which, while leading to conviction and punishment in individual cases, are at best only partial and temporary, and do not seem to really cripple the traffic or to compel the liquor-dealers, as a class, to abide by the law. The good that is ac- complished under the impulses of enthu- siasm, and of the suddennessandnovelty of the movement, cannot withstand for any considerable period of time the reaction- ary effects of unfavorable legislation and of antagonistic governmental manage- ment. Even in Chicago, where circum- stances promoted the single aim of the League— to keep the boys out of the saloons, — the arrests of minors increased from 6,550 in 1885 to 8,923 in 1888. Badical persons prefer to devote their best energies to the fight against the drink habit and the license system, and thereby to strike at the root of the evil, rather than to spend them in temporary conflicts for slight advantages. Nevertheless, Law and Order Leagues have undoubtedly been of much service locally. They have expelled the defiant rum traffic from numerous Prohibition towns and have been instrumental in stimulating public sentiment and putting an end to the pretense that Prohibition cannot be enforced. The uniform op- position which they encounter from all liquor-sellers testifies to their value. While the limitations under which they operate are clearly recognized, they are regarded as allies by all the Prohibition and other temperance organizations. Since the main purpose of Law and Order work is to procure evidence of un- Lawlessness.] 268 Lawlessness. doubted violations — evidence that will be acceptable to the Courts, — the employment of detectives is indispensable. The liquor- dealers, who have no scruples against assassinating, maiming, " slugging " and mobbing their opponents, and who are constantly violating every restrictive pro- vision of liquor and other laws, profess a virtuous detestation for the temperance " spies." Henry H. Faxon, who has had wide experience in all departments of temperance effort, and whose labors in Quincy, Mass. (frequently as a volunteer constable) have exterminated the dram- shops in that city, makes the following comment on the moral bearings of detec- tive service : "I trust there is not a person here who is so simple as to believe that licensed liquor-sellers will aid in enforcing the law against unlicensed dealers. They well know that such action would jeopardize their own interests, for the reason that they themselves violate the provisions of their licenses times without number. A man who pays $1,000 for a license to sell whiskey in this enlightened age realizes that in order to succeed financially he must evade many strin- gent features of the existing law. " I desire to impress upon my hearers the fact that it is impossible to enforce the law without the aid of detectives. They are a terror to law- breakers, whether of the rumselling or any other fraternity. Liquor-dealers are untiring in their efforts to impress upon the Courts and the peo- ple in general the unreliability of ' spotter evi- dence,' as they are pleased to term it. How truly angelic these men have appeared when they were condemning me for employing parties to purchase liquors, even by the bottle, for the purpose of obtaining evidence whereby I might convict them! No doubt there are dishonest detectives; but, so far as my own experience goes, the greatest rascal among them is more truthful than any rumseller. Criminal lawyers who defend liquor-dealers for a business, will tell a dozen lies where a detective will tell one, and will use their slanderous tongues in insulting every witness who, for the sake of promoting Law and Order, has the courage to take the stand against their clients." ' The various societies are represented nationally by the Citizens' Law and Order League of the United States (Charles C. Bonney of Chicago, Presi- dent, and L. Edwin Dudley of Boston, Secretary), which holds its meetings on Washington's Birthday of each year. Lawlessness. — The liquor traffic is emphatically a law-defying traffic.' Its advocates constantly tell us in regard to 1 From a speech at a meeting of the Citizens 1 Law and Order League of Massachusetts, May 1, 1889. any law which opposes its interests, "You cannot enforce it." In other words, the liquor traffic will violate and defy any law which it does not like to obey. This is the claim of the dealers and their friends. It is also their con- stant practice, as it has been since the foundation of our Government. As early as 1794, the western counties of Pennsyl- vania, with some adherents from Ohio and Virginia, rose in arms to resist the Excise tax on whiskey of 9 to 25 cents a gallon according to the strength of the liquor. The insurgents burned the house of the Inspector, John Neville, and forced him and the United States Marshal to flee for their lives down the Ohio liiv- er in an open boat. They then assembled about 16,000 men in arms, and compelled President Washington to call out the militia to the number of 15,000 against them. It is noteworthy that the very first armed resistance to the authority of the United States was in behalf of whiskey, and that George Washington had to force the liquor traffic to obey the law at the point of the bayonet. It is noticeable, too, that the traffic displayed this spirit before there was any thought of Prohibi- bition — almost a century ago. The prevalent lawless attitude of the rum power can be most instruc- tively considered from a few striking in- stances. In the city of Cincinnati for about 20 years the sale of liquor on Sunday was practically unmolested, State laws to the contrary notwithstanding. The Scott law and afterwards (in 1885) the Dow law made concessions to the Cincin- nati rumsellers by authorizing City Coun- cils to permit liquor-selling on Sunday. The City Council of Cincinnati promptly passed a permissive ordinance. But so great was the clamor of temperance men that in 1888 the Owen Sunday law was enacted, completely prohibiting Sunday- selling and making it a criminal offense even to keep open " the place " where liquors were sold on other days. Kev. John Pearson, in Our Day for September, 1889, graphically tells what followed. He says : " With a great show of virtue Mr. Amor Smith, then Mayor, ordered all arrested who were found violating the law. The Saloon- Keepers' Asso.iation decreed that all should keep open, and that all expenses of prosecution Lawlessness.] 269 [Lawlessness. should be paid out of their common treasury. In each case a jury was demanded. The Police Court Jury provides that each of the 60 Council- men shall select 50 names to be put into a wheel and from it the venire of jurors shall be drawn'. Half a dozen of the cleanest men in Council did not furnish their quotas of names, but every saloon-keeper and his helper has supplied his consequently as high as 48 per cent, of the names on those lists have been found to be saloon-keepers or barroom dependents ! The remainder are generally those who it is certain will not convict. Consequently it is next to im- possible to secure a conviction. Once last year, when the evidence for the State was as clear as the noon, and the defense offered none, the jury returned a verdict of 'Not Guilty' without leaving their seats! When the Mayor had piled up nearly 2 000 cases in the Police Court he an- nounced that ha would make no further attempt to enforce the law, as he was ' satisfied the peo- ple do not want it enforced.' The city was under the heel of the saloon. The worst of all was that a veritable pusillanimousness had taken possession of that part of the people that really wanted the law enforced. They would assure you in a hopeless way that they fully agreed the saloons should be closed up, ' but you can- not do anything, and what is the use of trying it ? You will either show your weakness or make the rumsellers mad Tou had better let things alone.' This was so nearly universal as to threaten paralysis of any effort to throw off the yoke." Then the Evangelical Ministers' Meet- ing took up the question. A committee of 500 was formed, which presented at the municipal election of April, 1889, a mixed ticket made up of candidates of all political parties on the simple .issue of Sunday-closing, and elected their whole ticket except the Mayor. As the tide of public sentiment rose, the police officers were ordered to arrest all violators. The saloon-keepers then resolved to make "the muckers take their own medicine," and insisted that the Mayor should enforce the Sunday law against " common labor." Accordingly he " promptly issued his proclamation ordering all confectioneries, cigar and tobacco-stores, drug-stores ex- cept for medicine, barber-shops, groceries, meat-stores, etc., closed. This fearful stroke of retaliation proved to be in the main exceedingly popular. The barbers, the drug-store proprietors and nearly all the others were well pleased. For two weeks the city had real Sabbaths, show- ing above everything else that what nearly all pronounced impossible can be done — viz., the law can be enforced." In this is strikingly noticeable the difference between the liquor traffic and all other businesses. The saloon- keepers themselves procured an object- lesson to show they had stood alone in defiance of a law to which all other tradesmen quietly yielded. Threatening letters with skull and cross-bones were sent to persons prominent in promoting enforcement. " On Sunday, July 20, 1889, was reached the period of bloodshed. A member of the Law and Order League was set upon and brutally beaten— rescued only at the muzzle of a police- man's revolver, while that policeman himself was stunned with a blow from a loaded cane. At another time in the same beer-hall a quiet citizen, because he called for lemonade, was seized and beaten on suspicion that he was a Law and Order spy Later in the evening, in the same den, after its proprietor had been ar- rested and released on a $10,000 bond, another policeman going to arrest a bartender was also brutally assaulted, while the most villainous outcries rent the air. A meeting of saloon-keepers was held in Turner Hall on the ensuing Thursday afternoon, attended by five or six hundred, who adopted the following resolu- tions " ' Whereas, The well-known Owen law, through which corruption and hypocrisy can sneak in everywhere, threat- ens to become established in Cincinnati; and, " ' W/i&reas, No concerted action has been taken to re- sent the said law, which is an insult to common 6ense; therefore, be it " 'Resolved, That we,the saloon keepers here assembled, openly oppose this law, which is unpopular and damaging to our business; and therefore we have decided to keep our places of business quietly open on next Sunday, and on all succeeding Sundays, conducting our business as on any other day, and avoiding all disturbances. "_' Resolved, That we condemn the side and hack-door business as corrupting in its tendency, and we will make it our special duty to oppose it by all legal means. '"'Resolved, That each saloon-keeper who signs the resolutions of this meeting shall have our solid protection in every case of prosecution, and the expenses thereof shall he defrayed by our own means. 1 " About 300 saloon-keepers pledged them- selves in writing to keep open on the following Sunday. It is safe to say that no such compact was ever formed by the devotees of any other business in the United States. The result of that con- spiracy of defiance is told as follows : " We are glad to report that Mayor Mosby took his stand for law and order, and Col Deitsch manifested his ability to handle the lawless element, and it is due to the police force of this city to say that they did their duty fear lessly and promptly, with one exception, who was suspended on the spot by Lieutenant Scahill. Several officers were injured in making arretts, but every man was landed in the station-house, although many fights occurred and two incipi- ent riots were quelled by the timely arrival of help. After one of these, an immense crowd, who did not appreciate the manner in which they had been handled by the police, assembled at the Bremen Station, the ringleaders urging the crowd to assault the station-house. Suddenly the doors flew open and a large body of police, under Captain Hartley and Lieutenants Rakel and Langdon, filed out and quickly formed and Lawlessness.] r Lawlessness. drove the mob from the street. At the Oliver Street Station the officers found it necessary to play upon the crowd with the fire-hose to clear the street. The Police Board has stood nobly by the law. When on the late occasion of the Turnfest the Chief of Police issued, by com- mand of the Mayor, an order not to arrest violators of the law, the Police Commissioners, on complaint of a Law and Order man, tried the Chief for malfeasance and misfeasance in office and found him guilty. Last week they revoked the appointment of the private policeman in the notorious beer-garden alluded to above, and ordered the most determined prosecution of the assailants." Many have supposed that the persistent violation of law by the liquor traffic is due to the excessive severity of Prohibition, which, they affirm, "public sentiment does not sustain." These persons declare that High License is better than Pro- hibition " because it can be enforced, while Prohibition cannot." But the fact is that the restrictive provisions of High License laws are not enforced. The fol- lowing statements were given by the Agent of the Law and Order League of Pittsburgh in the Voice of Jan. 16, 1890: " There are just 92 licensed saloons in Pitts- burgh, paying the $500 fee under the Brooks High License law, but it is not an easy matter to give the exact number of ' speak-easies ' or unlicensed saloons in operation. The police authorities of the city claim that they have a list of over 700 ' speakeasies ' with the locations and testimony to convict, but, dog-in-the-manger like, they will neither prosecute themselves nor furnish the information to any one who will. These ' speakeasies ' nourish under the guise of ' boarding ' ' rooms to let.' grocery stores, and in cellars, garrets and stables, and are run very secretly. We are in a most deplorable state. ( lur county detective announces annually or oftener that he is just getting ready to wipe out the ' speak-easies,' but we never hear of any results. Our police are the creatures of a ring whose political power is perpetuated by the liquor element, and, as a consequence, when it does strike a blow at the unlicensed liquor- dealer it is generally directed against a man who has no political pull, or a poor woman." The Pawtucket (E. I.) Gazette and Clironicle, a strong Republican daily paper, for Oct. 18, 1889, said: "The citizens of Rhode Island cannot have forgotten the rather profuse assurances that were given them only a few months ago, that when the demon of Prohibition should have been exorcised from the body politic, once more would the State of Rhode Island rejoice in a government by law. Nor will they readily for- get with what unction the advocates of a repeal of Prohibition deplored the demoralizing influ ences of a law that was at variance with public opinion and, therefore, incapable of enforce- ment, thereby destroying popular respect for all law. If we mistake not,, the proposed conditions of righteousness have been fulfilled, and law has been made in entire harmony with that class of public opinion represented in the demand for repeal of Prohibition. Who says that law is either enforced or respected to-day in either Pawtucket or Providence 1 Is liquor being sold only according to law in eitheF city? How many law-breaking liquor-sellers have been ar- rested? There are laws and ordinances against drunkenness, and it is the sworn duty of officials to enforce these laws and ordinances. Is one drunken man arrested out of every ten that reel by our policemen ? Will somebody tell us the conditions under which law may be permitted to be enforced ? Or is it best to annul all law ?" Similar testimonies come from Chicago, St, Louis, Kansas City and Omaha. No- where are the restrictive provisions of High License laws obeyed. We have laws against selling liquor on Sunday, yet there is no day in the week when there are so many men intoxicated ; laws against selling to minors, yet boys are continually made drunk, and many before they are 21 become confirmed drunkards; laws against selling to men in the habit of get- ting intoxicated, yet the habitual drunk- ard is constantly made drunk again ; laws against selling within the neighborhood of an agricultural fair, yet the saloons do a most profitable business in fair time. The saloon-keepers, as a class, are known to be law-breaking and law-defying. Nor is this statement to be limited to the retail dealers.- In 1874-6 the rich distillers of this country proved themselves de- frauders of the revenue on a gigantic scale; and to-day the United States Gov- ernment keeps its agents in every brew- ery and distillery to watch the whole pro- cess of production' as a cat watches a mouse. Criminality sticks to every step of the inhuman traffic. The effect of the business upon the general administration of criminal law has been most pernicious. The shifts and evasions adopted to clear the saloon-keeper have been found ample to clear other criminals. Whenever we take pains to inquire whence his crimes originated, we trace the Anarchist straight back to the saloon. The Cleveland Leader says: " The saloon played a very disreputable role in the Chicago riots. Reports say that ' the men who had money spent it in getting drinks for them- selves and friends, and soon they were fighting drunk.' The Anarchists went forth from saloons to make their incendiary harangues and they slunk away, into saloons when charged Lawlessness.] 271 [Lawlessness. on by the police. August Spies and Michael Schwab were arrested in a room over a saloon where tbey print their Anarchist paper, and in the same room were found the forms of type from which incendiary hand-bills were panted. •' The Milwaukee riots were also fomented by Anarchists, who were aided in no slight degree by Ihe saloons. Large numbers of the rioters were striking employees of breweries; and the objective point of the mob at each of its wild demonstrations was either a brewery or one of the immense beer- gardens of the city." It is the same in New York. The chief Anarchist, Hcrr Most, was arrested in a saloon, and the moment he obtained bail was " dodging in and out of saloons all day," meeting and attempting to re- organize his followers. The early advocates of High License supposed — and the supposition seemed a ■ reasonable one — that the licensed saloon- keepers would be practically a police force to carry out the law against any dealers who might sell without license. But that hope utterly failed. The explanation is, that the licensed saloon-keepers, by Sun- day-selling, selling to minors and inebri- ates, etc., are themselves violators of law, and dare not invoke the law against un- licensed dealers, on the principle that "those who live in glass houses should not throw stones.'' These are remarkable facts. Prom the foundation of the Government to the present time the liquor traffic stands out as the great law-defying "industry," not "against Prohibition, but against any laws which restrict its profits or privileges. The first and most natural resort of the liquor traffic is deliberate violation of law carried to any extent of defiance or vi- olence. If there were no other reason for Prohibition this would be enough, that it is not safe to tolerate within our civili- zation a business which holds itself so haughtily, composed of 500,000 men closely organized, wielding untold mil- lions of capital, manipulating all the vilest elements of the populace, setting aside at its pleasure the laws of State or nation, and exhibiting to all the danger- ous classes of the community one great example of defiant, triumphant and pros- perous lawlessness. To allow this is to legalize anarchy. The law-defying traffic can be sup- pressed. While the liquor traffic differs from all other lines of business in a set- tled disposition to evade and defy the law, it does not differ from others in the necessity of submission to law in the hands of resolute officials. This has been found true from Washington's day to our own. The Whiskey Insurrection was suppressed, the distillers conceding the Government's right of taxation, which they have never since challenged, al- though the Government tax is now more than four times the original cost of the product. The attempt was at one time made to resist by force the execution of the Maine law. Gen. Neal Dow, then Mayor of Portland, tells the story as follows : " The rum press had for many days been fir- ing up the brains of the advocates of • personal liberty ' by ferocious denunciations of the Maine law, which undertook to prescribe ' what men should or should not eat and drink.' The wrath of these people culminated when the Board of Aldermen, in preparation for an ' Agency ' for the sale of liquors according to law, for medicinal and mechanical purposes and the arts, ordered a quantity of them from New York, which were deposited in the cellar of the old City Hall where the Agency was to be located. The cry among the personal lib- erty men was. ' If we can't sell liquor nobody shall ! ' So they assembled at night in great numbers, with the purpose of destroying the Agency liquors and burning the City Hall and also the residences of obnoxious temperance men. The city authorities had but brief notice of the intended outbreak; consequently it re- quired some time to summon the military to the spot. The police force did its best, in the meantime, to make head against the howling mob. There had been many mobs in Portland in the old rum times, no one of which had ever been successfully resisted, or any member of it punished. So these misguided patriots sup- posed that they also could accomplish their pur- pose, which was to break down the Maine law. Some of the most prominent men in Portland were behind this mob, instigating it to violence and outrage. The Mayor, after long and vainly waiting for the fury of the mob to subside, as- sured th.m that he would Are upon them, but they did not believe it. Twice he ordered the military to fire, and twice, at the aim, he or- dered ' Recover arms.' This seemed to justify the notion of the mob that there would be no tiring. The third time there was no order to recover arms, and the rattle of the musketry was fearful. The military, not being accus- tomed to such work, fired just over the heads of the mob, so that only one man was killed and a few were wounded— it was never known how many, because the instigators of the tumult feared to be known as being mixed up in it. It was impossible to foresee what might have been the result if this savage mob, fired with strong drink, had succeeded in breaking down mu- nicipal authority, thus leaving the city at its mercy. The mob was summarily suppressed, Legal Suasion]. 272 [Legislation. and the mob spirit in Portland was completely crushed out. This manner of dealing with the rebellion was unanimously approved by all the better part of the people." In every instance of decided conflict the liquor traffic has yielded to official determination. The conclusion is inevit- able that any law needed to protect the people against this desolating traffic can be enfrrced, if honest and efficient execu- tive officers are elected by the people. J. 0. Fernald. Legal Suasion ia a term which prop- erly designates the permanent influence of penal law upon the morals of society. It is really a phase of moral suasion, but the latter term has been limited to a class of moral efforts to lessen evil without the assistance of force. Hence arises the necessary use of this new and distinctive expression — Legal Suasion. To abate a bawdy-house by the voluntary consent of its inmates is moral suasion; to abate it by police force as a nuisance is legal suasion, provided the result be permanent moral improvement. All jurists agree that the ulterior ob- ject of criminal law is not the punish- ment of the offender but the prevention of the offense. The prevailing motive of crime being that of gain, the punishment is inflicted to make the offense unprofit- able. Freed from self-interest, the hu- man mind is better able to judge between right and wrong and thus the law tends to a permanent moral result. Again, the standard of right with many people is good citizenship, and a general tendency exists to obey law simply be- cause it is law. Morals are thus affected through the operation of what may be termed an artificial conscience. In the early history of this country, for instance, lotteries were a popular and legal method of raising funds for the founding of col- leges and hospitals and the building of roads and bridges. At the present day it would be difficult to find any consider- able number of people, outside of Louis- iana and Kentucky, favorable to the existence of the lottery system. This change of sentiment is not due to the fact that the inhabitants of the excepted States are naturally less moral than their neighbors, but to the educative effect of prohibitive laws and Constitutional pro- visions in the States where the sentiment against lotteries prevails. Another instance of legal suasion is found in the abhorrence with which hu- man slavery is now regarded ;_ yet for- merly so strong was the moral influence of the Christian church in its favor that in 1859 a Church Anti-Slavery Society was instituted " for the purpose of con- vincing American churches and ministers that slavery was a sin and inducing them to take the lead in the work of its aboli- tion." Such a changed tone of opinion in this short period can logically be ac- counted for on no other basis than that of the Emancipation Proclamation and the succeeding 13th and 14th Amend- ments to the United States Constitution. There can be no doubt that a similar moral effect is produced by laws prohibit^ ing the liquor traffic. It is hardly con- ceivable that the State of Maine in the year 1884 would have put Prohibition into her Constitution by a majority vote of three to one, unless for 30 years the people of that State had experienced the practical advantages of Prohibitory legis- lation. It is true that unless careful discrimina- tion be exercised in each case, there is great danger of misconceiving the pre- cise educative effect of law. For a law may be so loosely drawn and the attempt at its enforcement so farcical as to im- pede the real moral working of the law itself. To this difficulty, doubtless, is due the sudden revulsion of opinion which occasionally occurs where a small but energetic body of corrupt politicians bends its energies to cast a well-inten- tioned law into disrepute. Coleridge A. Hart. Legislation. — It is one of the most interesting facts in history that in all English-speaking nations, colonies and States the regulation of the sale of liquor has occupied the attention of Parliaments and legislative assemblies almost from the beginning, and that this is true of none of the other countries of Christen- dom. One of the things contended for by the framers of the Magna Charta, and conceded by that instrument, was the right to have it decreed that all measures for wine and ale should be of uniform size. Soon followed a period in which the prices of these beverages were as Legislation.] 273 [Legislation. carefully watched and adjusted as those of bread, for in those days it was within the sphere of practical political economy for the Legislature to fix the prices, of labor and its products, leaving nothing but agricultural products to competition, or supply and demand. During the first two or three centuries after Magna Charta, the efforts toward restricting the traffic in the liquors then in vogue (ale and wine) were only partial and ten- tative. Indeed, the Judges gravely de- cided that at common law it was lawful for any one to keep an alehouse (the King v. Joyes, 2 Show., 468), unless it were kept in a disorderly manner (Stevens v. Watson, 1 Salk., 45). By the act of 11 Henry VII, c. 2 (1494), any two Jus- tices were given power to suppress un- necessary alehouses. But the first license law was that of 5 & 6 Edward VI, c. 25 (1551-2). It re- quired that none should keep alehouses who were not authorized to do so by the Sessions of the Peace or two Justices, and those permitted or licensed were to give bond for good order and were not to allow unlawful gaming. Any person selling without license was to be fined 20 shillings. The act of 7 Edward VI, c. 5 (1553-4) regulated wines separately, providing that none should sell wines ex- cepting in cities and market towns, and then only in restricted numbers and under licenses issued by the Mayors and Sessions respectively; the penalty for un- lawful selling was £5. The famous Tip- pling acts of James I (1 James I, c. 9 [1G03-4] ) applied to both ale and wine- selling and fined each seller 10 shillings for allowing townsmen to tipple; while chapter 5 of 4 James I (1606-7) pro- vided that drunkenness should be pun- ished by a fine of five shillings or confine- ment for six hours in the stocks. An- other law passed in the reign of the same king (7 James I, c. 10 [1609-10] ) pro- vided that any alehouse-keeper convicted of violating the law should be disqualified for three years from keeping such a house. The last restrictive act of this series was the one passed in 1627 under Charles I (3 Charles I, c. 4), by which was estab- lished an alternative penalty of whipping for the first offense of illegal selling, and for the second offense imprisonment for one month. The vending of spirits was first regu- lated in 1700 (12 and 13 William III, c. 11), a Justice's license being required be- fore anybody was entitled to sell. But distillers were permitted to retail without license provided they did not tolerate tippling in their houses. English legislation includes no more celebrated acts than those designed to re- strain the promiscuous sale of geneva or gin, passed, in the reign of George II. Soon after the beginning of the 18th Century the evils resulting from the use of dislilled spirits in England became in the highest degree alarming. Lecky, in his "England in the' 18th Century" (vol. 1, p. 519), speaking of the universal demand for gin at that time, says : " Small as is the place which this fact occu- pies in English history, it was probably, if we consider all the consequences that have flowed from it, the most momentous in that of the 18th Century — incomparably more so than any event in the purely political or military annals of the country. " Among the most famous cartoons of the great Hogarth, portraying the man- ners, vices and follies of that age, are those that picture the evils of intemper- ance, particularly mentionable being his shocking " Gin Lane. - ' The eminent writers of that period have left vivid descriptions of the inordinate drinking and the wretchedness occasioned by it. The following is a striking passage from Smollet's " History of England " (vol. 3, chap. 7) : "The populace of London were sunk into the most brutal degeneracy by drinking to excess the pernicious spirit called gin, which was sold so cheap that the lowest class of the people could afford to indulge themselves in one con tinued state of intoxication, to the destruction of all morals, industry and order. Such a shameful degree of profligacy prevailed that the retailers of this poisonous compound set up painted boards in public inviting people to be drunk for the small expense of one penny, as- suring them they might be dead drunk for two pence, and have straw for nothing. They ac- cordingly provided cellars and places strewed with straw, to which they conveyed those wretches who were overwhelmed with intoxica- tion. In these dismal caverns they lay until they recovered some use of their faculties, and then they had recourse to the same mischievous potion ; thus consuming their health and ruin- ing their families in hideous receptacles of the most filthy vice, resounding with riot, execra- tion and blasphemy. Such beastly practices too plainly denoted a total want of all police and civil regulations, and would have reflected disgrace upon the most barbarous community." The first of the Gin laws was that en- Legislation.] 274 [Legislation. acted in 1729 (2 George II, c. 17), and imposed a license fee of £20 on every seller of geneva. It was repealed in 1733 by the act of G George II, c. 17, not hav- ing served the purpose of checking gin- drinking. In 173G (9 George II, c. 23) a more stringent measure was adopted, as follows : ' ' Whereas, The excessive drinking of spirit- nous liquors by the common people tends not only to the destruction of their health and the debauching- of their morals but to the public ruin; for remedy therof. " Be it enacted, that from Dec. 29 no person shall presume, by themselves or any others em- ployed by them, to' sell or retail any brandy, rum. arrack, usquebaugh geneva, aqua vitae, or any other distilled spirituous liquors, mixed or unmixed, in any less quantity than two gal- lons, wiihout first taking out a license for that purpose within ten days at least before they sell or retail the same ; for which they shall pay down £50, to be renewed ten days before the year expires, paying the like sum, and in case of neglect to forfeit £100 ; such licenses to be i a '-en out within the limits cf tli2 penny-post a, the chief office of Exc : se, London, and at the next office of Excise for the country. And be it enacted tha f , for all such spirituous liquors as any retailers shall be possessed of on or after Sept. 39, 1736, there shall be paid a duty of 20* per gallon, and so in proportion for a greater or lesser quantity, above all other duties charged on the same." This measure was strengthened by 10 George II, c. 17, § 9, which provided that hawkers of liquor not able to pay their fines should be whipped; and prosecu- tions were facilitated by another law passed in 1738 (11 George II, c. 26). The act of 1735 endured for only eight years, meanwhile giving rise to much dis- cussion of the principles lying at the foundation of restrictive liquor legisla- tion. The elegant Lord Chesterfield's ever-memorable plea for Prohibition of vice as opposed to regulation, belongs to this era. (See p. .) Tin Excise duties, which had been in- creasing in volume, were now a distinctive feature of the Government revenue. After the repeal of the special taxes on spirituous liquors in 1743, the Excise duties steadily became more and more important from the revenue point of view, and were relied on to provide a large part of the money needed in the wars upon which England embarked. Spirit- sellers were still required, however, to .take out magisterial licenses, as ale and wine-sellers had always been compelled to udou^nd are now. The repealing act of 1743 and the acts of 1751 and 1783 con- solidated all licenses on the basis of ale- house licenses. In the present century the tendency has been towards an increase in the Ex- cise rates, although the Beer act of 1830 (discriminating in favor of beer, sup- posedly in the interest of temperance) marks a departure quite as interesting as that instituted by the Gin acts of a hun- dred years previously. (See Light Liq- uors.) In the last decade there have been some indications of a disposition to give a more radical turn to legislation and grant Local Option, and there seems to be a growing realization that the future policy of England in reference to the drink traffic will be gradually adapted to the demands of temperance agitators. This tendency is shown by the two crush- ing defeats of the liquor-sellers' efforts for compensation in the event of the ex- tinguishment of licenses, and in frequent significant utterances from British states- men, notably the very recent remark by Mr. Gladstone that it would be wrong to do anything that would "throw back the cause whose progress we have observed and registered from day to day, and in the great future triumph of which we have uudoubting confidence." (See pp. 95-6.) In the English colonies in America, the question of license was more or less prominent from the first, as will be seen by reference to the dates of the early laws enumerated under the names of States that were formerly colonies. These colonial acts were expressed in strong language, copied from the English statutes mostly ; but nothing beside reg- ulation 'by license was attempted (al- though there were fugitive discrimi- nations against distilled spirits, and the sale of liquor to Indians was prohibited in a number of cases). License fees and penalties for violations were low. It was attempted to confine liquor-selling to those who kept hotels and taverns and actually accommodated the public. Until 1830 there was no perceptible change in the character of the enact- ments; but before the end of the decade beginning with that year, Ohio, Ten- nessee and Mississippi had passed, laws prohibiting the retail selling of liquors by refusing license therefor. In both Mis- sissippi and Tennessee these measures were very short-lived. Legislation,] 275 [Legislation. Maine enacted a law prohibiting the sale of liquor in 1846, and in 1851 the Maine law prohibiting both manufacture and sale was adopted. It was followed in the same decade by similar laws (nearly all of them short-lived) jn many States. The development of Southern Local Option had begun before the war. During .that cataclysm distillation was prohibited in most of the States of the Confederacy as a war measure. After peace was restored the Local Option movement advanced rapidly until this policy covered most of that section and was embodied in the Constitutions of Texas and Florida, Constitutional Prohibition and High License are both of very recent origin, and the regulations peculiar to these systems may be best studied by examining the digests of laws in the States where they prevail. Each new general act relating to the drink traffic is more extended than former ones; and in many cases anything like a complete analysis of State laws consec- utively is almost out of the question. In the ensuing digests, the acts of the sev- eral States and Territories are brought down to the begining of 1890. Only ac- tual legislation is considered : it is impos- sible to notice the numerous bills (al- though some of them are highly interest- ing) that have been introduced in State Legislatures from time to time but have failed to pass or have been vetoed. The subject of Federal legislation on the liquor question deserves special treat- ment, and is therefore not touched upon in this article, except in the cases of Ter- ritories for which separate liquor regu- lations have been provided by Federal authority. (For general Federal Legis- lation, see United States Govern- ment and the Liquor Traffic.) Since the liquor laws of the Dominion of Canada closely resemble those of many of the States, they may profitably be considered in this connection. But having been summarized in the article on Canada, they are not repeated here. The manuscript of the whole of this wticle goes to the printer before the ses- si n laws of 1890 are obtainable. There- lore the law as it existed in 1889 is given as the latest law in each case, excepting North Dakota. DIGESTS OF STATE LAWS. Alabama. Earliest Provisions. — The act of Mississippi Territory, of March 4, 1803, revised in 1807, provided that every person who should be recommended for the purpose, to the County Court, by six reputable freeholders of the county, might be licensed to keep a tavern on payment of *20. He "was to provide tavern accommodations to travelers, and not suffer gaming. Anyone presuming to keep a tip- pling-house or sell liquor without a license for- feited $10, and for subsequent off enses ¥20. But merchants and shopkeepers were not prevented from retailing liquors, in any quantity above a quart, not to be drunk on the premises. Selling to or entertaining any servant, apprentice or slave without permission of the master; sell- ing to soldiers and to Indians, and selling adul- terated liquor, were fined as above. (Toul. Dig., 1823, p. 727.) Tavern-keepers getting drunk forfeited their licenses. Any one else getting drunk was by an act of 1803 fined SI. (Id., p 218 ) An act in 1809 required a licensee to take oath not to sell to a slave without written consent of his master. (Id, p. 730.) License fees were, in 1814, reduced to $10. The same year owners of distilleries were authorized to sell their product in quantities of not less than a quart, (Id., p. 732.) About 20 years later the license fee was again made $20. and the free- holders were required to live within five miles of the petitioner for license. (Laws, 1837, No. 47.) Other Provisions Before the War. — The revenue act taxed licenses to retail spirituous or ferment- ed liquors $30. (Laws. 1842, No. 1, § 7. ) The law relating to tavern licenses was to be con- strued to apply to cities, towns, or villages only. (Laws, 1845, No. 10.) License for retading spirits in cities was placed at $100; in towns or villages having 500 inhabitants or more, £50: having less, $30. and in the country, §30. (Laws, 1847, No. 1, § 98. ) Retailers were not allowed to retail in more than one building or place underthesamelicer.se. (Id.. § 99.) License in cities was changed to *75; on water-craft, $60 ; in towns or villages having over 500 inhabitants, $37.50; having less, s-25; in the country, $15. (Laws, 1849. No. 1, p. 8.) Judges of Probate might at regular term grant licenses to retail the same as County Courts then did. (Laws, 1849, No. 3, §10.) License for sales of liquor, on water-craft, was required to be in the name of the captain, and to be hung up in a conspicuous place in the bar-room. (Laws. 1857, No. 273.) Delivering liquor to slaves, on boats, rendered the captain liable to indictment and fine of from $50 to *100. (Id., No. 275, § 1.) And a charge that such cap- tain permitted delivery to a slave shall be suffi- cient, and proof that any person of color, not con- nected with the vessel, obtained liquor of any person connected therewith, or was seen coming off said boat with liquor, was prima facie evi- dence of the guilt of the accused, without prov- ing the name of the slave or that he was a slave. (Id., §2.) Adulteration, by manufacturers of spirits, with poisonous or unwholesome substances, was Legislation.] 276 [Legislation. prohibited in 1857, on penalty of not over $500, or imprisonment one year. (Laws, No. 274.) Four 1. cal acts prohibiting sales of liquor within certain distances of schools and churches were also passed in 1857. Many prohibitions or Prohibitory powers had previously been incor- porated in charters. By the act of 1859, No. 79, the penalty against adulteration was made from $200 to #500, with imprisonment for one year, in the cases of manufacturers and vendors. The War Period — Local Prohibitory laws continued to be passed, 16 being passed in 1861, while several former ones were repealed. By act No. 25, of 1861, sales to free negroes were prohibited, on penalty of not less than $500; and sales to slaves were punished by fine of $200 to $500, or imprisonment from one to five years. As a war measure, distillation of grain was for- bidden, in 1862, except under direction of the Governor, under heavy penalties. In 1868, six acts extended such provisions to peas, potatoes, molasses and sugar, and increased the stringen- cy of the regulations. No. 128 of the acts of 1864 repealed the above laws, authorized such distillation, but forbade the distillation of corn and wheat under penalty of #5,000 to $50,- 000, or imprisonment from one to 12 months, or both. The same acts authorized granting licenses to distillers of cane or molasses or fruit, for a fee of $100 per 40-gallon still. Liquor so distilled from cane was taxed $10 a gallon, and that from fruit $5 a gallon. The penalty for distilling without license was from $5,000 to $50,000, for the first offense, with a discretionary imprisonment of one to three years. Tbis law was repealed in 1866. After the War. — A few local prohibitions were passtd in 1866 and thereafter, 17 such being passed in 1870. Act No. 3, Laws, 1871, exempted distdlers of fruits, cane and grapes from all tax. In 1872 were passed 32 prohi- bitions to sell within certain distances from towns, churches, schools, factories, etc. Forty- one local prohibitions were made in 1873, and 70 in 1874, the radii of such protected districts being from one to six miles. Such enactments have continued to be very numerous, with only a small proportion of repeals to the present time (1890). They are the peculiar feature of Alabama legislation upon this subject. The tax on licenses was somewhat reduced by the Revenue law of 1874. In this State, the pro- visions for taxes on liquor licenses have always been coupled with those on all other kinds of business, and the amounts charged apparently according to the exigencies of the revenue. The ordinary regulative provisions as to ob- taining licenses, with the conduct required and the penalties attached, have also applied to other kinds of license, and have been repeated, with slight variations, in each of the revenue laws which are almost annually passed. In 1875 (Laws No. 120), it was provided that no license should be granted without the recom- mendation of ten freeholders, and oath not to sell illegally. No. 204 of Laws, 1874, is a regular Local Option law, author.zing the Probate Judges of 17 counties, upon the petition of any free-' holder within the proposed limits, to submit to vote therein the question of the Prohibition of the sale of liquor, within certain distances of any place, in any of said counties. The Law as It Existed in 1889. — It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections. (Const., Art 8. § 6.) Selling or» giving any liquors, during the day of any election, or on the day preceding, is unlawful, and it is the duty of any Sheriff or Constable to arrest all persons violating this sec- tion. (Code, 1887, § 380.) License fees are re- quired of persons engaging in the business of the retail of spirituous, vinous or malt liquor on any water-craft, or on any sleeping, dining or buffet car. to the amount of $250 ; and the State has a preferred lien on such craftor cars forthe same. Retail of such liquors in any place of less than 1,000 inhabitants, $125; places of 1,000 to 3,000, $175; places of 3 000 to 10,000, $250; places of more than 10,000, $300; dealers in lager-beer, exclusively, one fourth above rates. (Code, 1887, t? 629.) The wholesale license fee is 8200. Any dealei selling only one quart or more is a wholesale dealer ; and if he sells liquors, or permits them to be taken, in less quantity, or permits the same to be drunk by the glass or single drink in cr about his premises, he shall be deemed a retail dealer. Compounders and rectifiers pay $200. Distillers of spirituous liquors pay $200, but this does not apply to distillers of fruits. Brewers pay $15. The County Commissioners may add to such taxes not exceeding 50 per cent, for county purposes. (Id., § 630.) On the last day of March, and every three months thereafter, the Judge shall forward to the Auditor lists of all licenses, and pay to tl:e State and County Treasurers the amounts re- ceived therefor, minus %"% per cent, for his commission. If such Judge fails herein, he shall be impeached. (Id, §633.) All licenses shall be kept posted up in plain sight near the bar, on pain of forfeiture of license. (Id., §636.) A license to retail must not be granted by the Probate Judge until the applicant produce a recommendation signed by 20 respectable householders and freeholders, residing in the town, city or precinct of the business, stating that they are acquainted with him, that he is of good moral character, and a proper person to be licensed. If there are not so many such house- holders and freeholders in such district, a major- itv of the whole number therein is sufficient. (Id.. §1319.) Every applicant for license must take and file an oath not to sell to minors or persons of un- sound mind, without permission of guardian or parent, or to any person of known intemperate habits, or keep open on Sunday, or violate the statute prohibiting sales of agricultural products between sunset and sunrise, or permit the same in or about the premises, or allow any gaming thereon (Id., § 1320.) All sales or exchanges of liquor, or contracts for the san.e. by persons not licensed as above, or by licensed persons to or with minors or p nons of unsound mind, without consent cf parent or guardian, or a person of known Legislation.] 277 [Legislation. intemperate habits without a physician's requi- sition, are void. (Id., § 1323 ) Persons selling or giving liquors to a minor, without consent of his parent or guardian, unless upon physician's prescription, or to a person of known intemperate habits, unless upon such p: escription, shall be fined $50 to $500. Any minor obtaining such liquor by means of false representation as to his age must be fined not mjre ;han 850. (Id., 55 40b8.) Persons selling within one mile of any place of religious worship, not in an incorporated town, on any day of public preaching, shall be fined 820 to $50 or punished by imprisonment or both. (Id , § 4040.) Any person who conceals himself in any place and disposes of intoxicat- ing liquor in evasion of law, must be fined i250 to §1,000, and may be imprisoned not more than one year. (Id., g 4041 ) And any owner or proprietor of any place, permitting such evasion knowingly, shall be fined -?50 to 81,000, and may be imprisoned not more than one year. (Id , § 4042.) Any person who. while intoxicated or drunk, appears in any public place where one or more persons are present, or at any private residence not his own, and manifests a drunken condition by boisterous or indecent conduct or loud and profane discourse, shall be fined $5 to $100. (Laws. 1838, No. 10.) There is a law requiring scientific temperance instruction in the public schools. (R. S., 1888, S934; passed in 1887.) An Amendment to the Constitution may be proposed by two-thirds of all the members of each House at one session ; popular vote to be taken at the next general election for Represen- tatives, three months' notice to be given. A majority carries it. Alaska Territory. May 4, 1887. the following executive order was issued by President Cleveland, through C. S. Fairchild, Secretary of the Treasury : "The following regulations are prescribed under the authority of Section 14 of the act of May 17, 1884 entitled 'An Act providing a civil government for Alaska,' and Section 1955 of the Revised Statutes : " 1. No intoxicating liquors shall be landed at any port or place in the Territory of Alaska without a permit from the chief officer of the customs at such poft or place, to be issued upon evideuce satisfactory to such officer that the liquors are imported and are to be used solely for sacramental, medicinal, mechanical or scientific purposes. "2. The importation into said Territory of breech-loading rifles and suitable ammunition therefor, except for the personal use of white settlers or temporary visitors not traders, is hereby prohibited. " 3. The master of any vessel departing from any port in the United States having on board intoxicating liquors or breech loading rifles and ammunition suitable therefor, when such vessel is destined to any place in said Territory, or if not so destined, when the intended course lies within the waters of the Territory, will be re- quired to file with the Collector of Customs at the port of departure a special manifest, signed and verified in duplicate, of all such liquors, arms, and ammunition ; and no clearance shall be granted to any such vessel unless the articles embraced in the special manifest are shovvn to the satisfaction of the Collector to belong to the necessary supplies and equipment of the vessJ, or to be entitled to the above specified exemp- tions, or are covered by bonds taken under the provisions of said Section 1955. "4. One of the special manifests above pro- vided for will be delivered to the master, to- gether with the clearance, if granted, and any intoxicating liquors, breech-loading rifles and ammunition found on board a vessel within the waters of the Territory without such special manifest will be seized and the offenders prose- cuted under the provisions of Section 1,957 of the Revised Statutes." This is still in force. Arizona Territory. Early Provisions.— Howell's Code, authorized by the first act of the first Legislature of the Territory, provided (c. 49, §§ 3 and 4) that all tavern or inn-keepers, all keepers of restau- rants or saloons, and all other persons selling or disposing of spirituous or malt liquors, in quantities of less than a quart, should pay a license tax of $30 per quarter; eating-houses selling only malt liquors, $10 per quarter, and peddlers selling liquors, 810 per month. In 1871 those whose sales amounted to more than 85,000 per quarter were taxed 820 per quarter, others 1-8. (Laws, 1871, p 126.) Selling or giving intoxicating liquors to Indians was pro- hibited under a penalty of 8100 to 8300, or im- prisonment from one to six months, or both (Laws, 1873, p. 78, (5 1.) One-half said fine re- covered was to go to the informants. (Id., § 3.) No:es or accounts for liquor, by the drink or bottle, were not collectable where they amounted to over $5. (Laws, 1875, p. 42.) This was repealed the next session. (Laws, 1877, No. 5.) All station-keepers upon the public highways who sold liquor were taxed $10 per quarter. (Laws 1877, No. 43.) Tne Law as It Existed in 1889.— The County Treasurer shall prepare suitable blank licenses and deliver to the Sheriff on his receipt there- for, and he shall issue the same on payment of the license tax. (R. S.. 1887, Sg 2332, 2233.) Persons doing business without license shall be liable to a fine of not less than the amount of the delinquent tax, nor mors than $300, or im- prisonment in default of payment. (Id., (; 2236.) All persons selling or disposing of wines, distilled or malt liquors in quantities of two gallons and upward, shall pay, on quarterly sales of 825.000 and upward, 8125 per quarter, on sales of $25,000 to T15.000, 8100; on sales of 815,000 or less, 870. Dealers in quantities from one quart to two gallons shall pay 830 per quarter, and retailers of one quart or less. 850 per quarter in addition to any tax for any other business in the same place. Persons at a way- side inn or station, not within four miles of any city, town or village, shall pay 810 per quarter. (Id., § 2239.) Distiller'es and breweries pay $10 to 840 per quarter, according to the volume of their business. No license exempts the property used in the business from tax under Legislation.] 278 [Legislation. the general revenue laws. (Id., § 2240) No license shall be required of any physician or apothecary for any liquors they may use in the preparation of medicines. Licenses are not transferable, but in the case of the death of any licensee, his widow, executor or administra- tor may continue the business until the expira- tion of the term. (Id., S 2243). Minors under the age of 16, unless accompanied by their parents or guardians, shall not be allowed in any saloon under penalty of $10 to $200 or imprisonment five to 50 days, or both. (Pen. Code, 1887, S 513.) No person shall knowingly sell or give liquor to any minor under 16 with- out consent of parent or guardian, under pen- alty of $5 to $100, or imprisonment 20 to 90 days, or both. (Id., §514.) Every person fur- nishing intoxicating liquor to an Indian or common drunkard is guilty of a misdemeanor. (Id., § 635.) Every person who adulterates or dilutes any spirituous or malt liquor or wine with fraudulent intent to cause or permit it to be offered for sale, or fraudulently sells or offers the same for sale, is guilty of a misde- meanor. (Id., §606.) Arkansas. Early Provisions. — To prevent disorders and mischief which might result from a multiplicity of public-houses, no persons were allowed to keep such without license by the County Court, upon penalty of $10. Disorder incurred a penalty of $2 and revocation of license. The sum to be paid for license was fixed at $10 to $30. No persons were to sell to slaves and sol- diers without license obtained of master or of officer, respectively. (C. L., 1835, p. 541.) By R. S., 1838. c. 148. such license tax was made 4 10 to $100. and violations of the act were pun- ished by fine of not exceeding $60. By the act of 1854, p. 125, a person applying for license to retail vinous or ardent spirits must produce a petition therefor, signed by a major- ity of the resident voters of the township; whereupon it was the duty of the County Court to grant the license. Every separate sale contrary to the act was declared a distinct offense. By act of 1854 p. 148. no license was allowed to be granted in Phillips County and Taylor Township, in Columbia County. Dis- posing of liquors to Indians was made a misde- meanor and fined from $1 to $500. (Laws, 1856 p. 155.) Thirteen local Prohibitory laws were passed in 1860 for townships, churches and schools, and four in 1866. The County Courts were given discretionary authority to grant license upon the above petition after having fixed the price of county license at $25 to $500. It was made the duty of the Collector of Rev- enue to prosecute persons selling without license. (Laws, 1866. No. 42.) By the Revenue law of 1871 (Laws, No. 35, § 154), a .county tax of $100 was placed upon all liquor- sellers, except where sales were ex- clusively for medicinal purposes. And in the election act of that y^ar (Laws, No. 65, § 28), saloons were to be closed from 5 a. m. to' 10 p! m. of ih? day of election an-l sales or gifts of liquor on that day were misdemeanors. By the Revenue law of 1873 (Laws, No. 124. § 157), a State tax of $100 was added to the above, and by§ 159, selling without license was fined $200 to $1,000. For Washington County the license law was made more stringent, and civil damages resulting from intoxication were awarded against those selling the liquor in favor of any person injured thereby. (Laws, 1873, No. 127.) The Civil Rights law of 1873 (No. 12, g 4) made it unlawful for saloon-keepers to refuse to sell drinks to any person on account of race or color, under penalty of $25 to $100. Laws of the special session of 1874 (No. 37) provided for an annual election in each town- ship, ward of a city and incorporated town on the question whether licenses should be granted by the County Board of Supervisors. Each applicant for license was also to enter into bond of $2,000 to pay damages occasioned by reason of liquors drank at his house. Persons aggrieved by the keeping of a saloon, or losing money at gaming therein, were given right to action on such bond. A fine of not less than $100 and imprisonment not less than 30 days, were imposed on a person keeping a saloon without license. Six local Prohibitory laws were enacted in the session of 1874r-5, six in 1879, over 20 in 1881, and about the same num- ber at each biennial session since. The Law as It Existed in 1889. — The law as it stands was enacted in 1S79, with some additions made in 1881 and 1883. It shall be unlawful, without license, to be procured of the County Court, to sell any spirit- uous, ardent, vinous, malt or fermented liquor or any compound or preparation thereof, com- monly called tonics, bitters or medicated liquors, or intoxicating spirits, to be drunk as a beverage; provided that manufacturers may sell in the original package of not less than five gallons without license. (Dig. Laws, 1884. § 450.) The applicant for license must file his petition, specifying the place of sale, and the. receipt of the Collector for the license fee. (Id., §4509.) For such annual license he shall pay $400 as a county tax. $300 as a State tax and $2 for Clerk's fees. (Id., § 4510.) Persons selling, or keeping a saloon, without license are guilty of a misdemeanor, and shall be fined double the license fee, and each day of unauthorized selling is a separate offense. (Id., §g 4511, 4519). At each general election for State officers the question shall be submitted to the electors whether license shall be granted in the county for the next two years, ild.. §§ 1513, 1515). Each applicant for license shall give bond in $2,000, conditioned to pay damages caused by liquors sold He shall, besides the above fees (g 4510). before being licensed, pay the addi- tional sum determined by the County Court of $50 to $200. (Id., § 4516.) The law does not apply to one who manufactures and sells wine from grapes or berries or other fruits, and who sells no other liquors. (Id., § 4520.) All the provisions of this law apply with equal force to the sale of alcohol. (Id.. § 4521. » No debt for spirits sold in a saloon shall be recoverable. (Id., § 452.) Whenever the adult inhabitants residing within three miles of any school-house, academy, col- lege, university or other institution of learning, or of any church-house, shall desire it, and a Legislation.] 279 [Legislation. majority thereof petition therefor, the County Court shall make an order prohibiting the sale of liquor there for two years. (Id., §4524.) Fe- males as well as males are included as inhabit- ants in above section i Id. , § 4525.) This three-mile law does not prohibit the use of wine for sacramental purposes or sales upon a physician's prescription. But no physician may make such prescription except he has filed his aflidavit with the County Clerk that he will not do so without necessity in treatment of dis- ease. (Id., § 4526.) Persons violating this three mile law shall be fined $20 to $100. (Id., S 45^7.) Licenses are forfeited for allowing gaming upon the premises. (Id., § 1857.) Dramshop ke pers allowing fighting, quarreling or disor- derly conduct in their places shall befined not over $50. (Id.. §1858 ) Selling to United States soldiers forfeits license. (Id., § 1859.) Selling liquor to minors without written consent of parent or guardian, subjects to a fine of $50 to $100. (Id., § 1878.) Selling to an Indian to a fine of $1 to $500. ild, §1879.) Persons contemptuously offering liquor for sale within one mile of any campground during campmeeting, or of any place of meeting for worship, shall be fined not less than $10. This doss not apply to licensed places of sale. (Id,. §§ 1896-7 ) ' Persons using or controlling any device to sell liquor, such as is known as the " blind tiger, ' or any other such are guilty of a misdemeanor. (Id., § 1926) If any person obtains liquor in any room or place of another, by going therein or thereto and by call, sound, word or token, it shall be prima facie evidence of the guilt of the person who owns or controls such place. (Id., | 1927.) It shall be the duty of all officers to execute and prosecute under this act. (Id., § 1928 ) On oath of any person, filed with a Justice of the Peace, that any named person is violating this " blind tiger " act, the Prosecut- ing Attorney must prosecute such person and cause his arrest. (Id., § 1929.) Persons con- victed under the " blind tiger " act shall be fined $200 to $500 and imprisoned 30 days. (Id., § 1932.) The " blind tiger " act does not apply to persons giving liquors at their residences to friends, or to licensed dealers, i Id., § 1932.) Dramshops shall not be kept open on Sunday, on penalty of $25 to $100. (Laws, 1885, No. 33.) An Amendment to the Constitution may be proposed by a majority of all the members of the two Houses, at one session ; popular vote to be taken at the next general election, six months' notice to be given. A majority carries it. California. Early Provisions — The first session of the Legislature taxed licenses to retail any spiritu- ous, vinous or fermented liquors, to be granted by the Court of Sessions, $50 to $1,000| at dis- cretion. (Law3, 1850, c. 130, § 1.) Furnishing liquor to Indians was fined $20. (Id., c. 133, §15.) The Revenue act of the next year im- posed license taxes, for county purposes, of $50. (Laws, 1851, c 6, § 60.) The license tax was the next year but one placed at $5 to $40 per month, according to volume of business. (Laws, 1853. c. 167, art. 4, § 3.) Chapter 187, Laws of 1855, authorized the taking the sense of the people on the passage of a Prohibitoiy liquor law, ■ ' the provisions of which shall pro- hibit the manufacture and sale of all spirituous and intoxicating liquors, except for mechanical, chemical, medicinal and sacramental purposes." The proposed act was no further set out. Promises to pay for liquor sold at retail to the amount of over $5 were declared void by the Laws of 1858, c 232. Adulteration of liquor was prohibited under penalty of $25 to $500. iLaws, 1860, c. 223, § 1.) On affidavit to a Justice of the Peace charging adulteration he was to order the seizure of not exceeding one gallon of such liquor for analysis. (Id., §2. ) No person con- victed under this act was to be again licensed. (Id., § 3.) Nothing was to affect compounding of liquors by a regular physician or druggist for medicinal purposes. (Id., § 6.) By the laws of 1863, c 289, it was to be as- certained in every criminal action if the offense of the defendant was due to intoxication, and if so the costs and expenses to the county of the aggregate of the same were to be added pro- rata to the amounts required for license, in ad- dition to the regular rate. Section 306 of the Penal Code, as amended in 1874, prohibiting employment of females in dance-houses where liquor is sold, was declared unconstitutional, as discriminating against the employment of a female in a lawful business on account of her sex. (Matter of Maguire, 57 Cal., C04.) The act of 1873^, c. 300, to permit the voters of every township or incorporated city in the State to vote on the question of granting licen- ses to sell intoxicating liquors was declared un- constitutional, as delegating the power of the Legislature to make laws. (Ex-parte Wall, 48 Cal,. 279.) The Law as It Existed in 1889. — Any county, city, town or township may make and enforce within its limits all such local, police, sanitary and other regulations as are not in conflict with general laws. (Const., art. 11, § 11.) Under this section it was held that the city of Pasa- dena might prohibit tippling houses, dramshops or barrooms where liquors were dealt in. (Ex- parte Campbell, 74 Cal., 20.) It surrenders the subject to local control entirely. I ersons selling spirituous, malt or fermented liquors or wine, in less quantities than one quart, must, on sales of $10,000 or more monthly, pay $10 per month ; on such sales of $5,000 to 810,000, $-30; less than $5,000, $5. (Pol. Code, § 3381.) Wholesalers, in classes according to their monthly sales, pay from $1 to $50 per month. (Id., §§3282-3.) No license is required of physicians, surgeons, apothecaries or chemists, for any wines or spirituous liquors they may use in the preparation of medicines. (Id., § 3383.) Sales of liquors at theatres, and employing women to sell liquors thereat are misdemeanors. (Pen. Code, § 303.) Selling liquors within one mile of a camp or field-meeting for religious worship during the time of holding such meet- ing, except regularly licensed businesses, is fined $5 to $500 I Pen. Code, §§ 304-5.) Every person who sells or gives to another under the age of 16 years, to be by him drank at the time as a beverage, is guilty of a misdemeanor, pro- Legislation] 280 [Legislation. vided this does not apply to parents, guardians or physicians. (Pen. Code, § 306 ; Acts 1871, p. 231.) Selling liquor within two miles of Cali- fornia University, in Alameda County, is pun- ishable by fine of $50 to $100, or imprison- ment 30 to 90 days, or both. (Pol. Code, § 1405 ; Laws, 1873, p. IS.) Selling within one mile of Napa Insane Asylum is fined not exceeding $500. (Pol. Code, g 2222: Laws, 1873, p. 27.) Sales one mile from College City, Colusa County, are prohibited. (4 Codes* Slats., p. 617; Laws. 1875, p. 691.) The delivery of liquor by retail is invalid cons-deration for any promise to pay exceeding $5, and no Court will give judgment for the amount thereof. (4 Codes & Mats , p. 616 ; Laws, 1873, p. 509.) Sale or dis- tribution of liquor in the Capitol Building is prohibited under penalty of $1,000. Selling on election day, while the polls are open, is a misde- meanor. (Laws, 1873, c. 198.) Selling intoxi- cating liquors to those addicted to the inordi- nate use of such liquor, after notice thereof, is punished by fine not exceeding $200 or impris- onment not exceeding six months, or both. (5 Codes & Stats., p. 542; Laws 1889, p 352.) The provision made in Laws. 1887 p. 46, and 5 Codes & Stats., p. 493. is a very elaborate and technical act defining pure wine, prohibiting its sophistication or adulteration and requiring labels to be marked " Pure California "Wine." It was held that a failure to thus mark was not a violation of theact. (Ex-parte Kohler 74Cal.,38) The California laws also provide for a Board of State Viticultural Commissioners (to he sup- ported from State funds), charged with the duty of promoting the interests of the wine growers and producers. An Amendment to the Constitution may be proposed bv two-thirds of all the members of the two Houses, at one session ; the popular vote must be taken at the next general election for Kepresentatives, notice to be given " as deemed expedient." A majority carries it. Colorado. The history of liquor laws in this State is brief. They now exist substantially as passed at the first session of the Legislature in 1861, and re-enacted in the first Revised Statutes of 1868. except the provisions that the Board of County Commissioners may grant licenses to keep saloons, hotels, public houses or groceries upon condition that the applicant shall pay into th3 county Treasury $25 to $300 at the discretion of the Board, and that he shall give bond in $500 conditioned to keep an orderly house and will not permit any unlawful gaming in his house. (G. S., 1883, §2103.) The Law as It Existed in 1889.- The license fee for the privilege of retailing spirituous, vin- ous and malt liquors shall be in cities not less than $600 ; in incorporated towns, not less than $500 ; in counties, where the Board of County Commissioners may grant, $300. ( Laws, 1889, p. 228, § 1.) No person shall be licensed until he has executed a bond in not less than $2,000 to be fixed by the County Commissioners or municipal authorities granting the license, conditioned that he will keep an orderly house, permit no unlawful gaming, and not violate any law or ordinance in reference to selling liquors, and pay all damages, fines, penalties and for- feitures for violating such laws and ordinances. (Id., § 2.) Licenses to sell malt liquors exclu- sively may be grafted on payment of one-half of the above sums, respectively. ■ (Id., § 4.) The Board upon application for license may re- ject or grant the same at its discretion. (G S., 1883, § 2104.) The Board, upon complaint made to it, has power to revoke the license upon being satisfied it has been abused or that the licensee has violated the law. (Id., § 2105.) It is not plain that the Boards of Trustees of incorporated towns and the City Councils of cities have the right to revoke, or even the discretion to grant, as stated above. The Board of County Commissioners only is there- fore mentioned in the General Statutes of 1883, though municipal authorities are in the next section given the exclusive authority to license in such towns and cities. (Id., § 2103, see below ; Id., § 3312, p. 18.) Licenses do not authorize sales in more than one place, and must describe the place intended to be occu- pied. (Id.. § 2i06.) A saloon or grocery shall be deemed to include all places where liquors are retailed, i Id., S 2107.) Sales by persons not licensed are fined $20, half to the informer. (Id., t; 2108. ) This was increased to a fine of $50 to S200 by act of 1889. p. 231. No person may sell or d liver liquor to any Indian under penalty of §50, one-half to the informer. (G. S., 1883, § 2109. i If licensee knowingly suffers disorder, drunkenness or un- lawful games in his house, his license shall be suppressed by the County Commissioners. (Id., § 2110.) Persons carrying on the business without license shall be fined not exceed- ing $300, or imprisoned not exceeding six months, or both. (Id. ,§2112. ) Persons prose- cuting or giving information maybe competent witnesses at the trial, notwithstanding their in- terest in the penalty. (Id., § 2115. ) Penalties may be recovered by action in debt, or by in- dictment, before any Justice of the Peace or Court of competent jurisdiction, upon complaint of any citizen of the county. (Id , § 2116.) No license shall be issued for more than a year or less than six months, or until the whole fee has been paid (Laws, 1889, p. 220, § 6.) No license is transferable (Id., § 7.) No license fee may be refunded for any unexpired term except in case of the death of the licensee. (Id., § 8.) City Councils and Town Boards of Trustees have the exclusive right to license, regulate or prohibit the selling or giving away of any in- toxicating liquor within the limits of the town or city or within one mile beyond, such authorities complying with the geaeral laws of the State in force. (G. S., 1883, § 3312, p. 18.) The same authorities may grant permits to drug- gists to sell liquor for medicinal, mechanical, sacramental and chemical purposes only. (Id.) They may also forbid and punish the selling to minors, apprentices, insane, idiotic or distracted persons drunkards, or intoxicated persons. (Id., p. 19.) Retailers selling or giving liquor to common drunkards shall be fined 31-50. (G. 8., 1883, § 853.) Any person procuring liquor for any habitual drunkard knowingly shall be fined $100 to $300, or imprisoned three to 12 Legislation.] 281 [uegislation. months or both. (Id., § 854.) Selling to Uni- ted States troops or State militia is punished by- imprisonment not exceeding three months, or fine not exceeding §50, and forfeiture of license. (Id., § 855.) If any person sell liquor between sunrise and sunset of any general election, or election for Mayor of any incorporated place, he shall for the first offense forfeit $10 to $100, and for the second $50 to $200. (Id., §856.) This section does not apply to wholesalers of over 20 gallons. (Id., § 857.) Saloons shall be closed election day. under penalty of $50 or 20 days' imprison- ment, or both. (Id., ^1220.) Any person sell- ing liquors within one mile of any gathering- of citizens assembled for worship, unless a regular- ly-licensed business, shall be fined not over $100; this not applying to persons selling at their own distillery, store or dwelling-house. (Id., S 878.) Every person, relative or employer injured in person, property or means of support by the intoxication of anyone, has his action against the seller of the liquor, if such seller has been notified not to sell to such person. (Id., g 1034; Act, 1879, p. 92.) The importation of, or bringing into this State of any spurious or adulterated vinous or malt liquors, is prohibited. (Laws, 1887, p. 18, § 1.) The compounding, manufacture or sale of any such spurious liquors is prohibited. (Id.. §2.) Any such liquor found to contain any thing other than the extract or property of the juice of the grape, or than the quality or property of malt and hops combined with water, respectively, is spurious. (Id., § 3. ) No vinous or malt liquors shall be offered for sale, unless the package be plainly marked or stamped with the manufacturer's name and place, and the words "pure" ale, "pure" wine. etc.. as the casemaybe. (Id., §4.) No dealer in liquors shall keep in his possession any spurious liquors. (Id., § 5. ) Any person violating this act shall be fined $1 to $500 or imprisoned not exceeding six months, or both. (Id. , § 6. ) Justices of the Peace have jurisdiction, except under § 5, when the party if not discharged upon hearing shall be held to bail to the next District Court. (Id., § 7. ) For two years, and until otherwise pro- vided, fines collected under this law shall be- long to the prosecuting witness. (Id., § 8 ) Au Amendment to the Constitution may be proposed by two-thirds of all the members of the two Houses, at one session ; popular vote to be taken at the next general election for Repre- sentatives, three months' notice to be given. A majority vote carries it. Connecticut, Colonial Provisions. — No one was to sell wine or strong water without license. (Colonial Records, vol. 1, p. 100(1643].) Tippling in " or dinaries" was prohibited. (Id., p. 154 [1347].) So was selling to Indians, under penalty of 40s to £5. (Id., p. 254. ) A small excise of 40.? per hhd. of wine, etc., was levied in 1654 (Id., p. 255.) The rates at which liquors were to be sold were fixed in 1656. (Id., p. 283.) A penalty of 5s per quart for liquor sold without license was imposed in 1659. (Id., p. 332.) A fee of 2s 6d for license to retail liquor, to be obtained of the General Court, was required in the same year. (Id.) If any person was found drunk at any private house he was fined 20s, and the owner of the house 10s. (Id., p 333.) Distilla- tion of corn or malt into liquor was prohibited at the same time. Ludlow's Code, 1650 (Id., p. 533), provided, under title "Innkeepers," and Introduction: " Forasmuch as there i i a necessary use of houses of common entertainment in every Common- wealth, and of such as retail wine, beer and victuals, yet because th'rc are so many abuses of that lawful liberty, both by persons enter- taining and persons entertained, there is also need of strict laws to regulate such an employ- ment." It was ordered that no such licensed person should suffer any to be drunken or drink excessively (viz., above half a pint at a time), or to tipple above the space of half an hour, or at unreasonable times, or after 9 o'clock at night, on penalty of 5s ; and every person found drunk, so as to be bereaved or disabled in the use of his understanding, appearing in his speech or gesture, 10s ; for excessive drinking. 3s id; for tippling over half an hour. 2.9 65, and for tippling at unreasonable times or after 9 o'clock. 5s. It was provided, however, that travelers and strangers might be kept and enter- tained in an orderly manner. Drunkenness and excessive or long drinking for second offenses were fined double the above amounts, and in default the first kind of offense were to be given ten stripes, and the second three hours in the stocks. The other above several regulations were also duly codified. It was ordered that only the Ordinary in each town should sell wine and strong waters. (1 New Haven Col. Rec , p. 27 [1646].) And it was provided that no one should retail liquors without license upon penalty of £5. (2 Id. , p. 595 [1656J. ) The law was shortly codified in an act which added whipping at discretion for those selling without license and not able to pay their flues. (Conn. Col. Rec, 1089-1706, p. 436.) Selling liquor without license was fined £5, to be doubled for each succeeding offense, half to the complainant ; and officers were to post the names of tavern-haunters at the doors of taverns, and selling to them afterwards was fined £5, and their drinking thereafter 20s. (Id., p. 562.) Early Slate Provisions. — Selling without license was fined $10, doubled for each subse- quent offense, half to the informer. (Laws. 1803, p. 728.) Cider, ale and beer were excepted from the law by Laws of 1810, p. 33. Retailers of liquor not to be drunk on the premises were authorized to be licensed the same as innkeep- ers and pay $5 for their licenses and forfeit $50 for illegal sellng. (Laws, 1813, c. 12.) All laws then in force regulating the sale of spiritu- ous liquors were repealed, and it was provided that no person excepting taverners should sell any liquor to be drank in his house or place, upon penalty of $5. (Laws, 1842, c. 27., No one was to sell on the highway, iu a booth, or any place erected or located for temporary pur- poses, on public days at camp meet.ngs. or on any temporary occasion, under penalty of $7. (Laws, 1844 c. 38, § 1 ) No jailor could sell on his premises. (Id., § 2.) By the act of 1845, c. 50, three special Com- Legislation.] 282 [Legislation. missoners were to be elected annually by each town, who only should grant licenses to such persons, under such limitations and restrictions, as they judged proper, and revoke the same at pleasure. Violators of the act were fined $10 to §100. This act was repealed by the Laws of 1846, c. 56; and by the next act of the same year, taverners only were authorized to sell to be drunk on the premises, under penalty of 810, half to the informer. By § 2 of that act no person but a taverner was to keep any house or place for the sale of liquor, under penalty of $30. And by § 3 no person was to sell to com- mon drunkards under penalty of $10. Connecticut's Maine Law of 1854 —An elaborate Prohibitory or Maine law, against the manufac- ture and sale of liquor (only excepting cider and native wine in quantities of five gallons or over), providing for Town Agents to sell for sacramental, medicinal, chemical and mechan- ical purposes only, providing penalty of $10 for first conviction and $20 and imprisonment three to six months for subsequent convictions for selling, and $100 for first, $200 for second and $200 and four months in prison *for third offenses of being a common seller, with search and seizure clauses, was submitted to the vote of the people on the first Monday of April, 1851. (Laws, 1853, p. 151.) Such an act, more elaborate and with somewhat heavier penalties, was enacted on June 23, lb54. (Laws, c. 57.) Persons fouDd intoxicated were fined not ex- ceeding > 7 by the Laws of 1859, c. 58. The sec- tion (19* of the Liquor act giving Selectmen, Constables. Mayors and Aldermen the powers of Grand Jurors to prosecute under the act, was repealed by Laws of 1860, c. 7. And § 27 of said law, which made sales of liquor void and not actionable, was repealed by Laws of 1861, c. 50. And by Laws of 1863. c. 22, it was enacted thatno.hing in the Prohibitory liquor act should impair the obligation of any con- tract. This was a reversal of the common law that contracts made in violation of law are non- enforceable. This policy was again reversed, and rights acquired by the sale of liquors were again made null and void. (Laws of 1872, c. 71.) The manufacture or sale of adulterated liquor was punished by fine not exceeding $500, or imprisonment, not exceeding one year, or both, by Laws of 1865 c. 01. In 1867 a license law was enacted and held in suspension until the next session, accompanied by the majority report of a committee in favor of it and against the Prohibitory liquor law then in force. (Laws, 1867, p. 182. ) The next Legis- lature did not concur. In 1869 was passed a law (c. 136) providing for a State Chemist and analysis by him of liquors, which is still in force and will be noticed below. Liquor-shops were prohibited to keep open on Sunday, in 1872. (Laws, c. 82.) License and Local Option (1872). — The Prohi- bition law was impliedly repealed in 1872 by the passage of a law authorizing the County Commissioners to license applicants recommend- ed by a majority of the Selectmen of the towns, though the towns might instruct such Selectmen to so recommend no one for license The license fee was $100. and the penalty f cr viola- tion $20. (Laws, 1872, c. 99.; The license fee was made $100 to $500 at discretion, in each case, and district licenses for the sale of beer, ale, and Rhine wine only, were provided for as were agents to be appointed by the County Commissioners, to prosecute for violations, by Laws of 1874, c. 115. By the Laws of 1875, c. 104, the County Commissioners were to pay moneys received for licenses to the several towns. By Laws of 1878, c. 137, the Mayors of cities, Wardens of boroughs and Selectmen of towns might close saloons between 12 p. m. Saturday night and 12 p. m. Sunday night fol- lowing. Town Agents, to sell for medicinal and similar purposes only, in towns voting against license, were provided for by Laws of 1879, c. 66. Twenty-five per cent, of the license moneys was awarded to the counties by Laws of 1879, c. 107. The Clerk of tlie Superior Court was to keep a record of all licenses. (Id., c. 124.) Prohibitory Amendments Proposed. — In 1880 (Laws, p. 601) a Prohibitory law with all the or- dinary provisions was proposed, but never fi- nally enacted. And in 1882 (Laws, p. 2241 a Prohibitory Amendment to the Constitution was proposed tothe next Legislature, which was not concurred in. Another such Amenoment was proposed in 1887 (Laws, p. 766), concurred in, submitted to the people (Laws, 1389, c. 163), and defeated at the polls. The Law as It Existed in 1889.— The term spirituous and intoxicating liquors shall be held to include all spirituous and intoxicating licjuors. all mixed liquors, all mixed liquor of which a part is spirituous and intoxicating, all distilled spirits, all wines, ale and porter, all beer manu- factured from hops and malt, or from hops and barley, and all beer on the receptacle containing which the laws of the United States require a revenue stamp to be affixed, aud all fermented cider, sold to be drunk on the premises, or in quantities of less than five gallons (made one gallon by Laws of 1889, c. 187), to be delivered at one time. tG. S., 1888, g 3048.) Upon petition of 25 voters of a town, the Selectmen must submit the question of license to the next annual town meeting. Licenses not in accordance with that vote are void, ild., §§ 3050-1. i Whenever a town has so voted against license, delivery of liquor by the vendor or his agent in such town shall be deemed a sale within such town, although the contract of sale was made outside the town. (Id., g 3052.) The County Commissioners may license, fcr a period not extending beyond the first Monday of the month next after the next annual town m- eting, by licenses signed by themselves, suit- able persons to sell liquors in suitable places. (Id., s? 3053.) But no person who has been con- victed of a violation of liquor law, or paid a fine to settle such a prosecution, or forfeited his bond to appear to answer such charges, shall be deemed a suitable person. (Id.,am'd by Laws, 1889, c, 117.) The County Commis- sioners shall, on or before the 10th of every month, report to the Town Treasurers the licen- ses granted and the money received therefor. (G. S. , 1888. g 3054. ) The said Commissoners shall pay 5 per cent, of such license moneys to the County Treasurers, and on the first of the next month shall pay the -est of the money to the Town Treasurers. (Id., §§ 3055-6.) The Com Legislation.] 283 [Legislation. missioners shall report, by the 1st of December, specifically, of all licenses granted by them for the year ending June 30 preceding. (Id., § 3057. i_ They may, upon complaint made of any violation of the law, revoke any license ; and they have the power of Justices of the Peace for the purpose of a hearing thereon. (Id., § 3U58.) Any prosecuting agent, of his own motion or upon complaint of two legal voters, may prefer charges before the Commissioners, who shall wiihin 14 days summon the accused to appear and show reason why his license should not be revoked. (Id, «$ 3059.) The fees of the prose- cuting agent shall be $5 per day, those of others the same as in ordinary criminal cases, to be t:ixed. drawn and paid by the Commissioners. (Id., $ 3060. ) Such revocation is not subject to app.al. On revocation, the Treasurer of the county shall sue on the bond, and on proof of any violation of the conditions thereof recover . the full amount of the bond. (Id., S 3061.) County Commissioners shall not deal in liquors, or become surety on the bond of any person licensed. (Id., g 3062.) Application for license shall be signed by the applicant and five electors and taxpayers of the town. It shall specify the building wherein liquor is to be sold. ' And, if within 200 feet of church or public-school premises, it shall state the distance. The Town Clerk shall certify as to the signers. The application shall be then transmitted to the Commissioners and a copy of the application filed with the Clerk, who shall advertise the same in some paper of the town, or if none, by posting, two weeks before the hear- ing thereon by the Commissioners. The ex- pense of advertising or posting, and 50 cents, shall be paid to the Clerk on th3 filing. Any person of the town may file with (he Com- missioners any objection to the granting of the license, and the Commissioners shall give five days' notice of the hearing on the objection, when they shall decide whether to grant the license or not. (Id.. § 3063.) Before license, a bond in $3,000 shall be filed with the Com- missioners, and no liquor-dealer can be a surety th^icou. Any conviction of violation of the law forfeits the bond, and the Treasurer must sue upon it and shall recover the full amount thereof. (Id., § 3064.) The license fee shall be $100 to $500, as the Commissioners shall determine, in each case, except in towns of less than 3.000 people, when it shall be §100 for all liquors, and $50 for ale. lager beer, cider and Rhine wine only ; and for portions of a year, such proportion as the Com- missioners judge proper. A druggist's license to sell forcomnounding prescriptions, and upon prescriptions, shall be $12, or $10 in towns of less than 5 000 inhabitants. Druggists' licenses to sell in quantities not exceeding one gallon, not to be drunk on the premises, are $50 ; and druggists' licenses to sell only on prescription, not to be drunk on the premises, in No-License towns, $12 (Id., § 3064. ) One sale only shall be made on one prescription. (Id., § 3;)65.) Prescriptions shall be dated and filed by the druggist (Id., S 3086.) Druggists must sign an application for license, to be lodged with the Commissioners two weeks, and objections may be made as in other cases, and revocation the same way. (Id., § 3067.) Druggists' licenses shall contain the words, " This license does not authorize the sale of spirituous or intoxicating liquor to be drunk on the premises." (Id., S 3068.) Every license shall specify the building and town, and authorizes sales in no other place, and shall be made revocable, in terms, for vio- lation of law. The Commissioners may indorse the license with permission to remove to another specified building in the town. (Id., 3 3069 ) All licenses shall have plainly printed on their faces §■; 3092 and 3094, G. S. (Id.. ^ 3070) On the death of a licensee, his executors or ad- ministrators may, with the consent of the Com- missioners, transfer his license to a suitable per- son, who must himself make application and execute bond as for original license. (Id , S 3071 ) Every one shall have his license framed and hung in plain view in the room of sale, on penalty of $5. (Id., g 3072.) The Clerk of the Superior Court of the county shall keep a rec- ord of all licenses. Persons not having their licenses so recorded shall be fined $5 a week. A certificate of such Clerk that any person is or is not duly licensed, or that his license has been revoked, is prima facie evidence. (Id., § 3073.) No liquors shall be sold in any State, county or town building No license shall be granted for any building used as a dwelling-house, ex- cept a hotel, until access from the dwelling por- tion has been effectually closed; and if any such way is opened it forfeits the license. (Id., § 3074.) No license shall be granted to any Sheriff, Constable, Grand Juror, Justice of tbe Peace. Prosecuting Agent, Selectman (except such Selectman is a hotel-keeper), or to any fe- male not known to be a woman of good repute, or any female member of the household of a person who has been refused license or who has forfeited his license, or to a house of ill-fame or place reputed to be a house of ill-fame, or to any person keeping a gambling place (Id., § 3074 ) "Whenever any licensee is convicted of a vio- lation of §§ 3087-3101 he shall, in addition to the other penalties, forfeit his license, and the Commissioners shall revoke it and he may not be licensed again for a year. (Id., § 3075.) License to sell is not required of importers into the United States of liquors remaining in the original packages. (Id., § 3076. ) Executors or administrators, or the trustees of an insolvent estate, may sell the liquors belonging to the estate in one lump, to a regularly-licensed dealer only. (Id., §3077.) No person shall sell liquor by sample, by soliciting orders, with- out taking out a license; but if he does so he may solicit orders in any town where liquor may be legally sold. (Id , § 3078. i Whenever any license has been obtained by fraud, the Commissioners may revoke the same without refunding moneys paid therefor. (Id., § 3079. ) No licensee shall employ any minor as a bar- tender or porter on his place, on penalty of revocation of his license by the Commissioners. (Id., § 3080.) All liquors intended to be sold unlawfully shall, together with the vessels con- taining them, be deemed nuisances. (Id., § 3081.) Any Justice of the Peace or Police Court, upon the sworn complaint of two voters, or of Legislation.] 284 [Legislation. any prosecuting agent, setting forth with reason- able certainty as to the kind of liquor, place and owner, that such liquors are intended to be sold in violation of law, may issue a warrant direct- ing any police or other officer to search the prem- ises and seize the liquor. If the place is a dwelling house, the prosecuting agent or one of the said complainants shall make oath that he believes unlawful sales have been made there within 30 days. And the Justices or Court must fijd that there is an adequate reason for such belief (Id. , § 3082.) On such seizure the Justice or Court shall within two days post and leave at the place of seizure, and at the usual residence of the owner, a summons notifying him and all concerned to appear in six to 12 days to show cause why the liquor is not a nuisance. (Id., §3083.) The costs under the last two sections shall De paid by the town except when paid by defendants. (Id., § 3084; see Laws, 1889, c. 48, § 1.) The Court shall direct by warrant, if the complaint is sustained, some officer to destroy the liquor. If judgment be that the liquor is not a nuisance the Court shall direct that it be restored and the costs' taxed and paid as in case of acquittal of a criminal charge. (G. S., 1888, § 3085 ; am'd by Laws, 1889, c. 48, § 3.) All proceedings for seizure shall be in rem, and conducted as civil actions, and the defendants have the right of appeal (G. S., 1888, S 3086.) Any person selling without license, or con- trary to his license, shall for the first offense be fined not more than $50, for the second shall be fined $50 and imprisoned 30 days, for third and subsequent ones, 8100 and 60 days imprison- ment. (Id., §3037.) Every person keeping a bar or place in which it is reputed liquors are kept without license, shall be fined not over $30. (Id.. §3088.) The Selectmen shall semi annually prepare a list of those persons aided by the town who use liquor, and lodge a copy thereof, forbidding sales to such persons, or their families except upon prescription, also signed by the Selectmen, with every licensed dealer in town. (Id., § 3089.) Every licensee who sells to such per- sons after such notice, shall be fined $10 to $50, or imprisoned 10 to 60 days, or both.. (Id., § 3090. ) Whenever any person shall complain to the Selectmen that his father, mother, husband, wife, child or ward is addicted to the excessive use of liquors, the Selectmen, believing the same, upon request, shall notify every licensed dealer in town not to sell to such person so desig- nated. Such notices remain in force as long as the dealer is annually licensed, or may be re- voked in a year by the Selectmen. (Id., § 3091; am'd by Laws, 1889, c. 136.) Licensees who deliver liquor to a minor for his or any other person's use, or to any intoxicated parson, or to any husband or wife after receiving notice from wife or husband, respectively, not to do so, or knowingly to any habitual drunkard, or to any persons after a Selectmen's notice, as in last sec- tion, or allow any minors to loiter upon their premises, shall be fined not more than $50, or be imprisoned 10 to 60 days, or both. (G. S., 1888, § 3092.) Every person keeping open any place for the sale of liquor to be drank on the premises on election day shall be fined f 50. (Id., 3093 ; Laws, 1889, c. 197.) Licensees shall not keep open their places between 11 p. m. and 5 a. m.. on penalty of $25 to $50; but this does not apply to druggists ; and the town, or the au- thorities of any city, borough, or town, may fix the hour of closing as late as 12 p. m. (,G. S., 1888, §3094.) Druggists violating §§ 3087-3101 shall be fined $50 to $100. (Id., § 3095.) Any person violating §§ 3065-6 shall be fined $25 to $100. (Id., §3096.) Keeping open a saloon or reputed place of sale of liquor, or gaming place on Sunday from midnight to midnight, shall be punished by fine of $50 to $100, or imprisonment not more than six months, or both; but this does not apply to druggists. (Id., § 3097.) Every jailer, prison keeper or other officer who shall furnish liquor to any prisoner under his charge, except as medicine, shall be fined ' $20. (Id., § 3098.) Every person who delivers liquor to any prisoner without permission of the keeper shall be fined $10. (Id., § 3099.) Persons manufacturing adulterated liquors shall be fined not over $250, half to the informer. (Id., §3100.) Persons selling liquor to be drunk on their premises shall be liable for any damages to the person or property of another, caused by the intoxication of the person so sold to. (Id., §3101.) Prosecutions may be before Justices of the Peace or any City or Police Courts, but no such Justice shall fine more than $100 or im- prison more than 60 days. An original informa- tion may, in all cases, be filed in the Superior Court by the State's Attorney. (Id.. § 310 J.) The County Commissioners, subject to the ap- proval of a Judge of the Saperior Court, may appoint one or more persons as prosecuting agents, who shall inquire into and prosecute for violations of this law. They shall render monthly accounts of their doings to the Com- missioners and hold office two years, unless sooner removed Selling liquor vacates their offices. (Id , § 3103.) Prosecuting agents shall receive not exceeding $10 (to be taxed by the Court) in each case. (Id., § 3104.) Whenever a person arrested for intoxication discloses to the prosecuting officer where and how he procured the liquor, and testifies at the trial of the accused, such evidence shall not be used against him for his intoxication. (Id., § 3105. y Any officer having a warrant for the arrest of a person for keeping a house of ill-fame or dis- orderly house, or keeping open on Sunday, or for the seizure of liquors, may make forcible entry into the place described, after demanding admittance as an officer. The County Commis- sioners, the Sheriff, the Chief of Police or any Deputy Sheriff, or policeman specially author- ized by such Sheriff or Chief , respectively, may at any time enter upon the premises of any licensee, to see how the business is conducted and to preserve order. ( Id., § 3106.) Whenever liquor is found in possession of one having a United States " license," such " license" shall be prima facie evidence that the liquor was intended for sale. (Id., § 3107.) Legislation.] 285 [Legislation. Where towns have voted against license therein, the Selectmen shall appoint one agent for every 5,000 inhabitants or fraction thereof in said town, to sell liquor for sacramental, medicinal, chemical and mechanical purposes only. He holds office one year, or until re- moved The Selectmen shall authorize the Town Treasurer to furnish said agent necessary money to purchase liquor for the agency. (Id. , § 3109.) Such agent shall give bonds iu S500, to be forfeited to the town on any violation of the rules in relation to his agency. (Id., § 3110 ) He shall sell only at the place designated. He shall purchase and sell according to rules of the Selectmen. He shall keep an accurate ac- count of his purchases and sales, as to quantity, kind, price, date and names, and residence of sellers to him, and buyers from him, and in the latter case, the use to which the liquor was to be put. This account shall be open to the Selectmen, Grand Jurors and prosecuting agents, and the civil authority. (Id., s 3111.) He shall sell liquor at not over 25 per cent, ad- vance on cost, and shall receive compensation not dependent on his sales, fixed by the Select- men; (Id., § 3112.) Persons purchasing of him, who make false representations of the use to which the liquors are to be put, shall be fined $50 or imprisoned not over 60 days, or both. (Id., § 3113.) All contracts, any part of the consideration of which has been the illegal sale of liquor, are void and action cannot be maintained to re- cover upon the same. (Id., §3114.) Whenever a town that has voted No-License reverses that vote, the liquors in the hands of the Town Agent may be sold by the Selectmen at wholesale. (Id., § 3115.) When in any liquor prosecution any sample of such liquor is presented in Court, it may order such sample conveyed to a State Chemist for analysis. (Id., § 3116.) State Chemists shall analyze such samples, keeping a record of the same, copies of which shall be legal evi- dence of the facts. (Id., §3117.) Liquors may be levied upon and sold, on execution, in the same manner as other personal property, with- out license, in quantities of not less than five gallons. (Id., §1159.) No part of the buildings or grounds of an agricultural fair shall be leased for the sale of liquor. (Id., § 1723.) No person shall sell liquor withiu 1,000 feet of such grounds, on penalty of not more than $50 for the first of- fense, $50 and 30 days' imprisonment for the second, and $100 and 60 days for third and subsequent offenses. (Id., § 1725.) The com- manding officer of any encampment or parade may prohibit the sale of liquor within one mile thereof. (Id., § 3187.) Every person found intoxicated shall be fined $1 to $20, or imprisoned not over B0 days. (Id.. § 1542.) Any Justice of the Peace having personal knowledge of any drunkenness may render judgment thereon, without previous complaint or warrant, having the person first brought before him. (Id. . § 689.) Physiology and hygiene relating especially to the effects of liquors, stimulants and nar- cotics on the system, shall be taught in the pub- lic schools, and teachers must be qualified therein. (Id, §2141.) . In towns that have voted No-License, all places used for clubs or societies where liquor is sold or distributed to the members thereof, shall be deemed common nuisances. (Laws, 18S9, c. 127.) And whoever keeps or assists in keep- ing such nuisance, shall be fined not more than $50. (Id.) Town Clerks within 10 days after election shall return to the Secretary of State the num- ber of votes for and against license. (Laws, 1889, c. 115 ; G. 8., 1888, sj 51) No Agent shall procure and deliver liquors for any one not licensed to sell, without a writ- ten order from such person or firm therefor. Such Agent shall keep such orders on file, and produce the same when called for by any prose- cuting agent or Grand Juror, under penalty of § 3087 G. S. (Laws, 1889, c. 187.) A druggist shall not sell on physicians' pre- scriptions, unless they state kind and quantity, name, date and residence, the need of the liquor, and are signed by physicians (who shall he known to the druggist); they must be filled within three days. (Laws, 1889, c. 199. £ 1.) Such prescriptions shall be filed and entered in a book, and such entry shall be open for ir- spection, and be sufficient evidence of sale. (Id., §2.) Physicians knowingly issuing pre- scriptions falsely, as procured for a beverage, shall be fined $25 to $50, and druggists violating this law shall be fined $50 to 8100. (Id., § 3.) Town or probate records shall not be kept where liquor is sold as a beverage, on penalty of *7 to §100. (Laws, 1889, c. 27.) Disclosure, by a person prjsecuted for in- toxication, shall be requested by the prosecuting officer, and, if refused, the accused shall be committed for contempt for 10 to 3J days. (Laws. 1889, c 167.) No premises where liquor is sold shall be ob- structed by any curtain or screen, to prevent a view of the bar and interior from the street during times when sales are prohibited, on pen- alty of not more than $50 or imprisonment not more than 30 days, or both. (Id., c. 112.) This does not apply to druggists. (Id.) An Amendment to the Constitution may be proposed by a majority of either House, and if at the next session this is concurred in by two- thirds of each House a special election on the question may be ordered — a majority vote of the people being necessary to adoption. There is a law requiring scientific temperance instruction in the public schools. (R. S., 1888, §2141 ; passed in 1886, c. 116.) Dakota Territory. The first Legislature authorized license by the County Commissioners for 810 to $10, », fined sales without license $30 to $100, and made it the duly of public officers to make com- plaint of violations of the law. (Laws, 1862, c. 83.) Selling or giving liquor to Indians was punished by imprisonment, 30 to 90 days, and fine of $20 to $100, and prosecutions by officeis and individuals were provided for. (Laws, 1862, c. 47.) The License law of 1864 (c. 28) included other businesse-i tlun liquor-selling, Legislation.] 286 [Legislation. increased the saloon license from $25 to $300, and gave the Board of Commissioners discretion to grant and revoke. The License law was made somewhat stronger by Laws of 1872, c. 25. Damages caused by an inloxicated person were awarded against the liquor-seller, and the real estate upon which the sales were made was made liable therefor. By c 26 of the same year, selling on election days was punished by fine of $25 to $100 and imprisonment for not exceeding 20 days. A more elaborate license law was passed in 1879. (Laws, c. 26.) It provided license fees of $200 to $500 to be fixed by the Commissioners, increased the penalty for violation to a fine of S'100 to $300 or imprisonment not exceeding 60 days or both, and provided for a druggist's license to sell for medicinal purposes upon pre- scription. This law was amended by c 71, Laws of 1887, to make the license fee from $500 to $1 000. Sales within half a mile of fairs, within three miles of the University of Dakota, and in Iroquois and Denver, were prohibited by Special Laws of 1885, c. 3 g 12 ; c. 150, and c. 49, respectively. Prohibition by Local Option was provided for on petition of one-third of the voters of any county, and a majority vote on submission of the question at time of general elections. (Laws, 1887, c 70.) Injunction was provided to be issued against violators of this act. (Id., {3 5.) All these laws are now, of course, repealed by the adoption, in the States of North and South Dakota, of Prohibitory Constitutional pro- visions. (See North Dakota and South Dakota.^ Delaware. Colonial Provisions. — A general license law of 1740 required all keepers of inns or alehouses to obtain licenses of the Governor, by recommenda- tion of the Justices of the Court of Quarter Ses- sions; and none but fit persons with suitable places were to be recommended. Suffering tip- pling at unseasonable hours, gaming or drunken- ness was fined 20«; for a second offense, 40s to £5, and for a third was punished by suppres- sion of license and disqualification to receive one for three years. Selling liquor without license was fined £5. The Justices might settle rates and prices at such houses, which were to be posted. (Laws, vol.1, p. 192 ) No Sheriff or jailer was to keep a tavern or sell liquor to prisoners. (Id., p 207.) Early Slate Provisions. — Justices of the Peace were not to hold court at an inn. (2 Id , p. 1052 [1792] ) Tavern-keepers or any persons pro- moting horse-racing, foot-racing, cock-fighting or shooting matches, and selling liquor to those assembled thereat, were to have their licenses suppressed, and be fined £10. (3 Id , p. 230 [1802].) Tavern licenses were to pay $12. (4 Id., p 261 [1809J.) The penalty for permitting tippling, drunkenness and gambling was placed at^lO, $20 for second offense, $30 and for- feiture of license and disqualification three years for third ; for selling without license, it was $14. (Laws, 1827, c 28.) By the Laws of 1841, c. 301, applications for inn licenses in Wilmington were required to pass the City Council. Laws requiring all re- tailers of goods, wares and merchandise to take out licenses and pay fees according to value of stock, but not in excess of $30, were passed in 1843, 1845 and 1847, the first one taking the place of an act of 1822. By Laws of 1845, c. 83, tavern licenses with the privilege of selling spirituous liquors were fixed at $12; without such privilege $5 ; penalty for selling liquor by licensees of the latter class, $14 and forfeiture of license. Local Option and Prohibitory Legislation of 1847-57. — License or No License (and conse quent Prohibition) was submitted to the people to decide, by Laws of 1847. c. 186. This was de- clared unconstitutional, as a delegation of the legislative authority to make laws. (Rice v Fos- ter, 3 Harring, 479. ) Selling liquor as a beverage by keepers of public houses, was prohibited, up- on penalty of $20 for first and $50 for second of- fense. (Laws, 1851, c. 597.) Later, the recom- mendation of a majority of the voters in any school-district was required for license to sell liquor, together with a recommendation to the Governor, by the Judges of General Sessions. The fee was fixed at $25 ; penalty for violation. $20. (Laws, 1853, §§ 2-5.) tavern-keepers were exempted from this provision, but w Laws, c. 105) ; and by c 106 the former law was re- pealed, so far as it granted licenses, and such licenses granted theieunder were made void after a certain date. Under the Prohibitory law, the penalty for manufacturing was 820 to $50 for the first offense, $50 to $100 for the second, and $100 for each subsequent one — a penalty of 30 days' imprisonment to be added for each offense after the first. Penalties for selling were the same, except that for selling to minors the fine was not less than 850. Every device or contrivance to deal out or sell liquor ana con- ceal the person selling it was declared a nuisance, to be abated under fine of $50 to $100 and im- prisonment SO to 90 days. The Prohibitory law was repealed in 1858 (Laws, c 15), after having been declared unconstitutional generally. (Beebe v. State, 6 Ind. 501 ; Herman v. State. 8 Ind. 545 ; O. Daily v. State, 9 Ind 494 ; 10 Ind. 26, 572. ) C. 130 of Laws of 1859 was a license law re- quiring $50 license fee, prohibiting sales on Sunday and election days, to minors and to habitual drunkards after notice, with penalty for sellingwithout license of $5 to $100. to which imprisonment might be added, not exceeding 30 days. This was amended by giving a remon- strant against gi anting a license right to appeal. (Laws. 1861. c. 72.) Another amendment was made by Laws of 1865, c 96, which, added a penalty of $10 to $50 for selling Sundays or election days, the original law having no penalty attached to it C. 59 of Laws of 1873 was a stricter license law, requiring a petition for license to be signed by a majority of the voters in the townships or wards, and abond of $3 000, with penalty of forfeiture of license for violation of the act. and providing that no violator should be qualified to receive another licence for five years. Full civil damage provisions were added, as were also the usual prohibitions. No fee for license, or permit to sell, as it wascalled, was re- quired, beyond the cost involved in procuring it. The act of 1875, c 13, repealed all former laws relating to liquors, and now remains in force. The Law as It Existed in 1889. — It is unlawful to sell, barter or give away any spirituous, vinous or malt liquor, in quantities less than a quart, without first procuring a license of the Board of Commissioners of the county. (R S., 1888, §5312.) 'Intoxicating liquor" applies to any spirituous, vinous or malt liquor. (Id., § 531b ) Any one desiring a license shall give notice in a paper published in the county, or if there is none, by posting in three places, at least £0 days before the meeting of the Board, stating the precise location of his premises and the kinds of liquor he desiris to sell. And any voter of the township may remonstrate against such license on account of immorality or other unfitness of the applicant. (Id.. § 5314.) The Board shall grant a license upon the giving of bond in $2,000, conditioned that the applicant will keep an orderly house and pay all fines and costs and all judgments for civil damages against him, if such applicant is a fit person to be in- trusted with the sale of liquor, and if he be not in the habit of becoming intoxicated. 2So ap- peal from the order of the Board shall operate to estop the applicant from receiving lictnse and selling thereunder until the close of the next term of the Court in which it might be lawfully tried. (Id.. §5315.) The license fee to sell all liquors is $100 ; to sell vinous or malt, or both, $50 — such fees to go to the school fund of the county. (Id., § 5316. 1 No city shall charge more than $250 more, and no incorporated town more than $150 more, than the above fees, ild., § 5317; amended by Laws of 1889. c. 218.) License shall be issued by the County Auditor upon the order of the Board granting the license and the receipt of the County Treasurer for the fee. It shall specify the name of the applicant, the place of sale and time to run, and permit liquors sold to be drunk on the premises. (R. 8., 1888, § 5318.) No license shall be for more or less than a year. (Id. , § 5319.) Persons not licensed, selling to be drunk on the premises, shall be guilty of a misdemeanor and fined $20 to $100. and the Court may add imprisonment for 10 to 30 days. (Id,. § 53£0.) Criminal and Circuit Courts have jurisdiction under this act. (Id. ,§5321.) And Justices of the Peace have jurisdiction to try and determine all cases under this act, provided that if the Justice think a fine of $25 is inadequate in any case, he is to recognize the party to the Criminal or Circuit Court. (Id., § 53^2.) Every person who shall sell liquor in violation of this act shall be personally' liable, and also liable on his bond, to any person who shall sustain any injury or damage to his person or property on account of the use of such liquors so sold. (Id., § 5323.) Cities may regulate and license all inns, taverns and shops where liquor is sold to be used upon the premises. iR. S.. 1888, § 3106, c. 13. > To exact license money from per- sons selling liquor, cities have jurisdiction two miles beyond the city limits. (Id., § 3154.) Adulterating native wine and selling such is fined $10 to $100 (Id., § 2072', and the same penalty is charged for so adulterating liquors. (Id., § 2073.) Using active poison in intoxica- ting liquors is punished by imprisonment one to seven years, and fine not exceeding $500. (Id. § 2074.) Legislation.] 295 [Legislation. Whoever is found drunk in any public place is fined not exceeding $5 ; for the second con- viction not exceeding $25, and for third not over £100, and he may be imprisoned five to 30 days and disfranchised for any determinate period. (Id, § 2091.) Selliug liquor to a drunken man knowingly is fined $10 to f 100, to which may be added imprisonment for 30 days to one year, and disfranchisement for any de- terminate period. (Id., § 2092.) Selling to a habitual drunkard, after notice in writing by any citizen of the township, is fined £50 to $100, to which may be added imprisonment 30 days to one year and disfranchisement any determi- nate period. (Id., § 2093.) Selling to a minor is fined $20 to $100. (Id., § 2094.) Any minor over 14 years of age misrepresenting his age as being over 21 to procure liquor, is fined $10 to $100. ild... § 2095.) Furnishing liquor to prison- ers, or keepers permitting them to have such liquor, except the same is prescribed by a physician, is fined $20 to $100. (Id., § 2096.) Keeping a disorderly liquor-shop is fined $10 to $100. ( Id . J5 2097 ) Selling liquor on Sunday, or any legal holiday or upon election day, or between the hours of 11 p. m. and 5 a. m., is fined $10 to $50, to which may be added im- prisonment f >r 10 to 60 days. (Id., g 2098 ) Druggists sel dng on such days or nights, ex- cept upon physicians' prescriptions, are so pun- ished. (Id , § 21)99.) Selling liquor within one mile of an a;semblage for religious worship, or any agricultural fair or exhibition, without au- thority of the managers of such meeting or fair, shall be punished by fine of $10 to $50 and imprisonment for JO days. But this does not apply to regular business. (Id.. § 2100.) The State Board of Health shall, in its annual report, state what, in its best judgment, is the effect of the use of liquors upon the industry, health and lives of the people. (Id. . § 4987.) Appeals, upon the granting of a license or its refusal, shall be to the Circuit Court within 10 days, upon bond to pay costs and not without. (Laws, 1889, c. 148.) An Amendment to the Constitution may be proposed by a majority of the members of the two Houses, must be concurred in by a majority of the members of each House in the next Legislature, and to be adopted must be approved by a majority of the electors voting on the question at the polls. Indian Territory. Clierolcee Nation. — The introduction and vend- ing of ardent spirits in this Nation shall be unlawful, under penalty of having the same wasted and destroyed, and the officers of the Nation are authorized to put under oath and to exact information from any persons in searching for ardent spirits, and to procure search war- rants to search any house in which there is good reason to believe liquors are concealed. The Sheriff may summon a guard to assist in wasting liquors' should resistance be offered. Persons introducing or trading in spirits shall be fined $10 to $50 (one-fourth to the Sheriff and one- fourth to the Solicitor of the district). Failure in duty on the part of the Sheriff or Solicitor shall be fined $25 (Laws Cherokee Nation, 1839- 67, p. 28 [passed 1841].) Any citizen is author- ized to arrest any person guilty of introducing spirituous liquors, and who may be found con- veying the same to any point thereof, and to waste them. And the members of any assembly or congregation for religious worship are author- ized to take temporary measures for ptace and harmony, by the suppression of the sale and in- dulgence in spirits.in their vicinity, as may seem to them most proper and best. (Id., p. 29 [passed I860].) The first of these acts was codified, with the penalty increased to $50 to $100, in Compiled Laws, Cherokee Nation, 1881, p. 161. Chickasaw Nation. — All persons are prohi- bited from introducing spirituous liquors into this Nation under penalty of $10, and for all succeeding offenses $40. Any person giving away or selling such liquor shall be fined $25, and for succeeding offenses $50 (half to the in- former in both cases). In case the offender refuse to pay the fine the liquor shall be con- fiscated and sold. The Sheriff or Constable shall destroy any whiskey or spirituous liquor in the Nation, and citizens called on are bound to assist, and those resisting such destruction may in self-defense be killed by the officers or citizens. (Laws Chickasaw Nation, 1860, p. 25 | passed 1856] ; re enacted and approved, Id., p. 105 1 1858].) Choctaw Nation. — It is not lawful for any person to introduce for their own use or sell or give away any vinous, spirituous or intoxicating liquors, except wines for sacramental purposes by a member of the church, on penalty of $10 to $100, or on default of payment, imprison- ment one to three months. Any person found with such liquors is deemed guilty. The Cir- cuit Judges shall give this act in charge to the Grand Jury, who shall diligently inquire into violations of the same. In every conviction under the act the District Attorney shall be en- titled to $5. The Sheriff, Light horsemen and Constables are authorized, upon suspicion with- out warrant, to forcibly enter all places, search for and seize, break and destroy all bottles, bar- rels, jugs or any vessel containing liquor and arrest the persons in charge, and such officers shall receive $2 upon conviction of the offender. If any person sell or give away liquors, and any person be thereby maimed or injured, such seller shall be fined $5 to $100 for the person injured. (Laws Choctaw Nation, 1869, p. 163 [passed 1857].) Iowa. Earliest Provisions. — By the Bevenue act of the first Legislature, groceries retailing liquors were taxed $100 in incorporated towns and $50 elsewhere. (Laws, 1838, p. 401.) By the Laws of 1839, c. 22, County Commissioners were to grant such licenses for $25 to $100, the applicant to give bond in $100 to keep an orderly house, and to be fined $10 to $50 for offenses against the law. And selling without license was fined $50 to $100. Selling on Sunday, except for medicine, was fined $5. (Laws, 1843, c. 43.) The law was extended to all cities, and the penalty for selling without license was reduced to $S0 to $50 by Laws of 1845. c. 28. The question of license or no-license was submitted Legislation] 296 [Legislation. to the voters of each county to determine. (Laws, 1846. c. 49.) The second Legislature of the State enacted a license law, placing the fee at $50 to $1 25, with bond of $150 to keep an orderly house, and fining sales without license $50 to jl50. i Laws, 1848,c. 67.) Partial Prohibition (1855-84).— A Prohibitory liquor or Maine law was submitted to vote of the people on the first Monday of April, 1855. (Laws, c. 45.) In the case of State v. Santo (2 la., 165) the submission clauses were declared unconstitutional, but the rest of the law was upneld This law excepted sales of five gallons or more of domestic wines, and of cider by the maker when sold to be taken away at one time ; appointed County Agents to sell liquor for medi'inal, mechanicaland sacramental purposes, ard punished manufacturing by a fine of $100 for first offense £200 for second, and 8200 and imprisonment 90 days for third; the penalty for selling was $20, $50 and $100, and three to six months' imprisonment, for first, second and third offenses respectively. It declared (he building or ground of unlawful sale, manufacture, or keeping a nuisance, and authorized search, seizure and forfeiture of liquors. By the act of 1857 (Laws, c. 157). any citizen except hotel- keepers, keepers of saloons, eating-houses, grocery-keepers and confectioners was permit- ted to buy and sell liquors for mechanical, medicinal, culinary and sacramental purposes only, on procuring the certificate of 12 citizens of the town to his moral character and giving bond in $1,000. He was to keep an accurate account of his purchases and sales. Purchasers buying of him were fined $10 for the first offense of making a false statement of the use for which liquor was inquired, and $20 and 10 to 50 days in prison for the second offense A license law, allowing County Judges to grant licenses upon petition of 12 freeholders of the township, with civil damage provisions, was enacted to be adopted by any county upon vote, after petition by 100 citizens of such county. (Laws, 1856. c. 221.) This act was declared unconstitutional in whole because of its submission clauses, and because it would not have a uniform operation. (Geebrick v. State, 5 la., 491.) Wilfully selling adulterated or drugged liquors, was punished by fine not exceeding $500, or imprisonment for not over two years. (Laws. 1858. c. 140 ) And by the Laws of 1858, c. 1J3, the manufacture and sale of beer, cider from apples or wine from grapes, currants or other fruits grown in this State, were excepted irom the prohibitions of the law. Persons selling liquor were charged with the expense of the care of the intoxicated person, and were made liable in civil damages for the injury caused by intoxication to any one's per- son, property or means of support. (Laws, 18t>2 c. 47.) The privileges of buying and selling confer- red by act of 1857, c. 157. were cut off by c. 94, Laws of 1862, and permits for the sale of liquor for such excepted purposes were required to specify the house of sale and the term of its continuance, with the same system of accounts for every purchase and sale elaborated. Such agent's permit was forfeited for unlawful sell- ing. And search warrants were allowed to be issued upon information by one credible person of the county, instead of three. Sales of liquor at fairs were prohibited by Laws of 1864, c. 109. The Laws of 1868, c. 128, amended the granting of permits under the above laws, and made a hearing upon notice necessary to the granting of such permits, and directed the County Judge to consider the wants of the locality and the number of permits issued therefor in granting the same. Incorporated cities and towns were given power to regulate or prohibit the sale of liquor for purposes not prohibited by the State law, i.e., beer, wine and cider. (Laws, 1868, c. 154) In 1870 the sale of beer, wine and cider was prohibited, but the Board of Supervisors of each county might determine whether a vote should b3 taken upon the question, and not till such a vote was in favor of Prohibition should such Prohibition be in force. (Laws, 1870, c. 82.) By Laws of 1872, c. 24, permits to sell for the excepted purposes were allowed, only upon petition of a majority of the legal voters of the township or ward. The bond of the holder of a permit was increased to £3.000, his profits were limited to 33J- per cent., and monthly returns of his sales to the Auditor were required. Penal- ties were $100. Druggists were not to sell liquor or its compounds as a beverage. (Laws, 1880, c. 75 §5 9.) Selling on election day was prohibited by Laws of 1880, c. 82. The Constitutional Amendment. — A Prohi- bitory Amendment to the Constitution was pro- posed to be submitted. (Laws, 1880, c. 215 ; Laws, 1882, p. 178.) This Amendment was in- validated, after adoption, on account of an in- formality in its passage, as indicated in the journals of the Legislature. (Koehler v. Hill. 60 la., 543.) The Law as It Existed in 1889— In 1884. 1886 and 1888 were passed the laws, more and more stringent and elaborate, which make up most of the present sections of the Revised Code of 1888 upon the subject. Citations that follow are to McClain's Code of 1888. The corresponding matter is found in Miller's Revised Code, at § 1523 and following. No person shall manufacture or sell, directly or indirectly, any intoxicating liquors except as hereinafter provided. Keeping liquor with in- tent to sell the same unlawfully is prohibited ; and the liquor and vessels containing it are de- clared nuisances. (Code, 1888, § 2359.) Persons holding permits may sell intoxicating liquors for pharmaceutical and medicinal pur- poses, alcohol for specified chemical purposes, and wine for sacramental purposes. Permits must be procured of the District Court, and con- tinue one year, with renewal annually upon showing to the Court that the law has been complied with the preceding year, and giving a new bond ; but parties may resist renewals 1he same as applications for permits. (Id., §2360.) Notice of application for permit must be pub- lished three weeks in a newspaper of the city, town or county. And in one of the official papers of the county. It shall state the name of the applicant, the purpose of the application, Legislation.] 297 [Legislation. the particular location of the place where liquor is proposed to he sold, and that the petition will he on file 10 days before the first day of the term when the application will tie made, and a copy thereof shall be served on the County At- torney. (Id , § 2362.) Application for permits shall be by petition, staling the applicant's name, place of residence, present business and business for two years previously, a particular description of the place of sales, that he is a citizen of the State, a registered pharmacist and proposes to sell liquor as the proprietor of such pharmacy, that he has not been convicted of unlawful liquor-selliugfortwo years, does not keep a hotel, eating-hous^, saloon, restaurant or place of public amusement , that he is not addicted to the use of liquor as a beverage, and has not been engaged in unlawful liquor traffic for two years. (Id., § 2364.) The permit shall issue, or be renewed, only upon a bond by the appli- cant in $1,000, conditioned to observe the law relating to the sale of liquor, and to pay all fines, penalties, damages and costs against him. Such bond shall be for the benefit of any person damaged by reason of violation of the permit. (Id.. § 2364.) The applicant shall file, 10 days before the term, in support of the application, a petition signed by one-third of the freehold voters of the township, town, city or ward in which the permit is to be used. Each person shall state that he has read the petition and is personally acquainted with the applicant, that he is a resi- dent of the county, over 21 years of age, of good character, reputed to be law-abiding, has not be. n found guilty of violating the liquor laws for two years, is not in the habit of using liquor as a beverage, that the permit is necessary for the convenience and accommodation of the people of the locality, and that he believes the applicant is worthy of confidence and will ob- serve the law. At or before 9 a. m. of the first day of the term, a remonstrance against the granting of the permit may be filed by any per- son. (Id., § 2365.) On the first day of the term, having ascertained that the application is proper- ly presented, the Court shall hear it unless ob- jection is made, and if objection is made it shall be set down for hearing during the term. The County Attorney or any citizen, or his at- torney, may resist the application, and in any case the Court shall not grant the permit until it appears by evidence that the applicant is worthy of confidence and that the application and petition are altogether true. If more than one permit for the same locality is asked for at the same time, the various applications shall be heard together, and any or all shall be refused or granted, as will best subserve the public in- terest. (Id., S 2-167.) Permits shall not issue until the applicant makes oath, to be endorsed upon the bond, that he will not sell unlawfully and will make required returns of sales. (Id., $2367.) Permits shall be deemed trusts reposed in the recipients, not as a matter of right, and may be revoked by order of the Court upon sufficient showing. "Complaint, sworn to by three citizens, may at any time be presented to the District Court; and, with five days' notice to the accused to appear, the Court may hear and determine the controversy and the permit may be suspend- ed during its pendency. After revocation of a permit for violation of law, such adjudication may, in the discretion of the Commissioners of Pharmacy, work a forfeiture of the certificate of registration as a pharmacist, and upon receipt of a record showing a second such violation of law, such Commissioners shall cancel such registra- tion. The Clerk must forward such records to them. (Id., £ 2368.) If no registered pharma- cist shall obtain a permit not in any township, some person not a registered pharmacist may under like conditions obtain a p.rmit. (Id., g2369.) All papers relating to the granting or revoca- tion of permits shall be filed as part of the records of the Clerks' offices. The applicant for permit shall pay all the costs incurred in any case, except the costs of any malicious resistance. (Id., § 23T0 ) When any person holding a permit desires to purchase liquor for use thereunder, he shall ap- ply to the County Auditor for a certificate au- thorizing such purchase, which must be attached to the way-bill accompanying the shipment as authority to the common carrier. After use such certificate shall be returned to the Auditor, who shall cancel, file and preserve the same. (Id. , § 2371. ) Requests for liquor shall be dated and shall state the age and exact residence of the signer and person for whose use the liquor is re- quired, the amount and kind required, its pur- pose, that neither the applicant nor the person who is to use the liquor uses liquor as a bever- age, and be signed by the applicant and attested by the permit-holder, but must not be granted by the permit-holder unless he personally knows the applicant and that he is not a minor or per- son addicted to drunkenness, and is of good character, and believes the application is true. If he does not know the applicant, one whom he does know must in writing vouch tor such applicant in the same way. The requests shall be upon blanks numbered consecutively, fur- nished by the County Auditor, in books of 100 to holders of permits, who shall, after filling, re- turn to the Auditor, who will file and preserve the same. All unused or mutilated blanks shall be returned or accounted for before other blanks shall be issued to the permit-holder. (Id., t$ 2372.) On or before the 10th day of eacb month, each permit-holder shall make returns, under oath, to the Auditor, of all requests filled by him Every permit-holder shall keep strict ac- count of all liquors purchased by him, and the amounts sold and used, and the amount on hand, each month. Such accounts shall be open for inspection by officers, and shall be evidence. Monthly statements thereof shall be made to the Auditor with the return of the above re- quests. (Id., § 2373.) On trial for illegal sales under permits, the requests for liquors and re- turns made to the Auditor, the general repute of the accused, and his manner of conducting his business, and the character of applicants for liquor, shall be competent evidence. (Id., § 2374.) Registered pharmacists, not permit-holders, are authorized to obtain liquors i not including malt) of permit-holders, for compounding Legislation.] 29S [Legislation. medicines, tinctures and extracts that cannot be used as beverages, at not over 10 per cent, net profit on such liquors, such purchasers to keep and return monthly to the Auditor a record of such purchases and the uses made thereof. The Commissioners of Pharmacy are directed to make rules to govern this subject and revoke registrations of pharmacists abusing the trust. (Id., § 2375.) A permit-holder may employ not more than two registered pharmacists as clerks, for whose acts he is personally respon- sible. (Id., § 2376.» The Commissioners of Pharmacy are to have as a fund for further prosecutions 50 per cent, of all fines collected in prosecutions instituted by them. (Id., g 2378.) Any person making a false signature or rep- resentation upon papers required by this act shall be fined £20 to jriOO, or imprisoned 10 to 30 days. Permit-holders or clerks making false oaths shall be punished for perjury. Permit- holders violating the law are guilty of mis- demeanors. (Id., § 2379.) Selling or giving to minors, except upon written order of parent or guardian or physi cian, or to any intoxicated person or habitual drunkard, is fined $100 (half to the informer;. (Id., S 2889.) Selling without a permit, by any device, is fined $50 to $100 for first offense, and £300 to $500, with imprisonment not exceeding six months, for subsequent offenses. (Id., £ 2381.) Persons keeping liquor for illegal sale shall be punished as last stated above, except that such imprisonment is alternative. (Id., g 2383.) In cases of unlawful manufacture, sale or keeping, the building or ground upon which it happens is a nuisance and the user is fined not over $1,000. Any citizen of the county may maintain an action to abate and perpetually en- join the same, and any person violating any such injunction shall be fined $500 to $1,000, or imprisoned not more than six months, or both. (Id., g 2384.) It is the duty of the County At- torney to institute actions to enjoin such nui- sances. (Id.^ g 2385 ) In any such action the Judge may grant a temporary injunction, if the nuisance is being maintained, as of course. (Id., § 2386.) A Judgs may summarily try and punish parties violating such injunction, by the penalty of § 2384. which (if imprisonment alone) must be three to six months. (Id., g 2387.) If the ex- istence of such a nuisance has been established by action, it shall be abated by order of Court, by seizing and destroying liquor therein, re- moving all fixtures of the business in the build- ing, and closing the same against occupation for saloon purposes, for one year. (Id., § 2389.) If an owner appear and pay costs, and file a bond in the full value of the property, conditioned that he will immediately so abate such nuisance, the action shall be abated. (Id., §2391.) Finding liquors in the possession of any one not authorized to sell the same, except in a private dwelling which is not used as a tavern, eating-house, or place of public resort, is pre- sumptive evidence of illegal keeping. (Id,, § 2392.) After a conviction of keeping a nuisance, if any person engages in such unlawful business he shall be imprisoned three months to one year. But no equitable order or judgment shall be deemed such conviction. (Id., § 2393.) In no action to abate a nuisance shall fees be demand ed in advance, and costs shall be paid as in other criminal cases. But the costs may be taxtd to the prosecutor if he act maliciously and without probable cause. (Id., § 2396.) Any person en- joined in such action who again engages in the sale anywhere within the jurisdiction of the Court, shall be guilty of contempt. (Id., g 2398.) Keeping a United States revenue "license" posted in any place of business is evidence that the person owning it is engaged in unlawful selling, and prima facie evidence that liquors found in possession of such person are kept unlawfully, if such person is not author- ized by law. (Id., §2400.) Search-warrant is provided for upon complaint of any credible resident of any county upon oath that he believes particular liquor in a par- ticular place is owned by the person named or described and is kept by him ior unlawful sale. If the place named is a dwelling, it must be stated that liquor has been sold there within one month (Id., § 2401.) The information and seaivh warrant shall describe the place and liquor with reasonable particularity, but thiir insufficiency only entitles the owner to be heard upon the merits of the case. (Id., § 2402.) Upon seizure of liquor under search-warrant, the Justice issuing the warrant shall cause notice to be left at the place of such seizure and at the last known place of residence of the owner, summoning such person, from within five to 15 days, to appear and show cause why said liquor and the vessels containing it should not be for- feited. The proceedings shall be the san>e ; s in cases of misdemeanor. (Id., e 2404.) When- ever decided that such liquor is forfeited, war- rant shall issue to an officer to destroy it ; in the other case to return it. (Id.. § 2405.) If any person is found intoxicated, he may be taken by any peace officer without warrant, and may be fined "10 or imprisoned 30 days. But this may be remitted upon the prisoner's giving information when, where and of whom he pur- chased the liquor, piovided he give tail to ap- pear as a witness against the party who sold tue liquor. (Id., g 2405.) In any information or in- dictment, it is not necessary to set out exactly the kind and quantity of liquor, nor the exact time of offense ; and proof of any violation of liquor law, substantially as set forth and within the time mentioned, is sufficient. It is only necessary to allege second or subsequent offenses, without cetting forth the record of the same. And the purchaser of liquor is a competent wit- ness. (Id., g 2406.) All debts for liquor unlawfully sold, and all contracts and securities based in whole or in part on such unlawful sale, shall be void, ard no action for liquor sold in another State in vi- olation of the law of this State shall be main- tained. 1 (Id., § 2407.) All peace officers shall 1 The United States Supreme Court has decided that any State may not only lawfully suppress the manufacture of liquor intended for consumption within the State, but also the manufacture of liquor intended for transportation to or sale in another State. (Kidd v. Pearson, 128 U. S., 1.) Legislation.! 299 [Legislation. see that the provisions of this chapter are ex- ecuted and shall prosecute violations, under penalty of $10 to $ 50 anc i forfeiture of their offices. (Id , S 2408. ) If any express or railway company, or com- mon carrier shall transport liquor irom place to place in this State, without certificate of the Auditor as above mentioned, its agent so offend- ing shall be fined $100. This offense is com- plete in any county of this State to or through which liquor is transported, or where unloaded, (id., § 2110.) This section, in so far as it applied to liquors brought into the State from another State, was by the United States Supreme Court declared to be unconstitutional, ns an attemnt to regulate commerce between the States. 1 (Bow- man v. Chicago & N. W. R R. Co., 125 U. S., 465. i Any person making a false statement to procure transporation of liquor by a common carrier, or falsely making it therefor, shall be fined £100. (Code, 1888, § 2411.) Liquors shall not be conveyed from point to point in this Stat j by common carriers without being marked as siich, and all liquors so carried shall be sub- ject to seizure. (Id., $ 24f2.) Every person, by himself or by associating wi'h olherj, keeping a club or place in which liquors are distributed or divided among mem bers. shall be fined $100 to $500, or imprisoned 30 days to six months, lid., § 2413.) Courts and juries shall construe the liquor laws to prevent evasion, and so as to cover giv- ing as well as selling. (Id., J? 2415.) 'Intoxicating liquors" include alcohol, ale, wine, beer, spirituous, vinous and malt and all intoxicating liquors whatever. (Id., § 2416.) Any person, by selling liquor unlawfully, who causss the intoxication of another, shall be liable for his keep and $1 a day additional (Id., S 2417.) Every wife, child, parent, guardian, employer or other person, injured in person, property or means of support, in con- sequence of the intoxication of any person, has right to action for actual and exemplary dam- ages against the person or persons selling liquors and causing such intoxication. (Id., tj 2418.) For all fines, costs and judgments under the liquor law, the real property of the defendant and of ihe owner knowingly permitting the business on his property, are liable. And any bond given by defendant may be sued therefor. (Id., S 2419.) Persons making false statements to procure liquor of those authorized to sell, shall be fined $10 ; for the second offense, #20 and imprison- ment 10 to 30 days. (Id.. S 2420.) There is a law requiring scientific temperance instruction in the public schools. (Code, 1888, §2884; passed in 1886, c. 1.) An Amendment to the Constitution may be proposed by a majority of all the members o p the two Houses, and if concurred in by similar majorities in the next Legislature may be sub- 1 The Supreme Court has decided that so long as Con- gress doe3 not specially authorize States to prohibit the inter-State traffic in liquors, such imported liquors may not only be lawfully imported into one State from another State, but may also be Jold in the original packages at the point of their destination, despite State prohibitions to the contrary. (Leisy v. Hardin [1890], 135 U. S., 100.) But by an act passed in 1890, Congress concedes to each State the right to deal with imported liquors the same as with liquors manufactured within its own borders. mitted to the people for ratification or rejection — a majority vote of the people being necessary. Kansas. Earliest Provisions.— The Laws of 1859, c. 91, required the petition of a majority of the house- holders of the township or ward for a license, and $50 to $500 license fee. Selling without license was fined not to exceed $100. felling on Sunday, election day or 4th of July was fined $25 to $100. with imprisonment 10 to 30 days and forfeiture of license. Persons licensed had to give bond in $2,000. They were not to sell to intoxicated persons or to married men against the known wishes of their wives. Pull civil damage provisions were included. This act did not apply to corporate cities of over 1.000 inhabitants, which had full power to regulate licenses themselves. Complete Prohibition was 6 *cted for the unorganized counties of the State in 1867. (Laws, c. 81.) The Constitutional Amendment. — In 1879, by Laws, c. 165, the Amendment. "The manufac- ture and sale of intoxicating liquors shall be forever prohibited in this State, except for med- ical, scientific and mechanical purposes," was proposed, and it was adopted in 1880. becoming §10 of Art. 15 of the Constitution. In 1881 was passed a complete Prohibitory law, which, as amended in 1885 and 1887 is summarized below. The Law as It Existed in 1889. — Any person or persons who shall manufacture, sell or barter any spirituous, malt, vinous, fermented, or other intoxicating liquors, shall be guilty of a misde- meanor, provided that such liquors may be sold for medical, scientific and mechanical purposes, as provided by law. (C. L, 1885, § 2287.) It shall be unlawful to sell liquor for the above excepted purposes without procuring a druggist's permit therefor from the Probate Judge, who has dis- cretion to grant the same for one year to any person of good character who is a registered pharmacist, engaged in the business of a drug- gist, who can be intrusted with the responsibil- ity of so selling ; and such Judge may at any time revoke such permit. To obtain such per- mit the applicant shall file, 30 days before hear- ing thereon, a petition, signed by the applicant and 25 reputable freeholders who are electors, and 25 reputable women over 21 years, residing; in the township, city of the third class or ward, setting forth the place where such business is located, that the applicant is of good character, etc., and does not use liquor as a beverage, and that said applicant has a stock of drugs if in a city of at least $1,000 value, or elsewhere MOO value. The applicant shall publish a notice of his application, and shall be required to prove the truth of every statement in the petition ; and the County Attorney shall, and any other citizen may, appear and oppose. The permit, if granted, shall be recorded upon the journal of the Probate Court, and a certified copy thereof posted in a conspicuous place in the store where the business is carried on. The druggist shall file bond in $1,000 not to violate the law. Any applicant or citizen may appeal from the Probate Judge's decision to the Dis- trict Court, but not therefrom. Upon a petition. Legislation.] 300 [Legislation. on oath, by 25 reputable men and 25 reputable women of the township, city or ward afore- said, requesting the revocation of the permit, the Judge shall cite such druggist to appear ; and if it appear that he id not in good faith car- rying out the law, his permit may be cancelled. On appeal as above, the permit shall be inoper- ative until the appeal is decided. But the Pro- bate Judge may cancel any permit at any time of his own motion. Such Judge issuing a per- mit to one not legally qualified shall be fined $500 to $1,^00, and any person signing a petition for any applicant known to him to be in the habit of becoming intoxicated or not in good faith a druggist, shall be fined $50 to £100. (Laws, 1887, c. 165, § 1.) Any regular physician in case of actual need may give prescription for liquor or ad- minister it himself. But if he does so to evade the law he shall be fined $100 to $500, or be im- prisoned 10 to 90 days. (C. L , l!r85, § 2289.) Any druggist having a permit may sell for medical purposes only on affidavit of the person for whom the liquor is required, setting forth the purpose, kind and quantity, that it is actually needed by the named patient, and stating that it is not intended as a beverage and that the applicant is over 21 years of age Such druggists may sell for mechanical and scientific ' purposes only upon a similar affidavit. There shall be but one delivery on one affidavit , and no druggist shall permit drinking on his premises. Any such druggist may sell in quantities not less than a gallon to another druggist having a permit. The affidavits above required shall be provided by the County Clerks in printed book forms of 100 each, consecutively numbered. The books must be indorsed with the date of delivery and the name of the person to whom delivered, and be signed and sealed with the official seal. The Clerk must keep two exact copies (except as to the numbers of the blanks), a record of the series, and the numbers thereof delivered to each druggist. The?e copies «f the books must be filed one by the Clerk and one in the office of the Probate Judge as well as the Clerk's records of deliveries of bonks. Such affidavits filed by the druggists, while they re- main in book form, must with an affidavit be returned monthly to the Probate Judge. The druggist must also file at the same time an affi- davit of the amounts of liquor purchased by him and the amounts remaining on hand. The Probate Judge shall receive no fees under this act. but receives &15 per annum for each 1,000 inhabitants of his county, not to exceed $1,000. Persons making false affidavits for liquors shall be guilty of perjury and imprisoned six months to two years. A person subscribing any other name than his own to such shall be guilty of forgery in the fourth degree. Persons selling to others liquor so obtained, upon affi- davit, as a beverage, shall be fined $100 to $500 and imprisoned 30 to 90 days. Each druggist shall keep a daily record, in a book open for inspection, of all liquors sold by him or his em- ployees. (Laws, 1887, c. 165, § 2.) No person shall manufacture liquor except for the above- excepted purposes. To obtain a permit therefor one must apply by petition signed by 100 resident electors of the ward or by a majority of those of the township or city of the third class to the Probate Judge and file bond in $10,000. Such manufacturer shall sell only in original packages for such purposes, and for medical purposes only, to druggists duly authorized to sell, and shall not sell in less quautities than five gallons. (Laws, 1887, c. 165, §6.) Persons selling directly or indirectly with- out a permit shall be fined &100 to ^500 and im- prisoned SO to 90 days. (Id., S 2293.) Persons manufacturing without permit shall be so pun- ished ; but making wine or cider from grapes or apples grown by the maker for his own use, or the sale of wine for communion purposes, is excepted from the prohibition. (Id., fcj 2294.) A druggist not keeping the required record, or refusing permission to examine it, or failing to sign or make returns of affidavits, or selling as a beverage or when liquor is not a remedy for the ailment described, or selling to any minor or intoxicated person or habitual drunkard, or allowing liquor to be drunk on the premises, shall be fined $100 to $500 and imprisoned 30 to 90 days, forfeit his permit and be disqualified to obtain another for five years. (Laws, 1S87, c. 165, S 3.) All liquors mentioned in § 2287, C. L., and all other liquors or mixtures thereof, by what- ever name called, that will produce intoxication, will be held intoxicating liquors. (C. L., 1885, § 2296.) A permit to sell shall continue one year and a permit to manufacture five years unless sooner forfeited ; but the Probate Judge may require the renewal of a manufacturer's bond at the end of any year on 30 days' notice, upon pain of forfeiture. (Id., §2297.) It is the duty of all Sheriffs, Constables, Marshals, Police Judges and police officers hav- ing knowledge of violations of this law 1o no- tify the County Attorney and furnish him the names of witnesses. If any such officer fail to do so. he shall be fined $100 to $500 and forfeit his office, and such officer maybe removed there- for by civil action. (Id., § 2298 ; amended, 1887, c. 165, § 9. ) Places where liquors are manufactured or sold unlawfully, or where persons are permit- ted to resort for drinking liquor as a beverage, are declared nuisances; and upon judgment thereof the Sheriff, or any Constable or Mar- shal, shall be directed to abate such places by taking possession and publicly destroying liquors found and all property used in keeping such nuisance, and the keeper thereof sLdil be fined *100 to 8-500 and imprisoned £0 to 90 days. The County Attorney or any citizen may main- tain action for such abatement. The "injunc- tion shall be granted at ti.e commencement of the action without' bond. Persons violating the injunction shall be punished for contempt by $100 to $500 fine and imprisonment SO days to six months. (Laws, 1887, c. 165, £ 4. ) Every person causing the intoxication of another by sales to him of liquor shall be li- able to any one for the charge of such-intoxicat- ed person and $6 per day besides. (C. L., 1885, § 2300.) Every wife, child, parent, guardian, employer or other person who may be injured in person, property or means of support by the Legislation.] 301 [Legislation. intoxication of any person has right of action for actual as well as exemplary damages against the person or persons causing such in- toxication. (Id., § 230J.) Every person, by himself or by associating ■with others, keeping a club-room or place where liquor is received and kept for sale, distribution or division among the members, shall be pun- ished by fine of $100 to $500 and imprisonment 30 days to six months. (Id., § 2302.) Giving away liquor, or any shifts or devices to evade the provisions of the law shall be deemed un- lawful selling. (Id.. 2303.) All fines and costs for any violation of this law shall be a lien upon the real estate of the defendant and upon the building or premises where unlawful sales are knowingly permitted by the owner. (Id., § 2304.) Upon application to the Probate Judge to sell or manufacture, the Judge shall notify the County Attorney, who shall advise with him. No person who shall inform under this act shall be liable for costs unless the prosecution is malicious or without probable cause. (Id., §2305.) In prosecutions under this law it is not necessary to state the kind of liquor sold or the place where sold, except in nuisance cases and those in which lien is sought against the premi- ses ; nor is it necessary to state the name of the person to whom sold, and it is not necessary to prove in the first instance that the defendant did not have a permit. The persons to whom liquor is sold are competent witnesses, and so are the meTib3i's of a club. No person is excused from testifying on the ground that he will be incrim- inated, but his testimony shall n ot be used against him (Id., §2306.) All Courts shall charge the Grand Juries especially with this law. (Id., § 2307.) If the County Attorney is notified by any person or officer of any violation of this law, he is authorized to subpoena any person he be- lieves to have knowledge thereof to appear be- fore him to testify ; and if such testimony dis- close a violation the County Attorney shall file a complaint against the person and in the war- rant direct the officer to seize liquors which are particularly in such person's possession, and such liquora shall be destroyed or returned to the per- son according to the result of the case. (Id., § 2310.) If any testimony before the County At- torney as above provided for discloses the sale of liquor by an unknown person, said Attorney upon complaint filed shall issue warrant to search the premises as particularly described and seize all liquors therein and arrest the keep- ers thereof, who if found guilty shall be fined $100 to ¥500 and be imprisoned 30 to 90 days, and the property shall be seized and destroyed. The County Attorney shall receive 20 per cent. of all sums so collected (Id., § 2312.) The County Attorney shall diligently prose- cute violations of this law, and the bonds given thereunder, and if he fail to do so is guilty of a misdemeanor and shall be fined $100 to $ 500 and imprisoned 10 to 90 days and forfeit his office. "Whenever the County Attorney is unable or ne- glects to so prosecute, the Attorney-General shall do to in his stead. (Laws, 1887, c. 165, §5.) Any person receiving an order for liquors from any person in this State, or contracting with any such person for the sale thereof, ex- cept such person is authorized to sell under this law, shall be punished for selling liquors. (C. L., 1885, §3314.) Whenever any relative of any person notifies any druggist that such person uses liquor as a beverage and shall forbid sales to him, druggists so selling to him shall be fined $100 to $500 and imprisoned 30 days to six months, lid ,s3315. ) Treating or giving liquor to any minor by any person but the parent or guardian or physician of such minor, shall be punished as last above. (Id., § 2316.) Common carriers knowingly carrying or de- livering liquor to or for any person, to be used unlawfully, shall be fined $100 to $500 and im- prisoned 30 to 60 days. Any citizen may employ an attorney to assist the County Attorney to perform his duties as associate-counsel. (Id., §2318.) County Clerks or Probate Judges neglecting or refusing to perform their duties under this law shall be fined $500 to $1,000 and forfeit their offices. (Laws, 1887, c. 165, § 7.) Drunkenness in any public place, or in one's own house disturbing his family or others, is fined not over $25, or punished by imprisonment not exceeding 30 days, or both. (C. L., 1885, §2223.) In any election hereafter held in any city of the first, second or third class, for the election of city or school officers or for the purpose of au- thorizing the issuance of any bonds for school purposes, the right of any citizen to vote shall not be denied or abridged on account of sex ; and women may vote at such elections thesimc as men, under like restrictions and qualifica- tions, and any woman possessing the qualifica- tions of a voter under this act shall be eligible to any such city or school office. (G. S., 1889, § 1084 ; passed 1887, Laws. c. 230.) The Governor shall by the advice and con- sent of the Senate appoint a Board of Police Commissoners of three members in any city of the first class, provided he may refrain from making such appointment if not nece-sary for the good government of the city, in each case. (G. S , 1889, § 733, § 1 ; passed 1887, c. 100, S 1.) These Commissioners shall appoint a Police Judge and a Marshal who shall be Chief of Police, and as many policemen as necessary (not exceeding one for every 1,500 inhabitants i. Thsy may appoint special policemen to serve at any designated time or place at the expense of the persons applying therefor. (Id.. §§ 734-5.) Neither the Mayor nor Council shall have any government of such police force. I Id. , § 739. ) The Attorney General of the State or the Assistant At- torney-General of each county may upon petition of 50 householders, or shall upon direction of the Executive Council, prosecute an action in quo warranto against the Mayor and Councilman of any city of the second class which by means of license pretends to authorize, or by simulated fines or forfeiture attempts to foster and en- courage the illegal manufacture and sale of in- toxicating liquors, or shields offenders against the laws of the State relating thereto, or habitual- ly neglects to require the police officers to per- form their duties under such laws. (Id., §743.) Legislation.] 302 [Legislation. In case of ouster of the Mayor in such suit, the Governor shall appoint Police Commissioners as in case of cities of the first class. (Id.. § 745. ) There is a law requiring scientific temperance instruction in the public schools. (G. S., 1889, § 5669 ; passed in 1885, c. 169.) An Amendment to the Constitution may he proposed by vote of two-thirds of each House, at one session ; popular vote to be taken at the next general election of Representatives, three months' notice to be given. A majority carries it. Kentucky. Earliest Provisions. - In 1793 the existing Vir- ginia acts were repealed. Licenses were to be given by the County Courts to persons not of bad character, upon their giving bond in £100 to provide tavern accommodations for travelers, not to suffer unlawful gaming, or suffer any person to tipple or drink more than necessary, or allow disorder. Selling without license was fined £3, and on second offense the liquor was confiscated besides. Producers of liquor might retail not less than a quart not to be drunk on the premises. (Littel's Stats , vol. 1, p 194.) In 1819 it was provided that County Courts were not to grant licenses unless a majority of the Justices of the Peace of the county were present and the applicants showed that they had tavern accommodations. Persons making tavern- keeping a mere pretense to sell liquor were li- able to $200 fine (half to the informer). (Laws, 1819, c. 467. ) In 1823 it was provided that cider and beer might be retailed without license. (Laws, 1823, c. 639.) A license tax of $10 was required in 1831. (Laws, c. 595.) By the Laws of 1833, c. 511, tavern-keepers had to take oath not to sell to slaves except by permission of their masters, and persons of color were not to be licensed. In 1845 (Laws, c. 417. g§ 1, 2, 3 and 4), it was made unlawful for any free negro or mulatto to manufacture or sell any spirituous liquors, upon penalty of $50 to $300 and com- mittal until paid. In 1848 (Laws, c. 654), licenses to retail spirituous liquors were taxed $10 for the county, and persons licensed by any town or city were not to sell until such tax was paid. In 1849 selling or giving liquor to slaves was fined $50, with forfeiture of license, if any. (Laws, 1849, c. 444.) 'Legislation Since 1850.— By the Revenue act of 1850 (Laws, c. 14 1, license to retail liquor was kept at $10 and a merchant's license to sell liquor at $5 And c. 490 of the same laws pro- hibited adulteration of liquor and provided for analysis of suspected liquors and fine of not more than $500 or less than 20 cents per gallon for knowingly buying or selling adulterated liquor, and Inspectors were to condemn the liquor. The privilege of selling spirituous liquor was declared not to be implied in any tavern, coffee-house or restaurant license, but to be taxed for the State extra at $10 to $25 in the discretion of the licensing authority. Mer- chants', druggists' and other licenses to sell not less than one quart were to be granted by County Courts at $5 to 815, but no druggist selling ex- clusively for medical purposes needed a license. (Laws, 1851, c. 116.) On p. 41 of the same ses- sions' laws, taverns were regulated as having liquor-selling rights, and their suppression for being dsorderly and unlawfully selling liquor, as well as for not providing sufficient accommo- dations to travelers, was provided for. Dis- tillers were allowed licenses as merchants. Keeping a tippling-bouse without license was fined $60 ; and retailing without license within a mile of a place of worship was fined fsaO. Selling to a minor without consent of his parent was prohibited in 1859. (Laws, c. 1133.) This provision was amended in 1869 (Laws, c. 232) to include lager beer in Louisville. By the Laws of 1865-6. c. 886. all licenses to sell liquor granted by special act were repealed, and at this session began the series of local acts prohibiting licensing, prohibiting selling and providing Local Option in special localities having schools and churches, and also granting Prohibition or Local ( iption in districts, towns and counties. These acts soon became very numerous each session, and culminated in a Gen- eral Local Option law in 1874, though the num- ber of special acts passed by the Legislature for localities did not decrease, and such special acts are still passed at each session. There are no other features of the progress of legislation to justify tracing the sequence of en- actments. The Law as Lt Existed in 1889.— Licenses to sell at retail spirituous, vinous or malt liquors shall be granted by the County Court ; but no such license shall be granted until 10 days' notice has been had by posting in five places, or if a majority of the legal voters of the neighbor- hood protest against the same. The Court shall determine what is the neighborhood in each case. (G. S , 1887, p. 1047, g 1.) The tax on licenses shall be to retail spirit- uous and vinous liquoralone, $100 ; malt liquor alone, $50 ; all three, $150. (Id., § 2.) Selling any liquors without a license is fined $20 to $100. (Laws, 1887-8, p. 70.) Persons selling in packages of less than five gallons shall be considered as retail dealers. (G. S., 1887, p. 1048, §3.) The license shall specify the place of busi- ness, and none but the person named can sell under the same, nor shall it be done at any other place. It is valid for one year only and is not assignable, nor shall the Clerk give copies or duplicates thereof. (Id., p. 1049, § 9.) A license granted by a city or town having authority shall be void unless the State license be obtain- ed and the Stale tax paid. (Id., §10.) It shall be unlawful for any druggist in any place where the sale of spirituous, vincus or malt liquor is prohibited by law, to sell any such liquor or any nostrum containing alcohol which may be used as a beverage, unless he obtain a license to do business as a druggist in such place from the County Court. (G.~S.,1887, p. 502, § 1. ) Any person desirous cf such a license shall give 10 days' notice of application Ihere- for, to be posted and to be given the County At- torney. (Id., § 2.) The County Court may upon proof of the required notices and that the applicant is of good character and in good faith a dealer in drugs and medicines, grant a license to sell liquors under this act, provided he give bond not to violate the liquor laws. (Id., § 3.) Any dr.:ggist selling any liquor in any place Legislation.] 303 [Legislation. ■where retailing is prohibited without obtaining this license, or while his license is suspended, is fined $50 to S100 or imprisoned 10 to 30 days, or both. (Id., §4.) No person so licensed un- der this act shall sell any liquor except upon the regular prescription of a regular practicing physician, which prescription shall be pasted in a book and preserved by the druggist, and such prescription shall authorize but one sale and no morj than a quart (Id., § 5.) Those violaiiag the last section are liable to tine of £50 to jlOO. (Id., Sj 6.) And upon such judgment the license shall be forfeited. And any surety on the bond of a licensee may be released upon application, and the license be suspended until a new bond is given. (Id., § 7.) Any physician giving such a prescription not in good' faith, upon a proper examination, and believing the person to be sick and in need of such liquor as a med- icine, shall be fined $50 to $"200. (Id., § 8.) Any person charged on affidavit with a viola- tion, upon examination by a magistrate, shall be held to bail or committed to answer, i Id , § 9.) It is the duty of the County Attorney to resist the improper granting of licenses under this act. (Id., §10.) A rejected applicant for such a license has an appeal to the Circuit Court, where tin application shall be heard de novo. (G. 8., 1887, pp. 504-5.) Tavern licensees must give bonds not to suffer any person to tipple or drink more than is ne- cessary in their houses. (G. S., 1887, p. 1231, §4.) The County Court may suppress tavern licenses for violations of the bond until the next County Court session, when if the tavern- keeper is guilty he will be disqualified to keep a tavern thereafter; if not, he will be restored to his right. (Id.. § 5.) Any tavern-keeper who sells liquor while his license is so suppre-sed or suspended, or until the order for the same i? re- versed, is guilty of keeping a tippling-house. (G S., 1887, p. 1232, §9.) The County Court shall every year fix the prices to be paid in taverns for wines, liquors, lodging, diet, etc.; penalty, $30 fine. (Id., § 11.) Every tavern-keeper must keep such scale of prices posted up in his public room under penal- ty of $75. (Id, 8 12.) The Clerk of the county shall make out a list of licensed taverns and vendors of spirit- uous liquors in his county and deliver it to the Circuit Court to be laid before the Grand Jury on the first day of every term, under penalty of $20. (Id , ?5 13.) A merchant may sell at his storehouse, to be taken off and drunk elsewhere, any liquor not less than a quart, on obtaining of the County Court a license. (G. 8., 1887. p. 1233, {5 1.) License will be so granted upon satisfactory evi- dence that the applicant is in good faith a mer- chant and his business is that of retailing mer- chandise, and that he has not assumed it with the object of obtaining a license to sell liquors. (Id., §2.) Distillers have the privilege of sell- ing at their residences any spirits of their own manufacture, not less than a quart, not to be drunk on the premises. (G. 8., 1887, p. 1234, The privilege to sell liquors shall not be im- plied in any license to keep a tavern or coffee- house. boarding-house, restaurant or other place of entertainment, unless Ihj licensing au- thority deem it expedient and specify the priv- ilege in such license. (Id., pp 1234-5.) On trial for suffering a person to tipple or diink more than is necessary in a tavern or coffee- house, the intoxicatio.1 of any habitue of such place shall be prima facie evidence. (Id., p. 1235, § 2.) It shall be deemed a breach of the bond of any licensed retailer if he sell or give liquor to an intoxicated person. (Id., § 3.) Any licensee shall be fined £23 for selling to any known inebriate And any relative or the inebriate may recover a like amount for his own benefit if notice has by such relative been previously given forbidding such sales. (Id., p. 1235.) Upon written petition of at least 20 legal voters in any civil district, town or city in his county, the County Judge shall make an order directing the Sheriff or other officer to open a poll in such place at the next regular State, town, city or county election held therein, to take the sense of the voters whether or not liquors shall be sold therein. (G. 8., 1887, p. 470, § 1.) Such officer shall give notice of such election two weeks in a newspaper and by post- ing hand-bills 20 days before the election. (Id., § 3.) At the poll the question shall be pro- pounded, "Are you in favor of the sale of spirituous, vinous or malt liquors in this dis- trict, town or city ? " (Id., § 4. ) If a majority is against selling, that fact shall be certified to the Clerk, who at the next term shall have the same spread upon the order-book. (Id., § 5.) After such entry any person selling liquor in that district shall be fined 825 to $100. 'Id., § 6.) This act shall not apply to any manufac- turer or wholesale dealer, or to druggists selling on physicians' prescriptions. But physicians must not give such prescriptions except for medicine for a person actually sick. (Id., § 7. ) The County Judge shall not make an order for such an election until the signers of the petition have deposited with him sufficient money to pay advertising expenses and legal fees, (id., tj 8.) f'uch an election shall not be held oftener than once in two years. (Id., § 9.) Persons knowingly selling or preparing for sale any wine or liquor containing any adul- teration shall be fined not more than $500 for each offense or less than $20 for each gallon so adulterated. (G. S., 1887, p. 787, § 8 ) When an Inspector suspects liquor to be adulterated he shall procure its analysis by a skilful chemist at the cost of the owner, and if it contains any- thing impure or other than the extract of grain or substance from which it ought to be made, he shall mark the cask -'condemned for im- purity." (G. S., 1887, p. 787, S 1.) In prosecu- tions against wholesale dealers under this sec- tion the fact of rectifying the liquor shall be primafacie evidence of any adulteration on the part of the dealer. (Id., p. 788, § 2.) A tavern-keeper indicted for breach of his obligation, on conviction shall have judgment rendered against him, and such of his sureties as have notice, for $300. (G. S.. 1887, p 459, S 1.) Any tavern-keeper receiving a greater price than tavern rates fixed shall be fined #5. (Id., 3 2. ) Any person (unless licensed) selling liquor Legislation.] 304 [Legislation. to be drank on the premises, shall b3 guilty of keeping a tippling-house and fined $60. (Id., g 3.) For keeping a tippling house three months he shall be liable in $-00. (Id., p. 460, § 4.) Twice selling in the same house shall be evi dence of keeping a tippling-house. (Id., £ 5.) Any person retailing without authority shall be fined $20. (Id., § 6.) No person shall vend or buy liquor within a mile of any place of public worship during service, except in au- thorized houses, upon pain of $10 fine. (Id., §7.) It is unlawful to sell within one mile of any lock or dam where the general Government is improving a stream, under psnalty of $50 to $100. This does not apply to incorporated places or to Henry, Anderson and McLean Counties. (G. S., 1887, p. 461.) Any person selling to an '• infant" under 21 years of age, without special direction of the father or guardian, shall be, fined $50, but if to a person over 18 years, the seller shall not be deemed g.iilty if he had reason to believe him 21. (Id., § 9.) Selling on Sunday, or keeping a bar or store for the sale of liquor on Sunday, is unlawful and subject to a fine of $2 to $50, and the third offense forfeits license. (G. S.. 1887, pp. 436-7.) No liquors shall be sold in any room where a billiard, pigeon-hole or pool-table is kept, upon penalty of 460. (G. S., 1887, p. 1052, § 21.) Distilled spirits are taxed as other property for State and county purposes. (G. S , 1887, pp. 1092-6.) An Amendment to the Constitution may be obtained only through the action of a Consti- tutional Convention, provision for calling such Convention to be made by vote of a majority of the two Houses during the first 20 days of any regular session, and to be concurred in by a ma- jority vote of the electors at the next general election for Representatives. Louisiana. Early Provisions. — An undated law, at p. 41 of the Laws of Louisiana Territory (St. Louis, 1809). gave the Courts of Quarter Sessions the right to grant licenses ; selling without license was fined $10 per day; $10 to $30 was 1 charged for li- cense, and pales by unlicensed persons were fined $5. But the act of 1805, at the second session of the Legislative Council of the Ter- ritory, gave the County Judge the licensing power. The licensee was to pay a tax of $30 and give a bond in $500 to obey the law. Sell- ing without license was fined $49. The act did not apply to New Orleans. (2 Martin's Dig., p. 429.) An act of 1806 required the applicant for an inn-license to be recommended by two free- holders. No one was to sell or give liquor to a slave without consent of hi3 master, or to any Indian under penalty of $20 and forfeiture of license. Merchan ts or shopkeepers might sell in quantities over two quarts. Selling to United States soldiers without permission of their commandant, and allowing gaming, were fined $^0 (half to the informer). (Id., p. 430.) The act of 1812 punished selling to Indians by fine of $200 (half to the informer), besides making the seller liable for any damages arising from the Indian's intoxication. (Id., p. 438.) Under the Black Code (passed in 1806), selling liquor to a slave without the master's written permission was fined $20 to $100 and rendered the seller liable to the master for any damages suffered. (1 Id., p. 622.) The act of 1822 repealed the license tax, gavs 1 the police juries of parishes power to tai liquor-sellers as they thought proper and gave to the Mayor and Council of incorporated towns full power w regulate them, the tax to be levied not to exceed the State tax, except in New Or- leans. (Dig. Laws, 1828, p. 566.) By the Laws of 1848, No. 95. anyone selling or giving liquor to a slave forfeited his license, disqualified himself ever after to te licensed and was fined $200 to $400, and for the second offense $400 to $800. The owners or superin- tendents of slaves were excepted from this act Selling within two miles of Pleasant Hill Academy was prohibited by Laws of 1850, No. 286 ; but this did not apply to the regular deal- ers of the district. Local Option Law of 1852. — By Laws of 1852, No. 105, the police juries of the parishes, the Selectmen of towns and Mayor and Alder- men of cities were given exclusive power to make such laws and regulations for the sale or prohibition of the sale of liquor as they should deem advisable, and to grantor withhold license for sale thereof as the majority of the voters of any ward, parish, town or city might deter mine by ballot. The State relinquished all right to grant such license but held the right to collect the State tax from such licensed drinking-houses and shops. This was re-enacted with provision that the police juries and munic ipal authorities should adopt rules and regula- tions for the annual elections upon the subject, and that the act should be given in charge to the Grand Juries. (Laws, 1854, No. 221. ) Legislation of 1859-79.— Licensing of free negroes to keep coffee-houses, billiard-tables or retail stores where spirituous liquors were sold, was forbidden. (Laws, 1859, No. 16.) By the Revenue act of 1869 (Laws, No 114, § 3), every person selling wines or liquors by the drink was taxed $1 50, to go to the State By the Election law of 1870 (c. 100 §£ 41-44), drink- ing-saloons within two miles of any polling- place were to be closed, and officers refusing to obey the election officers and close them were, imprisoned three to six months and fined $100 to $500. Peace officers might issue warrant to any police officer or constable to close such places, and such functionary should seize the liquors, and the vessels, tents or booths contair- ing them, and hold them until 24 hours after the election, releasing them on payment of §10 In 1 877 keepers of liquor places were prohi- bited selling liquor to a minor without an order sisned by his father, mother or tutor. (Laws, 1877, c. 116.) Licenses to sell liquor to te drunk on the premises but not otherwise, were required to be obtained of the State Tax Col- lector. Then followed elaborate provisions for the use by each dealer of a barroom register or "Moffatt Register,' to register every drink sold by turning a crank and striking a bell once for each five cents paid by the customer, a tax of one-fourth of one cent being levied on each fiv3 cents of receipts. Every violation of the act Legislation. ] 305 [Legislation. was fined not over $100 (one-third to the in- former), wilh forfeiture of license and disquali- fication to hold one thereafter for one year. (Laws, 1878, No. 26 ) This law was repealed by Laws of 1879, No. 27, which imposed an occupation tax of 885 on sellers by the drink and ¥15 on those selling less than a gallon but not les? than a bottle, not to be drunk on the premises. Tlu Law as It Existed in 1889.— The regula- tion of the sale of alcoholic or spirituous liquors is declared a police regulation, and the General Assembly may enact "laws governing the sale and use. (Const., art. 170.) The Gjneral As- sembly shall by law forbid the giving or selling of intoxicating drinks on the day of election within one mile of pre3incts at any election held within this State. (Const., art. 190.) The General Assembly may levy a license tax, and in such case shall graduate the amount of such tax to be collected from the persons pursuing the several trades, professions, vocations and callings. ... No political corporation shall impose a greater tax than is imposed by the General Assembly for State purposes. (Const., art. 2J6.) The police juries of the several parishes, and the municipal authorities of the towns and cities, shall have exclusive power to make such laws and r 'gulations for the sale or prohibition of the sale of liquor as they may deem ad- visable, and to grant or withold licenses from drinking-houses and shops within the limits of any city ward of a parish or town, as the ma- jority of the voters thereof may determine by ballot ; and the said ballot shall be taken when- ever deemed necessary by the above-named au- thorities, not oftener than once a year. (R. L , 1881, S 1211.) The Slate relinquishes all right to grant licenses in any town, city or parish in which it is not granted by the authorities. "Whenever any licenses maybi granted theState shall have power to collect the tax coming to the State for such licensed drinking-houses or shops. (Id., §1212.) It shall be the duty of the Judges of the ssveral District Courts of this State, and the Judge of the Criminal Court of the parish of Orleans, to call the attention of the Grand Jury to the laws regulating the sale of liquors, at each jury term. (1:1., g 1213.) It shall be the duty of the police juries of the several parishes and the municipal authorities aforesaid, to adopt such regulations as may be necessary to carry out this act. (Id.. §1214.) Keepers of any disorderly inn, tavern, ale- house, tippling-house, etc., shall be fined or imprisoned, or both, at the discretion of the Court, and forfeit their licenses. (Id., § 908) "Whoever shall keep a grog or tippling-shop, or retail liquors without license, shall be fined $100 to $500. (Id., § 910; amended by Laws of 1886, No. 83, by making defense of sale on pre- scription good only in case of good faith.) Selling to minors is prohibited as in Laws of 1877, c. 116, cited above. By the Revenue law of 1886 (Laws, No. 101, p. 181). licenses to retail liquor were placed at from §50 for those doing a business of less than $2,000 annually to $750 for those receiving over $50,000 annually, in nine classes. Distilling, rectifying and brewing are taxed from $15 to $3,500 in 20 classes according to annual re- ceipts, lid., p. 176.) The same act, from p. 184 on, provides ways of enforcing and collecting licenses which are purely revenue rules rather than liquor or restrictive regulations. There is a law requiring scientific temper- ance instruction in the public schools. (Laws, 1888, No. 40 ) Lotteries. — Louisiana at this time (1890) en- joys the distinction of being the only State that sanctions lotteries. The Constitution (art. 167) provides that the General Assembly has author- ity to grant lottery charters or privileges, lor not less than $40,000, to be paid annually into the State Treasury. All such charters shall cease Jan. 1, 1895. from which time all lotteries are prohibited. The charter of the Louisiana State Lottery Company is recognized as a con- tract binding upon the State until that period, 1 except its monopoly clause, which is abrogated. At the legislative session of 1890, an act was passed submitting a proposed Constitutional Amendment for re-chartering the Lottery Company. An Amendment to the Constitution may be proposed by vote of two-thirds of all the mem- bers of the two Houses, at one session ; popular vote to be taken at the next general election for Representatives, three months' notice to be given. A majority carries it. Maine. Early Provisions. — Chapter 133 of the Public Laws of 1821 was the first license act. It pro- vided that no one should presume to be a com- mon victualler, innholder, or seller of wine, beer, ale, cider, brandy, rum or any strong liq- uors by retail, or in a less quantity than 28 gallons delivered at one time, except he was duly licensed, on pain of forfeiting $50 ; and if any person sold spirituous liquors or mixed liq- uors any part of which was spirituous, with- out license, he should forfeit $10. (P. L., 1821. c. 133, tj 1.) The Selectmen, Treasurer and Clerk of each town were to meet on the second Monday in September, after posting notice thereof seven days, to license any persons of sober life and conversation qualified for th3 em- ployment. Each person so licensed was to pay. for the use of the town, $6. and 25 cents to the Clerk. And at any other time license might be granted on payment of $1. and 50 cents per month thereafter. (Id, §2.) No such license was to allow billiards or gaming, on penalty of $10, the person playing forfeiting $5. (Id.,§ 4.) Nor was he to suffer revelling or disorderly conduct, on penalty of $5, the reveller to pay $2 And no retailer was allowed to suffer any one to drink to excess upon his premises, or suffer minors or s rvants to sit drinking there, without permission of parents, guardians or masters respectively, on penalty of $5. (Id., § 5. ) The Selectmen were to post up, in all liq- uor-places, the names of all persons reputed to be common drunkards, tipplers or gamesters, after which such persons could not be sold drink on penalty of $5. (Id, $ 6.) Liquor- sellers were not to entertain any persons, lodgers excepted, drinking or spending their time Saturday or Sunday evenings, on penalty of ;3, Legislation.] 306 [Legislation. (Id., c 9, § 5.) The act of 1824, c. 278, forbade licensed persons to sell in more than one place; and if any licensed person violated the law his license could not be renewed for two years. The Laws of 1829, c. 423, prohibited sales to soldiers of the United States' Army, without permission of the commandant, if such com- manding- officer posted in the office of the Town Clerk a list of those belonging to his corps. Rudimentary Local Option (1829). — Chapter 436 of the same year separated licenses to victual- ed and innholders from those to retailers of liquors, prohibiting the former classes of li- censees to sell liquors to be drunk on the premises. And licenses to retail liquor to be drunk on the premises were only allowed after a vote at annual town meeting in favor of grant- ing such licenses. This act provided that the Licensing Board might revoke licenses for violations of the law. Chapter 482 of the Laws of 1830 simply con- solidated the former licensing sections and re- duce! the licenses of those not selling liquors to $3. It, however, added a penalty of $10 for selling to Indians, unless under direction of a physician. It was provided that those aggrieved by any refusal to grant license or by any revo- cation of license, might appeal to the County Commissioners, who might grant the person a license in case of the improper withholding or revoking of license. (Laws, 1833, c. 77.) Annual License Fee, $1 (1834). — The act of 1834 ( Laws, c. 141), repealed all former acts and provided that license should be granted for $1, but exacted a bond in §300, the penalty of which was forfeited for disobeying the law. The special prohibitions and penalties were the same as in the first act in 1821. Chapter 84 of laws of 1844 gave the Selectmen of towns power to license inns and common victuallers, restricting and prohibiting them frbm selling wine or any strong liquors by re- tail or in less quantity than 28 gallons at a time. The Prohibitory Laic of 1846. — By c. 205, Laws of 1846 (Aug. 7, 1846), the Selectmen at an an- nual meeting (of which seven days' notice had been given) might license one person in every town of less than 1.000 inhabitants, two in any having over 1,000, and three to five in any hav- ing over 3 000, to be sellers of wines and strong liquors for medical and mechanical purposes only. All other selling was prohibited. The p nalty for selling in violation of these 1 revisions was $1 to $20. On conviction for a recond offense the offender was fined $5 to *20 and was to give bond in $50 not to violate the act for six months. And on breach of such bind license was to bs revoked. Provisions denying right of action on obligations to pay for liquor sold in violation of the law. and for recovering payments made for such liquor, were added. In 1848, by Laws, c. 67, the above-mentioned law was amended by adding the word '■ intoxi- cating " so as to provide for the prohibition of wine or spirituous or intoxicating liquors. Selling liquor within two miles of cattle- shows was prohibited to those not licensed by Laws of 1849, No. 147. Being a common seller of liquor without li- cense was punished by forfeiture of $20 to $300 or by imprisonment 80 days to six months. (Laws, 1850, c 202. j The Maine Law of 1851.— The Prohibitory law which was the type and example of such laws passed since and called ''Maine laws" wherever adopted, was passed June 2. 1851, as c. 211 of the laws of that year. It prohibited any one to manufacture or sell any intoxicating liquors, except as thereinafter provided. It empowered towns and cities to appoint agents for the sale of liquor for medicinal and mechani- cal purposes only. It punished selling in viola- tion of the act, for the first conviction $10, second $20. third $20, with imprisonment three to six months. Clerks and agents were made equally guilty with principals. If any one of the Selectmen or Mayor and Aldermen indorsed his approval of the writ, the defendant was to recover costs. It was made the duty of these officers to prosecute violations of the law on he ing informed of them. If the defendant prosecuted an appeal he was to give bond not to violate any of the provi- sions of the act pending the appeal, and in the event of final conviction the defendant was to suffer double the punishment first awarded against him. This last paragraph was declared unconstitu- tional for increasing the penalty on account of taking out an appeal (State v. Gurney, 37 Me., 156), and for requiring a bond before appeal was allowed. (Saev v. Wentworth, 17 Me., 165.) The municipal authorities were to revoke the appointment of A gent upon complaint and hear- ing thereupon, and prosecute his bond. Manu- facturing and being a common seller without such appointment were punished in$lC0 for the first conviction. $200 for the second, and $200 with four months' imprisonment for third. Persons engaged in the unlawful traffic in in- toxicating liquors were declared incompetent ,. to sit upon any jury in any case under the act. Search warrants, seizure and destruction of liquor were authorized upon complaint of three inhabitants. And liquor was again made void consideration for any promise to pay or pay- ment made. Definition of the Term "Maine Law." — A "Maine Law," then, is one prohibiting the manufacture and sale of intoxicating liqucr ex- cept by specially appointed or permitted agents who may sell for excepted purposes only, with provision for search, seizure and forfeiture of liquors kept for illegal sale. Nuisance and civil damage clauses were seldom inserted in such laws until they ceased being called Maine laws and were simply called Prohibitory liquor laws. Bolh of such last-named provisions may he found in stringent license laws, as well as search and seizure clauses. By c. 48, Laws of 1853, the search, seizure and forfeiture provisions of the law were greatly elaborated and provisions to meet cases of de- stroying liquors to prevent seizure were includ- ed. Liquors used by any chemist, artist or man- ufacturer in his trade and the manufacture of cider aDd the sale thereof by the manufacturer, were exempted from the provisions of the law. Agents were prohibited selling to miners with- out order of parent, and to intempi rate persons. Adulteration was prohibited and becoming Legislation] 307 [Legislation. intoxicated -was punished by 30 days' imprison- ment, which might be remitted whenever the Judge was satisfied the objects of the law and the good of the public would be advanced there- by- The penalties were made $20 for first convic- tion, *20 and 30 days' imprisonment for second. $20 and 60 days for third, and $20 and four months for fourth and subsequent ones. The law was entirely re-enacted in a very elaborate shap.? in 1855 (Laws, c. 136). Every- thing was wrought out in detail, especially in the search, seizure and forfeiture clauses. Ex- ceptions in irregular and additional cases that had arisen or misht arise in practice were sought to be provided for within the very words of the law. Not all of this elaboration has b2en pre- served, for the law has been re-enacted and re- vised since. In the same year (1855) penalties were again increased, selling unlawfully being punished by fine of s20 and imprisonment 30 days for the first conviction up to $200 and six months for fourth and subsequent convictions. The first offense of unlawfully manufacturing carried $200 fine with six months' imprisonment. Common carriers and druggists were closely regulated by this act. The Repeal of 1856. — All this legislation was swept away by Laws of 1856, c. 255, which was a license law allowing innkeepers to sell as such to guests and lodgers provided no bar were maintained, authorizing one or two persons to be licensed in each town and for each 3 000 in- habitants, not to sell to be drunk on the prem- ises, and prohibiting keeping drinking-houses or tippling sbops. The penalties were not ex- ceeding $20 for the first conviction of selling to not exceeding 8100 for the third, with alter- native imprisonment not exceeding six months. In 1858 the question was submitted to the people whether they would have the '■ License law of 1856 or the Prohibition law of 1858." They voted for the Prohibition law. The sub- mission was made by c. 50 of the Laws of 1858. Ths law chosen was c. 33, which was com- paratively short and moderate. It carried a pen- alty of only $10 for the first conviction of un- lawful selling, rising to $20 and imprisonment three months for the third. An act of the same year (c. 54) declared houses for the illegal sale of liquor common nuisances, punished the keeper by a fine of not over $1,000 or imprison- ment not over one year, and mads his lease void, if a tenant; and the owner was subjected to the above penalty if he knowingly permitted his tenant's nuisance. A State Commissioner to furnish liquor to Town Agents who were prohibited buying else- where, was established by Lavs of 1862, c. 130. By the Laws of 1867, c. 133, the question was submitted to the vote of the people whether chapter 131 of that year, making an addition to the penalty formerly provided of 30 days' im- prisonment on the first conviction and 60 days on second, and imprisonment corresponding to every other penalty which was without them, should be permitted to stand. Civil damages were awarded by Laws of 1872, c. 63. The Laws of 1873, c. 150, repealed that part of the Laws of 1872 (c. 63) which added wine and cider to the list of intoxicating liquors, and which prohibited selling cider and domestic wines by any but the manufacturer. The Constitutional Amendment — The resolves of 1883 (c. 93) submitted a Prohibitory Amend- ment which was adopted in 1884. The Law as It Existed in 1889. — The manu- facture and sale of intoxicating liquors not in- cluding cider, and the sale and keeping for sale of intoxicating liquors, are and shall be forever prohibited. Except, however, that the sale and keeping for sale of such liquors for medicinal and mechanical purposes and the arts, and the sale and keeping of cider, may be permitted under such rules as the Legislature may provide. (Const, in force Jan 1, 1885.) Innholders and victuallers (who are not al- lowed to sell liquors) give bond among other things not to violate the L.ws relating thereto. (R. S., 1883, c. 27, § 2.) They are also prohibited suffering any revelling or disorderly conduct in their houses or any drunkenness or excess therein. (Id., §12.) The Governor and Council shall appoint a Commissioner to furnish municipal officers in this State and duly authorized agents of other States, with pure intoxicating liquors to be kept and sold for medicinal, mechanical and manu- facturing purposes. He shall so sell no liquors until tested by a, competent assayer and found pure. He shall sell at not over 6 per cent, above cost. I Id., § 15; amended by Laws of 1887, c. 140, § 1. ) Municipal officers shall buy liquors of such Commissioner or of other such officers who have bought of him only. (R. S., 1887, c. 27, § 16.) If such officers buy of any olher persons, or offer for sale liquors that have been forfeited or adulterated, or sell adulterated liquor, they are fined $20 to 8100. (Id , § 17.) Said Com- missioner shall keep a record of the names of the towns to which liquors are sold and of the persons buying therefor, the kind, quantity and price of liquor, and make annual report to the Governor. And he shall mail such a statement quarterly to each town that purchases of him. (Id., §18.) Each Town Agentis to keep a record in a book of the liquor purchased by him and of each sale made, which record shall be open for inspection on penalty of $10 to $20. Know- ingly misrepresenting tosuch Agent the purpose for which liquor is wanted is fined $20. (Id., § 19.) The Selectmen of any town and the Mayor and Aldermen of cities may each year buy liquor and appoint an Agent to sell it for medicinal, mechanical and manufacturing purposes only. Such Agent shall have no in- terest in the sale of such liquors, and be paid as the board appointing him provides. (Id., § 21; amended by Laws of 1881, c. 140, § 11.) Such '. Agent shall receive a certificate of his appoint- ment and give bond in $600 to sell for the ex- cepted purposes only and in accordance with law. (R. S. , 1883. c. 27, § 22.) He may not sell to minors without the written direction of parent, master or guardian, to any Indian, soldier, drunkard, intoxicated person, or to any person liable to guardianship knowingly, or to any in- temperate person of whose habits he has been notified by relatives or by the Aldermen, Select- men or Assessors of any municipality. (Id., c. 27, § 23.) Whenever such municipal officers are informed by the relatives of any person of Legislation.] 308 [Legislation. his intemperate habits they shall give notice thereof to all persons authorized to sell liquors in their towns and such adjoining places as ihey deem expedient. (Id.. £24. i Any such Agent selling unlawfully shall be fined S20, and his bond be sued and his authority revoked, and the municipal authorities shall revoke such authority when they are satisfied of a violation. (Id.. § 25.) All liquors owned by municipalities must be conspicuously marked with the name of the town or of the Agent, and if liquors so marked are not so owned, that is conclusive evidence of keeping for illegal sale. (Id., t? 26.) If an Agent is convicted of an illegal sale he is forever disqualified from holding such office. (Id., §27.) Whoever manufactures for sale any intoxi- cating liquor except cider, and whoever sells any such liquor so manufactured by him in this State, except cider, shall be imprisoned two months and fined $1000. (Id., § 28.) This chapter does not apply to the sale of unadulter- ated cider unless the same is sold to be used as a beverage or for tippling purposes. (Id., §29; amended by Laws of 1887, § 2.) Peddlers carrying around or obtaining orders for liquor are fined $20 to $500 (half to the complainant \ and in default of payment they sliall be imprisoned two to six months. (R. S., 1883. c 27, § 30; amended by Laws of 1885, c. 306, g 1.) Railway or express companies transporting liquor from place to place to sell unlawfully, or agerts removing liquors from cars anywhere but at established stations, shall be fined $50. All liquors intended for unlawful sale may be seized while in transit. (R. S., 1883, c 27, § 31 ; amended by Laws of 1887, c. 140, £ 3. ) Municipal and police Judges and trial Justices have concurrent jurisdiction with the Supreme Judicial Courts in offenses under this law. (R. S., 1883, c. 27, § £2 ) No person except as authorized shall sell any intoxicating liquor. Wine, ale, porter, strong beer, lager beer and all other malt liquors and cider, when kept or deposited with intent to sell the same for tippling purposes, or as bev- erages, as well as all distilled spirits, are declared intoxicating within the meaning of the chapter ; but this enumeration shall not permit any other pure or mixed liquors from being con- sidered intoxicating. (R. S., 1883, c 27, §33; amended by Laws of 1887. c. 140, §4.) Whoever sells intoxicating liquor in violation of law shall pay a fine of $50 and be imprisoned 30 days ; < n subsequent convictions he shall be fined $200 and imprisoned six months. Any clerk, servant or agent assisting in violation of law is equally guilty and shall suffer like pen- alties. (R, S., 1883, c 27, § 34; amended by Laws of 1887, c. 140, § 5.) Whoever is a common seller of liquor shall be fined $100 and imprison- ed 30 days, and on every subsequent conviction #200 and four months. (R. S , 1883, c. 27, § 35 ; amended by Laws of 1887, c. 140, § 6.) But persons selling as Town Agents are not common sellers. (R. S.. 1883, c 27, § 35.) No person shall keep a drinking-house or tippling-shop. Whoever sells liquor in any building or boat contrary to law, and if the same is there drank is guilty of keeping a drinking-house or tippling- shop and shall be fined $100 and imprisoned 60 days, and on subsequent convictions $200 and six months. (R S., 181:3. c. 27, §37; amended by Laws of 1887. c. 140, § 7.) No person shall deposit or have in his pos- session liquors with intent to unlawfully sell the same (R. S., 1883, c. 27, § 38.) Liquors so kept or deposited, intended for unlawful sale in the State, are contraband and forfeited to the municipalities where they are when seized. Any officer may seize liquor without a warrant and keep the same safely until he can procure one. (Id., § 39.) If any person competent to be a witness in civil suits makes sworn complaint before a police or municipal Jurlge cr trial Justice that he believes liquor is kept in any place for illegal sale, such magistrate shall issue his warrant to seize 1he liquor and vessels containing it. The name of the person so keeping the liquor, if known, shall be designated in the complaint and warrant. If the officer finds the liquors, or believes that such individual has them con- cealed about his person, he shall arrest h'm and bring him before the magistrate. If the Court is of the opinion that the liquor was so kept, the keeper shall be fined $100 or imprisoned six months. On every subsequent conviction he shall be fined $100 and such imprisonment. The payment of a U. S. special tax as a liquor-seller or notice of any kind in any place of public resort that liquors are there sold, shall be prima facie evidence of common selling (R. S , lc83, c. 27, § 40 ; amended by Laws of 1887, c. 140, § 8.) When liquors are so seized the officer shall immediately file a libel against them and issue notice to all interested, citing them to ap- pear and show cause whv they should not be forfeited. (R. S.. 1883," c. 27, § 41.) If no claimant appears, on proof of such notice they shall be declared forfeited. If any one dees so appear he shall file his claim, and if the magis- trate decides the liquor was not fcr unlaw- ful sale they shall be restored, otherwisedeclared forfeited. (Id., §42.) No warrant shall issue to so search a dwelling-house unless the magis- trate is satisfied by evidence that liquor is kept there in violation of law. (Id., § 43.) All liquors declared forfeited shall be destroy- ed by pouring them upon the ground and breaking the vessels. (Id., § 44.) If complaint is made to any , magistrate against any claimant that the liquor was kept for unlawful sale, said claimant shall be arrest- ed and on conviction fined $50 or imprisoned three months, and on a second conviction both. (Id., §45.) If an officer with a warrant is prevented from seizing liquor by its being destroyed he shall arrest the owner and bring him before the magistrate, and the offender shall be punished as if the liquor had been seized. All appliances for concealing, disguising or destroying liquor shall be seized. (R. S„ 1883, c. 27, § 46; amended by Laws of 18£5, c. 366. § 5.) Any person found intoxicated on any high- way, and any one intoxicated in his own house or in any place and becoming quarrelsome, dis- turbing the peace of the public cr of his own family, may be arrested by any officer until a Legislation.] 309 Legislation. warrant may be made. If found guilty he shall be imprisoned five to 30 days ; for the sec- ond offense, 10 to 90 days. But any portion of such punishment may be remitted if the prison- er gives information where he procured the liquor. (R S., 1883, c. 27, § 48 ; amended by Laws of 1885, c. 366, § 6.) Every wife, child, parent, guardian, husband or other person injured in person, property or means of support or otherwise by any intoxi- cated person by reason of such intoxication, has an action against any one who sold liquor con- tributing to such intoxication The owner of premises upon which such sales were made to his knowledge is jointly and separately liable also. (R. S.1883, c. £7, g 49.) Liquors seized as herein provided shall not be taken from the custody of the officer by writ of replevin while the proceedings are pending. (Id., S 50.) Prosecutions for manufacturing, or keeping drinking-houses and tippling-shops, and for being common sellers, shall be by indictment ; in all others, municipal Courts and trial Justices have concurrent jurisdiction. Such magistrates may examine and hold to bail in the other cases. (Id., §51.) Every magistrate or County Attorney having knowledge of a previous con- viction shall allege the same on penalty of $100. (Id., §52.) In appeals the proceedings shall be the same in the higher as in the lower Court, and shall be conducted by the attorney for the State. No portion of the penalty of any re- cognizance shall be remitted. (Id., § 54.) Custom-house certificates of importation and proofs of marks on packages corresponding thereto shall not be received as evidence that the identical liquors contained in the package were actually imported therein. (Id. ,§55. ) No action shall be maintained on any obliga- tion contracted for liquor sold in violation of this chapter. < Id. , § 56. ) Whenever an unlawful sale is alleged, delivery- is sufficient evidence of sale A partner is li- able for the unlawful selling or keeping of his co-partner. A principal and his agent may be included in the same complaint. The munic- ipal authorities shall cause suit to be commenced hereunder on any bond in which his town or city is interested. Mayor and Aldermen, Selectmen, Assessors and Constables shall make complaint and prosecute hereunder and enforce the law against drinking-houses. If any mu- nicipal officer on notice of a violation of this law, signed by two persons, wilfully neglects to institute proceedings, he shall be fined §20 to $50. (Id, §57.) Persons engaged in unlawful traffic in liquors are not competent to sit on juries in cases here- under. (Id , § 58..) Proceedings under this chapter are not barred within six years, (id. §59.) Sheriffs shall inquire into all violations of this law and institute proceedings therefor or furnish the County Attorney promptly with the names of offer.ders and witnesses. (Id., § 60.) County Attorneys shall cause all such witnesses to be summoned before the Grand Jury, and di- rect inquiries into violations of the law and prosecute offenders. Whenever the Governor is satisfied any County Attorney has wilfully neglected such duty, he shall remove him and appoint another in his place. (Id., §61.) Upon petition of 30 tax-payers in any county that this chapter is not enforced in the county, the Gov- ernor shall appoint two or more constables with powers and duties of Sheriffs for such county. (Id., § 62; amended by Laws of 1885, c. 366, Whoever advertises or gives notice of the sale or keeping of liquors, cr publishes any newspaper in which such notices are given, shall be fined $20 (one-half to the complainant). (Laws, 1885, c. 366, § 8.) It shall be the duty of. the Clerk of Courts, within 30 days after adjournment of any superior or supreme judicial Court, to pub- lish in some newspaper of the county the dis position of each appealed case and indictment under the liquor laws. iLaws, 1887, c. 44.) Supplying liquor to any prisoner, or having liquor in one's possession within any place of- confinement with intent to deliver the same to any person confined therein, unless under di- rection of the physician appointed to attend such prisoner or of the officer in charge, is fined not exceeding $20 or by imprisonment not exceed- ing 30 days. (Laws, 1889, c. 157.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1885, c. 267. ) An Amendment to the Constitution may be proposed by vote of two-thirds of all the mem- bers of the two Houses, at one session ; popular vote to be taken at the next general election for Representatives. A majority carries it. Maryland. Colonial Provisions. — In 1642 it. was provided that drunkenness should be fined 100 lbs. of tobacco, or if the offender was a servant and not able to pay, he was imprisoned or set in the bilbos, being compelled to fast for 24 hours. (Acts Assembly, vol. 1, p. 159.) By the Laws of 1658 (Id., p 375), drunkenness was punished by confinement in the stocks six hours, or fine of 100 lbs. of tobacco (half to the informer); for the second offense, by public whipping or fine of 300 lbs. of tobacco ; for the third the offender was adjudged infamous and dis- franchised three years. The act of 1662 (Id., p. 447) was to encourage honest persons to set up ordinaries, by giving them an easy way to collect their bills. But by that of 1666 (2 Id., p. 149) their charges were complained of and regulated. In 1715 carrying liquor to Indian towns was fined 5,000 lbs. of tobacco, and selling over a gallon of spirits in a day to an Indian was fined 3,000 lbs. (Laws, 1759, p. 34.) A law of 1746 provided that licenses were to be granted by the Justices of each county for 50s; in Annapolis, £5. Disorder was not to be suffered, nor were poor persons to he suffered to tipple or game cr run up bills over 5s. Si lling without license was fined £5 (half to the in- former). (Id., p. 161.) A later act provided that the Justices of each county in Court sitting were empowered to grant licenses to keep ordinaries, to persons of good repute in such and so many places as need- ed them, for the ease and convenience of the Legislation.] no [Legislation. inhabitants, travelers and strangers; license fee, £6. Such ordinaries might be suppressed by the Justices for disorder until the next Court, when it should be determined whether to per- mit continuance. For selling without license, the penalty was 600 lbs. of tobacco. Ordinary- keepers entered into recognizance in 600 lbs. of tobacco to keep good rules and orders, and not allow loose, idkTor disorderly persons to tipple, game or commit any disorder. (Killy's Laws, 1780, c. 24.) Early State Provisions. — Subsequently the penalty for selling without license was placed at £6 (Id., 1784, cc. 7, 37). and appropriated to the University. The recognizance was made £100. Merchants selling over 10 gallons were excepted from the law, and selling on Sunday was fined 40s. Licenses were allowed to be granted in vacation of Court by Laws of 1791, c. 58. By Laws of 1806, c. 31, the Justices of the Peace, upon information of unlicensed sell- ing, were to issue warrant for the arrest of such persons and bind them over in £6 to appear at the next County Court. Constables were to make inquiry to the same purpose. By Laws of 1816, c. 193, £§ 14, 15, the Court was given dis- cretion to grant or refuse licenses, and selling without license in Baltimore was fined $24 (half to the informer). By Laws of 1827, c. 117, licenses to retail liquor were to be issued by the Clerk of each County Court on payment of $12, and in Balti- more $4 additional. But if the Grand Jury signified an opinion that the license ought not to be granted, it could nptbe. By Laws of 1845, c. 140, £ 3, no person was to S3ll spirituous liquors in less quantities than a pint without first obtaining license as an ordi- nary-keeper, under penalty of $50. Beginning of Local Option and Local Prohibi- tion (1846).--The Clerk of Montgomery County was not to issue license to sell liquor within *hree miles of the District of Columbia line, or on or near the roads leading from Georgetown to Brookville, Frederick or Seneca Mills, with- out an order issued by one of the Judges of the Court on his being satisfied from the representa- tions in writing of respectable inhabitants of the neighborhood of the necessity and propriety of granting such license. (Laws, 1846. c. 90.) By c. 283 of Laws of 1854, the Commissioners of the town of East Newmarket were given power to i estrict license. From this time on local acts rrohibiting sales, submitting Prohibition to vote of districts, towns and counties, and all kinds of local license acts multiplied and be- came the leading features of the laws, leaving Ihe general license laws much less developed than in any other State. These local laws, as Ihty at present stand, are re-stated under the alphabetical order of names of localities, includ- ing counties, in the Public Local Laws of 1888. The Law as Lt Mristed in 1889. — When any person intends to sell spirituous or fermented liquors or lager beer in quantities less than a pint he shall apply to the Clerk of the Circuit Courts or of the Common Pleas of Baltimore lor a license therefor. (P Q. L., 1888, p. 9;s0, S 55 [enacted 18581.) Upon such application he shall state on oath the amount of his stock on hand, or if not previously engaged in that busi- ness, the amount he expects to keep. (Id., £ 56.) If that amount does not exceed $500 he shall p;.y $18; if from §500 to $1,000, $35 ; $1,000 to $2,0.00, (50; $2,000 to $4,000, 575; $4,000 to $6,000. $100; $6,000 to $10,000, $120; f,10,000to $20,000. $130; $20,000 to $30,000, $140; more than $30 000. $150. (Id., §§ 57-65.) No such license shall be granted for less than $18 unless the person obtains a license to sell goods, paying a license therefor according to the amount of his stock in trade. (Id. . § 68 ) If any person intends to keip an ordinary and sell liquor by retail, he shall apply to the Clerk lor a license. (Id., p. 932, § 67.) He shall pay according to the rental value of his place $25 to *450. (Id., §£ 69-81. ) If any person intends to keep an oysrer- house, cook-sbop, victualling-house or lager beer-saloon, and retail liquor there, he shall ap- ply to such Clerk and pay $50 for each license. (Id., p. 934, §3 82-83.) Persons selling liquor without license are fined $50 to $100. '(Id- 8 84 ) Persons taking out ordinary licenses without hotel accommodations as required, or any per- sons selling liquor to a minor or to any one to be drunk by a minor, or any person having a license selling to a minor or allowing a minor upon his premises, shall be fined $50 to •■ 200, with suppression of license. (Id., p 9S5 c= 86.) The Clerk shall not without the special order of the Judge grant a license to any person to sell liquor from whom the Grand Jury has recommended a license to be withheld, or to a person whose license has been suppressed by the Court. (Id., p. 936, § 87.) Any person carry- ing on a shad, herring or alewife fishery may obtain a license to sell liquors during the fishing season, of the Clerk, for ?6. (Id., p. 924, g 25.) Licenses may be granted to sell at horse-races for $4. (Id., § 26.) No license to sell liquors shall be issued by any Clerk to a married woman or minor without special order of the Judge. No Judge shall give such special order without the recommendation of at least 10 respectable freeholders of the ward or district. (Id., p. 927, §36.) Section 36, page 926, probably authorizes the licensing of traders in goods to sell liquors by whole-ale in quantities not less than a pint, and they are prohibited to so sell without a license upon penalty of $20 to $100 by Id., p. 935, § 85. In prosecutions for violations of this law re- lating to liquers, one-half of the fine goes to the informer. (Ie\, § 88.) No peddler >hall traffic in spirituous liquors in any manner. (Id , p. 926, g 38.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1886, c. 495.) An Amendment to the Constitution may be proposed by vote of three-fifths of all the mem- bers of the two Houses, at one session ; popular vote to be taken at the next general election for Representatives, three months' notice to be given. A majority carries it. The first general regulation of the liquor traffic was made in an order of the General Court that no person should rell either wine or strong water without leave from the Governoroi Legislation.] 311 [Legislation. Deputy Governor, and that no one, except in the ordinary course of trading, should sell or give liquor to Indians. (1 Records of Mass., p. 106 1 1633].) In 1637 ordinary-keepers were ordered not to sell either sack or strong water. (Id., p. 205.) Beer-selling was regulated, tippling by townspeople in inns was forbidden, andbreweis were required to be licensed. (Id., p. 213 1 1687 1.) In 1638 one person in each of 11 named towns was authorized to retail sack and strong water. (Id., p. 221.) In 1639 retailers of -wine were ordered not to allow it to be drunk in their houses (Id., p. 258), and drinking healths was prohibited, under pain of 12i (Id. , p. 2 71. ) Licenses were to be allowed by the quarter Courts; and suffering tippling or excessive drinking was punished, both the keeper of the house and the drinker being fined from 5s to 10s. (2 Id., p. 100 [1645].) In 1647 it was provided that County Courts were to grant licenses. (Id., p. 188. ) Games were prohibited at licensed places. (Id , p. 195.) Concealing drunken men about licensed premises was fined £5. (Id., p. 257 [1648].) Youths, servants, apprentices and scholars were not to be allowed to spi'nd their time in ordinaries, upon penalty of 40s. (3 Id., p. 212 [1651].) In 1651 allowing tippling and excessive drink- ing was fined 20s, and forfeiture of license for the second offense. (Id., p. 359.) In 1657 selling liquor to Indians was abso- lutely prohibited, under penalty of 40s. (Id., p. 435.) Unlicensed retailing was fined £5. (4 Id., pt. 2 p. 37 1 1661] ) The Selectmen were to post drunkards in public houses and prohibit sales to them, and prohibit their frequenting such places, uoon penalty of 20s and 5s, re- spectively. (Id . p 463 [16701,.) Selling liquor at trainings and other gatherings of the people was prohibited under penalty of £5 (half to the informer). (5 Id., p. 211 [1679]. ) Province Laws, c. 20 il692), was a re-enact- ment of license provisions. Frequent acts were passed after 1700, but they were Excise acts and added no new license restrictions, but only provided for collection of the revenue. The act of 1751 (c. 5, Prov. Laws) included a prohibition to sell to any "negro, Indian or mulatto slave," which was repealed. In 1761 the Justices were allowed to grant a license to a representath e of any deceased licensee. ( Prov. Laws, 1761, c. 14.) Early State Provisions. — In 1787 (Laws, Mass., 1780-1807, vol. 1, p. 374) was passed a longer act than any previous one for the regulation of licensed bouses. It punished selling without license £20. charged £2 to £6 for licenses, pro- vided for a bond in £20 to observe the law, and prohibited giving a credit for drink of over 10s on pain of closing the place. It included most of the former provisions. Persons not in any incorporated town were allowed to be licensed by the Licensing Court of General Sessions. (2 Id., p. 556 [1792].) Those aggrieved by the refusal of the Select- men to approve their applications for license might appeal to the Licensing Court, giving the Selectmen notice. (4 Id., p. 38 [1808].) Con- fectioners and victuallers in Boston were put upon the footing of innkeepers. (Id., p. 680 [1816].) Chapter 136 of the Laws of 1831 made the penalty for common selling *30, for single offenses $10. Licenses were put at $5 or $1 for the " soft " liquors. Chapter 16 J of the Laws of 1832 repealed all former statutes, inc'uded most of the common clauses and imposed pen- alties of $100 for being an unlicensed common seller, *10 to $20 for each offense. The County Commissioner and Mayor and Aldermen of Boston might grant licenses to as many as they decided the public good required. No license fee was required. In 1837 it was enacted that nothing in the last law required the County Commissioners to grant any licenses when in their opinion the public good did not require them. (Laws, 1837, c. 242 ) By Laws of 1838, c. 157, no licensed dealer might sell in les3 quantities than 15 gallons to be carried away all at one time, upon penalty of $10 to $20; but apothecaries and practising physicians might be licensed to retail for medicinal purposes only. The act of 1838 was repealed by Laws of 1840. c. 1. By Laws of 1-44, c. 102, the de- fendant was presumed not licensed. The word " spirituous " in the liquor laws was replaced by " intoxicating" by Laws of 1850, c. 232, § 1. By the same act the County Commissioners, upon the recommendations of municipal author- ities, were authorized to license as many persons as might be desirable for the public good, to sell by retail to be delivered and carried away, for medicinal and mechanical purposes only. (Id., § 2-) The Maine Law of 1852. — A regular Prohibi- tory or Maine law was passed in 1852 (c. 322). It provided for penalties of £10 and the giving a bond in $1,000 not to unlawfully sell within one year for the first conviction ; §20 and same bond for second, and $20 and three to six months' imprisonment for the third. Giving liquor to prisoners was prohibited by Laws of 1854. c. 93. Sheriffs, Constables, Coroners, ex- ecutors, administrators and assignees were ren- dered not liable under the law for their legal sales of liquor at auction only. (Laws, 1854, c. 100. ) Several laws in 1855 regulated various single points of procedure. Chapter 356 pro- hibited adulteration, and c. 470 provided for the appointment of a State Agent in Boston to pur- chase liquor and sell to town and city Agents ; records of purchases and sales to be kept and reports thereof to be made. The act of 1855, c. 215. took the place of that of 1852 very much elaborating it. The penal- ties were changed to §10 fine and imprisonment 20 to 30 days for first conviction, $20 and 30 to 60 days for second aud $50 and three to six months for third. For manufacturing and being a common seller the first conviction was punished by fine of $50 with three to six months in prison. The act in relation to single offenses of drunk- enness was repealed by Laws of 1861, c 133 § 1. Civil damages were provided for by § 4 of that act. The Repeal of 1868 —This Prohibition policy was reversed in 1868. (Laws, c. 141.) Anew act provided for County Commissioners' licenses Legislation.] 312 [Legislation, in four classes : Licenses to sell liquor to be drunk on the premises were put at $100; grocers' and druggists' license (not to be drunk on the premises i at §50. and sixth class brewers' and distillers' license (tor export) at ijilOO. Un- lawful sales were punished by fine not exceed- ing $50J and imprisonment not exceeding six months. Cities and towns were to vote annually on the question of license. This act contained adulteration and civil damage clauses. By § 22 all licensed vendors were required to keep an account of all liquor purchased by therm and sellers of liquor to be drunk on the premises were taxed 2 percent, on such liquors ; brewers and dealers in malt liquor were taxed 30 cents p?r barrel, and other licensed persons were taxed 1 per cent. Prohibitory Law of 1869-75.— By c. 191 of Laws of 1869, all licenses to sell liquor were to have no force after April 30, and by c. 415 of that year the Prohibition law was re-enacted with penalties for unlawful sales beginning with a fine of $10 and imprisonment 20 to 3U days for the first offense. This act provided for license to manufacture for export only, and for a State Assayer. In 1870 the act was amended so as to allow any one to manufacture and sell ale, porter, strong beer and lager beer. (Laws, 1870, c. 389.) By Acts 1871,c. 334, ale, porter and beer were restored to the prohibition of the law, but cities and towns were to note annually on the licens- ing of the sale th?reof. Chapter 42 of the laws of lb73 repealed the provisions for submitting the question of the sale of beer and left its sale prohibited. License Act of 1875. — A license law was adopted in 1875 by c. 99 of the laws of that year. It provided for licenses in classes with a license fee of $100 to $1,000 for retailing liquor to be drunk on the premises. It was a compara- tively short act, and the usual provisions of a strict license law were added by separate laws during the years ensuing, until the law was re- vised in 1882, and subsequently by amendments of the Public Statutes of 1882 and further laws added to the laws then existing. A State Constabulary was constituted in 1871 by c. 394, and it was popularly connected with the l ? quor law and its enforcement, though the purview of the Constabulary act was not con- fined to liquor law enforcement, and indeed the liquor laws were not mentioned in it. This Constabulary act also was repealed in 1875. (C. 15, § 14.) The present Local Option law of Massa- chusetts, providing for annual votes on the license question by cities and towns, was passed in 1881. (Laws, c. 54 ) Submission of C'onstihitional Prohibition. — A Constitutional Amendment prohibiting the manufacture and sale of intoxicating liquor as a beverage was proposed in 1888 (Laws, p. 566). passed by the next Legislature, submitted and defeated by the people in 1889. The Lo.w as It Existed in 1889 —No person shall sell liquor except as authorized, except that nothing herein applies to sales by a person under a law requiring him to sell personal property, or to sales of cider and of native win?s by the makers thereof, not to be drunk on the premises. (P. S., 1882 c. 100, § 1.) Druggists' licenses may be granted. One or mor j annually may be granted. Such licensees may sell on Sunday upon prescription. (Laws, 1887, c. 431 . § 1 . ) Sales by them for medicinal , mechanical or chemical purposes only shall be made only upon the certificate of the purchaser, stating the use for which the liquor is wanted, which certificate must be cancelled at the time of sa!e. (Id., § 2.) A book must be kept of the particulars of each sale, with the purchaser's signature to the entry ; and if on prescription, also the name of the physician must be entered. (Id., § 3.) The said book shall always be open to inspection of officers. (Id.. § 4.) Persons making a false certificate or prescription shall be fined $10, and a druggist violating this law forfeits his license. (Id., § 5 ) Importers into the United States holding and selling in the original package are exempted from the law. (P. S., 1882, c. 100, S 4. ) In cities and towns which at their annual elections vote for license, licenses may be granted by the municipal authorities. The Boards of Aldji men and Selectmen respectively shall insert the question of license in the war- rant for the town or city meeting, and the vote shall be by separate ballot. The City or Town Clerk shall transmit a statement of the vote to the Secretary of State, and also in November a statement of licenses granted and revoked. (Id., §5.) No more licenses than one for every 1,000 of population, or in Boston one for every 500, can be granted. (Laws, 1888, c. 340. ) No license shall be granted within 400 feet of a public school. (Laws, 1882, c. 220.) Full notice of application for license must be made, at the expense of the applicant ; and if license be granted without the required publica- tion, any citizen may make complaint and have it revoked. (P. S., 1882, c. 1C0, g 6.) The owner of any real estate within 25 feet of pro- posed licensed premises may notify the Licens- ing Board in writing of his objection and no license shall be granted, or if granted may be revoked. (P. S., 1882, c. 100, § 7 ; amended by Laws of 1887, c. 323 ) Licenses may be refused to unfit persons, and nothing in the law is to compel the Licensing Boards to grant licenses. (P S., 1882, c. 100, §8.) Each license shall express that it is subject to the following conditions: (1) That the provi- sions in regard to the nature of the license and building shall be strictly adhered to. (2) That no sales shall be made between 11 at night and 6 in the morning (1885, c. 90), or on Sunday, except to guests of an inn. (3i That none but good standard liquor free from adulteration shall be sold. (4) That no sale or delivery shall be made to a known drunkard, or to an intoxi- cated person, or to one known to have been drunk within six months, or to a minor for his own or any other's use, or to one helped by pub- lic charity within a year. (1884, c. 158). (5) That there shall be no disorder, prostitution or illegal gaming on the premises, or on any communicat- ing premises Licenses to sell light wines, cid: r or malt liquors shall be conditioned not to sell spirituous liquors ; those to sell to be drunk Legislation.] 313 [Legislation. on the premises, that no public bar will be kept and that the licensee must be licensed as an inn- keeper or common victualler, and shall specify the room or rooms in which said liquors may be kept by a common victualler. No person licensed as aforesaid and not licensed as an inn- holder shall keep or sell any liquors in any room not specified as aforesaid. (6) That the license shall be posted in a conspicuous position on the premises, where it may be easily read. (7) That the license is forfeited for breach of its conditions, and on conviction thereof in any Court. An added condition of license is that no liquor shall be sold election day (Laws, 1888, c. 262 ; Laws, 1889, c. 361.) And no com- mon victualler may sell on any holiday, nor may innkeepers so sell except to guests. (Laws, 1888, c. 254.) No license, excepta druggist's shall be granted to be exercised in any dwelling-house or store having an interior connection with a dwelling or tenement, and such connection makes u. license void. (Laws, 1888, c 139.) Common victuallers must close betweon mid- night and 5 in the morning. (Laws, 1882. c. 242.) Licenses shall be of the following classes : (1) To sell liquors of any kind, to be drunk on the premises. (2) To sell malt liqusrs, cider andlight wines containing less than 15 percent. of alcohol, to be drunk on the premises. (3) To sell malt liquor and cider, to b e drunk on the premises. (4i To sell liquors of any kind, not to be drunk on the premises. (5) To sell malt liquors, cider and light wines as aforesaid, not to be drunk on the premises. (6) Druggists' licenses as above (P. 8., 1882, c 100, § 10), which shall only be granted to registered pharmacists engaged in business on their own account. (Laws. 1889, c. 270.) The fees for licenses shall be as follows : 1st class, not less than f 1,000 ; 2d or 3d classes, not less than $250 ; 4th class, not less than $300 ; 5th class, not less than $150; 6th class, $1. (P.S., 1882, c. 100, § 11 ; amended by Laws of 1888, c. 341.) The Licensing Board may require that no en- trances to the premises except from the street be allowed, and that no screens or other obstruc- tions to a view of the interior of the premises be maintained, and that no licensee shall expose to view in any window any bottle or cask or vessel containing liquor to so obstruct a view of the business. (P. S., 1882, c. 100, §12 ) No license shall issue until the fee is paid and a bond in $1,000 given, conditioned to pay all costs, damages and fees incurred by viola- tions of law, such bond to be approved by the Town or City Clerk. (P. S.. 1882, c. 100, § 13; amended by .Laws of 1888, c. 283.) The Treasurer of a city or town shall pay to the Treasurer of the State one-fourth of all license moneys received by him within a month. (P. S.,1882, c. 100. §14.) The Mayor and Aldermen of a city, or the Selectmen of a town, or any police officer or constable specially auftiorized by either of them, may enter the premises of any licensee to ascer- tain how he conducts his business and to pre- serve order. And such police officer may at any time take samples for analysis, which shall be sealed in vessels until placed in the analyst's hands. (P. S., 1882, c. 100, § 15 ) The Mayor and Aldermen of a city or Select- men of a town may, after notice and heariuy, revoke a license. This disqualifies a licensee to be again licensed for ayear. (P. S., 1882, c. 100, A conviction under any of these provisions makes the license void. (Laws. 1887, c. 392.) No person shall bring into a town in which licenses (except druggists') are not granted, any liquor to be sold in violation of law. This sec- tion does not apply to transportation through a town to a place bevond. (P. S., 1882, c. 100, Whoever violates any provision of his license or of this chapter shall be punished by fine of $50 to $500 and imprisonment one to tix months, and forfeit his license if licensed. ( P. S., 1882, c. 100, § 18 ; amended by Laws, 1889, c. 114.) When a person holding a license is convicted thus, the Court or magistrate convict- ing him shall send a certificate thereof to the Board which issued the license. (P. S., 1882. c. 100, § 19.) Such Court or magistrate shall also serve a written notice of such conviction on the owner of the building used bv the de- fendant. (Id., §20.) Every husband, wife, child, parent, guardian, employer or other person injured in person, property or means of support by an intoxicated person in consequence of such intoxication, shall have action in damages against those who by selling liquor contributed to or caused such intoxication, and the owner of the building who knowingly permits an unlicensed tenant to so sell. (Id., § 21.) And such owner may recover money so paid, of his tenant. (Id., § 22.) A judgment under § 21 revokes licenses until the judgment is paid. (Id., §23.) Whoever sells liquor to a minor for his own or any other's use. or allows a minor to loiter upon his premises where liquor is sold shall forfeit $100 to the parent or guardian of such minor. (P. S , 1882, c. 100, § 24 ; amended by Laws, 1889, c. 390.) The husband, wife, parent, child guardian or employer of a person habitually drinking liquor to excess may give notice in writing to any person, requesting him not to sell to such habitual drinker and if he does, may recover $150 to $500 This applies to druggists selling except upon physicians' prescriptions. And the Mayor of a city or any one of the Selectmen of a town may give the notice and sue for the benefit of the injured party. (P. S„ 1882, c. 100, § 25 ; amended by Laws, 1885, c. 282.) The delivery of liquor from any building, booth or other place except a private dw-elling- house, or from such when a part thereof is used as a place of common resort (such delivery being to a person not a resident therein), shall bepnma facie evidence that such delivery is a sale. (P. S., 1882, c. 100, § 26.) Signs, placards and advertisements, except in drug-stores, announcing the keeping of liquor, and a United States tax-receipt as a dealer in liquors, shall be prima facie evidence that such liquors are there kept for sale. (Laws, 1887, c. 414J Legislation.] 514 [Legislation. Ale, porter, beer, cider, wine and any bev- erage containing more than 1 per cent, of alcohol by volume at 00° F., as well as distilled spirits, shall be deemed intoxicating. (P. S., 1882. c. 100, §27; amended by Laws of 1888, c 219.) The powers of Mayor and Aldermen in cities shall be exercised in Boston by the Board of Police Commissioners and in any other city the Council may determine that a Board of three License Commissioners, appointed by the Mayor and Council, shall perform such duties. (P. 8., 1883, c. 100, §28.) The Governor and Council may appoint an Inspector and Assayer of liquors, at a salary of $1,000 yearly (payable monthly i, who shall analyze liquors sent to him by officers and whose certificate is evidence. The Court may order analysis by other chemists. (P. S., 1882, c 100, t? 29; Laws, 1882, c. 221 ; Laws, 1885, c. 224; Laws, 1887, c. 232.) If two persons make complaint on oath be- fore a magistrate that they believe liquor is kept at a place by a person "named, for illegal sale, the magistrate (if he believes the complaint true) shall issue a search-warrant to seize such liquor and the vessels containing it and imple- ments of sale. (P. S„ 1882. c. 100, § 30 ; amended by Laws, 1887, c. 297.) No warrant shall issue to search a dwelling-house (unless a place of public resort is kept therein), unless one of the complainants makes affidavit that he has reason to believe liquor has been unlawfully sold there within a month, stating facts and circumstances. (P. S., 1882, c. 100, g ?.l.) The place or build- ing to be searched shall be particularly desig- nated. (Id., § 33. ) The officer shall search the premises and seize the liquor described, the ves- sels containing it, and furniture of sale. (Id., § 33 ; amended by Laws of 1887, c. 406 ; Laws, 1888, c. 297.) Notice of hearing shall be given, and trial by Ihe magistrate issuing the search- warrant, if the liquor is under $50 in value ; by the Superior Court if of more than that value. The liquor aQd other things seized are forfeited and sold or returned to the claimant thereof ac- cording to the result of the trial. (P. S., 1882, c. 100, <§ 34-42; Laws, 1887, c. 53; Laws, 1888, c 297 and c. 277.) An officer may arrest without warrant any one found in the act of illegally selling, trans- porting or delivering liquor, and may seize the liquor and put the culprit in a safe place until warrant can be procured. (P. 8., 1882, c. 100. §43.) All liquor kept for illegal sale is a common nuisance. (Id., § 4 1 ) In any No-License town or city, clubs for selling or distributing liquors among members are common nuisances, and the maintainers are liable to £50 to §100 and imprisonment three to 12 months. (Id., § 45.) But in other towns and cities such clubs may be licensed for $50 to $500, if deemed proper organizations. (Laws, 1887. c. 206.) The Mayor or Selectmen may prohibit the sale of liquors in cases of great public .excite- ment. (Laws. 1887, c. 365.) Licensing Boards may permit the transfer of licenses upon the same notice, etc., as in grant- ing licenses without new fee. (Laws, 1889, c. 344.) There is a Metropolitan Police law for the city of Boston, providing that the Governor shall appoint a Board of three Police Commissioners, appointees to be chosen from the two principal political parties and to serve for four years. (Laws, 1885, c. 323.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1885, c. 332.) An Amendment to the Constitution may be proposed by a, majority of the Senators and two- thirds of the Representatives present and voting ; the proposal to be agreed to in the same way by the next Legislature, and the Amendment to be ratified by a majority of the electors when sub- mitted. Michigan. Earliest Provisions. — No person was permitted to keep a tavern or retail liquor without a license from three Justices of the district and paying $10 to $25 the'refor. Disorder and drunken- ness on licensed premises were prohibited. (Terr. Laws, vol. 1, p. 43 [1805].) But the deputy of the Marshal who kept the jail might obtain such license for SI. (Id , p. 91 [1805].) Persons selling liquor to Indians were fined $5 to $100, with forfeiture of the article the Indian gave for such liquor. (Terr. Laws, vol. 1, p. 180 [passed 1812].) Permitting disorder by a retailer was fined not exceeding $300 (Id., p. 195 L1816]), retail- ing without license, not exceeding $100. (Id.) The tax was raised to $28 where a billiard- table was kept ; where one was not, $10 in De- troit and $5 outside. (Id., p. 200 ) No person was to retail without license from three Justices on recommendation of 12 re- spectable freeholders of the vicinity. Selling without, license was fined $10. (Id.) Liquois were not to be given minors or apprentices with- out written permission of parent, guardian or master, or to any soldier without consent of his commanding officer, or to any Indian without consent of the Superintendent of Indian Affairs, or to any person (travelers and lodgers excepted) on Sunday, on penalty of $10. (Id, p 201.) In 1822 Detroit was given power to tax and regulate retailers of liquor who were not innkeepers. (Id , p. 254.) In 1819 was passed a comparatively full li- cense law, vesting the granting of license in the County Courts practically at discretion, and making debts for liquors void (Id , p. 407.) Prisoners were not allowed liquor except in case of sickness. (Id.. 471.) In 1833 another license law was enacted put- ting the licensing authority in the hands of Township Boards, to be granted only where tav erns were necessary for travelers ; there were no other new provisions. (Id., vol. 2. p 1172.) Local Option (1845) and Constitutional Anti- License. (1850).— By No. 46 of the Laws of 1845, at every annual township and charter election the question of license or no-license was sub- mitted to vote. " The Legislature shall not pass any act authorizing the grant of license for the sale of Legislation.] 315 [Legislation. ardent spirits or other intoxicating liquors." (Const., 1850, art. 4, §47.) The act of 1831 (No. 178) provided that any person who might retail any liquor without first giving bond as required should forfeit $25 to $100. A bond in $500 to $1,000 was required of any who should retail liquor, conditioned to pay any penalties and forfeitures incurred by reason of violating any provisions of law regulating the retail of liquor. Those who should sell without first giving bond as required forfeited $25 to $100. Civil damages were provided. This act was upheld as not contrary to the above Constitutional provision, which it was said pro- hibited granting licenses as a means of revenue but did not interfere with the right of the Legis- lature to prohibit under heavy penalties the traffic in ardent spirits when conducted in such manner as should corrupt public morals. The statute was said not to be an enabling statute, or to authorize the traffic by granting license. (Langley v. Ergansinger, 3 Mich.. 314.) The act of 1853 (No. 66) submitted to vote of the people a regular Prohibitory or Maine law. The Court was equally divided as to the sub- mission clauses of this act, and it was therefore upheld. (People v. Collins, 3 Mich., 343.) Mj,ine Law of 1855. — A regular Prohibitory law was definitely enacted in 1855 (Laws, No. 17), with nuisance but not civil damage clauses. The penalties for selling were : first conviction, $10; second, $20; third, $100 and imprison- ment three to six months ; common sellers and manufacturers were punished by double these penalties. Manufacturing alcohol, 80 per cent, pure or over, to sell out of the State, and making cider and wine, and the sale of the same in quantities of one gallon or over, and manufacturing beer and the sale thereof in quantities of five gallons or over, not to be drunK on the premises, were excepted from the Prohibitory law. (Laws, 1861, No. 226.) By Laws, 1871, No. 71, Justices were given jurisdiction under the liquor law; and No 196 slightly increased the penalties for unlawful selling and gave civil damages. The Laws of 1873 (No. 131) provided that females selling un- lawfully were to be imprisoned the same as males. The owner or occupant of any house in which liquors were sold or bought or obtained for money or otherwise, by means of any wheel, drawer, or other device to evade the law, was deemed an illegal seller of liquor. (Laws, 1873, No. 150.) Repeal (1875). — The Prohibitory laws were repealed by Laws of 1875, c. 223, § 18. That act taxed the business of retailing all intoxicat- ing liquors $150, of retailing malt liquors $50; and persons selling at both wholesale and retail were taxed $300 if they dealt in whiskey, and $100 if they dealt exclusively in malt liquors. Adulteration was prohibited by Act No. 225 of the same year. Act No. 231 made various pro- hibitions of sale to minors, etc., and gave civil damages. And Joint Resolution No. 21 of that year (Laws, p. 305) provided for repealing the Constitutional provision against license, which was carried by the people. Act No. 197, Laws of 1877, amended and elaborated the Tax law, but in revenue-collect- ing matters alone. The two last-mentioned laws were amended with an increase in tax of $5J, by Laws, 1879, No. 268. Submission of Constitutional Prohibition (1887). — The Legislature submitted a Prohibitory Amendment to the Constitution to vote of the people, by Laws of 1887, p. 466. It did not carry. At the same session, by Laws, No. 197, under title, " An act to regulate the manufacture and sale of malt, brewed or fermented, spirituous and vinous liquors in the several counties of this State," was enacted a regular County Local Option law ; but the Supreme Court decided that the title of the act did not constitutionally express the nature of it. It therefore became inoperative. (Re Hanck, 38 N. W. Rep., 269.) The Law as It Existed in 1889. — The liquor tax rates are: for those manufacturing and sell- ing their product at wholesale, $1,000 per year ; manufacturers of malt liquors only, $500; wholesalers, $500; retailers, $500; persons sell- ing all kinds of liquors at both wholesale and retail, $1,000. (Laws, 1889, No. 213, § 1. , Re- tail dealers are those selling three gallons or one dozen quart bottles or less; wholesalers, those selling over that. No tax is required of any person selling any wine or cider made from fruits grown or gathered in the State, unless sold by the drink. (Id., § 2.) Druggists who sell liquor for chemical, scien- tific, medicinal, mechanical or sacramental pur- poses only, are excepted ; but they must keep records of persons applying for liquor, and must give bond in $2,000 not to sell unlawfully. Druggists violating the law are fined $100 to $500 or imprisoned 90 days to a year, or both. (Id., g 3.) Dealers must annually, on May 1, make and file statements concerning their places and businesses, and pay their taxes. (Id.. § 4) Those beginning business after that date must pay pro rata, but not less than one-half of the yearly tax. (Id , § 5.) The tax-receipt serves as a license, and must be posted as such in the place of business. (Id., § 6. ) Persons violating any of the provisions of this law are punished by fine of $50 to $200, or imprisonment 10 to 90 days, or both. (Id., S 7.) Those engaged in the business must give bonds in ,«4,000 to $6,000, to be approved by the Municipal Council, not to violate the law, and to pay all damages arising from selling. (Id., §8.) Half the moneys received goes to the munic- ipality, the rest to the county fund except that in the Upper Peninsula all goes to the municipility. (Id., § 9.) It is the duty of officers and all persons to notify the County Attorney, who shall prosecute violations of the act. (Id., § 10.) Any officer neglecting his duty under this act is fined $100, and the Governor may appoint another to do the duties of his office. (Id., § 12.) It is unlawful for any one to furnish liquor to any minor, intoxicated person or one in the habit of getting so, to any Indian or to any per- son when forbidden in writing by husband, Legislation.] 316 [Legislation. wife parent, child, guardian or employer, Director or Superintendent of the Poor. The fact of so selling or furnishing is evidence of intended violation of law. (Id., §13.) Dealers must not allow minors or students to play cards, dice or billiards in saloons, or sell students liquor except when prescribed for medical purposes. Minors are not to be allowed to visit saloons ex- cept when accompanied by parent or guardian. (Id., § 14 ) Liquor may not be furnished in any concert hall, show, theatre, etc. (Id., § 15.) Saloons shall be closed on Sunday, election days and legal holidays, and after 9 o'clock p. m. and until 7 o'clock the following morning, except that municipal authoritiss by ordinance may allow saloons to open at 6 a. m. and remain open not later than 11 P. M. (Id., §16.) Upon complaint that any person is found intoxi- cated or has been intoxicated in a public place, a magistrate shall issue his warrant for such person, take his disclosure and issue his warrant for the person disclosed as the seller of the liquor if the sale was illegal. (Id., § 17.) Persons selling to a minor are liable to damages not less than $50, and general civil damages are also given. (Id., §§ 18, 20.) Mar- shals and Chiefs of Police, or some officer ap- pointed by them, shall visit all saloons once every week to see how they are conducted and whether the law is being violated. (Id., § 21.) When complaint is made under this law security for costs shall not be demanded. (Id., § 22.) Clubs selling or distributing liquor to mem- bers are liable to the tax, and the members and employees are liable to the penalties of this act. (Id., § 23.) Adulteration of liquor with deleterious sub- stances, and selling such liquor, are prohibited under penalty of $50 to $500 or imprisonment 10 days to six months, or both. (Id., § 25. ) Provision is made for the branding of barrels which are filled with liquor. (Id., §s 26-29.) Liquors may be compounded by the users or sellers for medicinal and mechanical purposes. (Id., § 30.) Screens or obstructions to a view from the street shall be removed from saloons during the time when they are required to be closed. (Id., §31.) In addition to the branches now required by law, instruction shall be given in physiology and hygiene with a special reference to the Dafure of alcohol and narcotics and their effect upon the human system. (Laws, 1887, No. 165 [passed 1881].) The act of 1885 (Laws, No. 217) taxes the business of selling liquors made in the State to be shipped out of the State. It is unlawful t manufacture, sell or keep for sale any intoxicating liquors after Prohibition as provided in this act; but this does not apply to druggists selling under the general law of the State. (Laws, 1889, No. 207, § 1.) And the general law as to taxation of the liquor business is suspended thereafter. (Id., § 2.) To ascertain the will of the electors in regard to such Prohibition, upon petition of one fourth of the voters of the county to the Clerk, he shall call a meeting of the Board of Supervisors. (Id., §3.) To the petition must be attached certified poll-lists of the last preceding election. (Id., § 4.) At the meeting of such Board of Supervisors it shall be finally decided whether the petition is sufficient ; and if so, the elec- tion shall be ordered — not to be on the day of a general election. (Id., § 6.) The election shall be conducted as a general election, but the pro- position shall not be submitted oftener than once in two years. (Id., § 9.) When there- suit of the vote is for Prohibition, the Board of Supervisors may then, by a majority of all the members elected, vote to so prohibit. (Id., § 13.) And the Prohibition provisions of this act shall after the first day of May following be in force in the county. (Id., § 15.) The first violation of this act shall be punished by fine of $50 to $200, or imprisonment 20 days to six months, and subsequent offences by $100 to $500 fine, and imprisonment six months to two years, t Id , § 16. ) Civil damages are allowed in case of intoxi- cation by liquor sold in violation ol the law. (Id- § 19.) No Board of Registration shall hold sessions in or near places where liquors are sold. (Laws, 1889, No. 23.) No election shall be held in such place. (Id., No. 263, § 28.) Nor shall liquors be brought into the building where such elec- tion is being held, or drunk therein by the election officers. (Id , § 29.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1883 No. 93; amended by Laws, 1887, No. 65 ) An Amendment to the Constitution may be proposed by vote of two-thirds of all the mem- bers of the two Houses, at one session ; popular vote to be taken at the next spring or autumn election. A majority carries it. Earliest Provisions. — The first session of the Legislature provided for granting grocery licenses to retail liquor, by the County Commis- sioners, at $100 to ¥200 on delivery of a bond in $500 not to permit disorderly conduct or violate the law. Selling without license was fined $100 to $200, and keeping open Sunday $10 to $25. (Laws, 1849, c. 8.) By c. 7, Laws of 1851. the license fee was put down to $20 to $50, and the penalty for selling with out license to $50to $100. A regular Prohibitory or Maine law was sub- mitted to vote of the people by Laws of 1852, c. 8. This apparently failed, for it did not be- come a part of the statutes. The proposed law prohibited the manufacture and sale of spirituous and intoxicating liquors and prescribed penalties of $10 for the first conviction, $20 for second, and $20 and three to six months' imprisonment for the third. Prohibition in the Sioux Lands (1854).— Manu- facturing, selling or introducing l.quor west of the Mississippi within the limits of lands lately purchased under the Sioux treaties was pro- hibited. (Laws, 1854, c. 31.) Outside the said Sioux lands, the County Commissioners were to grant licenses as deemed expedient at $75 to $200. on the giving of a bond in $5,000 not to violate the license. Selling without license was fined $25 to $150, or punished by imprisonment not exceeding six months. (Laws, 1855, c. 48 ) Another general license law reducing the license to $50 to $100, but providing for town,.- Legislation.] 31*; [Legislation. ship Local Option on petition of 10 voters, was enacted in 1858. (Laws. c. 74. ) Selling to minors, wards, servants and habitual drunkards, was regulated by cc. 53 and 54, Laws of 1861. Selling on election days was prohibited by c. 55, Laws of 1865. The law has not been materially altered since, except by the High License act of 1887, which is incorporated in the General Statutes and the Laws of 1889. The Law as It Existed in 1889. — No one may sell liquor directly or indirectly, in any quantity or for any purpose, to any minor or to any student or pupil, or to any habitual drunkard, or to any intemperate drinker, or to any intoxi- cated person, on penalty of $25 to $100 or 30 to 90 days' imprisonment. Any employer or rela- tive of any habitual drunkard or intemperate drinker, or anyone injured or annoyed by his con- tinued intoxication, or any relative or employer of any minor, may give notice in writing to any person not to sell to such minor or drunkard ; and if he does so sell he shall be fined $50 to §100 and imprisoned 30 to 90 days. Persons procuring liquor for such minors or drunkards shall be fined 825 to $100 or imprisoned 20 to 90 days. No person may sell liquor on Sunday or election days, and licensed places must be closed on those days, on penalty of $30 to $100 and 10 to 30 days in prison. (G. S., 1888, Supp, c. 16, §10.) In prosecutions it shall not be necessary to prove the kind of liquors sold. Finding liquors on the premises in question is prima facie evi- dence of their sale thereon ; proof that the accused has paid the United States revenue tax and has a receipt therefor posted up is also prima facie evidence that he has sold such liquor, but this does not apply to druggists; and in the prosecution of the keeper of a place for violating £ 10, proof of furnishing liquor to any minor is sufficient proof of the defendant's knowledge of and liability unless disproved by two witnesses. (Id., § 11; amended by Laws of 1889, c. 105. ) In all cases of selling to a minor or drunkard, after notice, the license of the seller is void. (G. S., 1888. Supp., c 16, § 12.) Gaming tables in saloons are prohibited, but not billiard and pool-tables, on penalty of $ 10 to $50. (Id., § 24.) Licenses must be posted in the room where the business is done. (Id., g 25.) Licenses shall contain a description of the premises, and sales elsewhere are sales without license. (Id., § 26.) When any person is convicted hereunder, the Court shall send a certificate thereof to the Licensing Board of the district. (Id., § 27.) Any Licensing Board may revoke any license granted by it on proof satisfactory to it of a violation of law, and the party shall be dis- qualified to receive license for a year, or, if the conviction is of a sale to a minor or drunkard, for five years; and if the licensee is the owner of the premises licensed no license shall be granted thereon for one year. (Id., §28.) All applications for license shall be signed by the applicant and state the place where the business is to be carried on. The Clerk of the munici- pality or the County Auditor shall cause notice thereof to be published in the official newspaper two weeks before the hearing. Any person may appear and object to the granting of the license, and if it appear that the applicant has violated the law within a year, or sold to a minor or drunkard after notice within five years, the license shall be refused. (Id., § 29.) In cities of 10 000 inhabitants or more the license fee shall be not less than $1,000. (Id., §30.) In other cities license fee shall be not less than $500. (Id , § 31.) In all other places it shall be not less than $500. (Id., § 32.) The term of the license shall be one year, or for a •period not beyond 20 days after the next annual election. (Id.) Bond in $2,000, conditioned to sell lawfully and keep a quiet, orderly house, shall be given before license issues. No person may be surety on such bond who is surety on any other such bond. (Id., § 34.) No license shall be issued to any member of any Board of County Commissioners, City Councilor munici- pal corporation who shall take any part in issu- ing such license upon penalty of $100 to $500 and forfeiture of the license. (Id., § 35.) If any officer neglects or refuses to do his duty under this law, he shall be liable on his bond in $100 to $500. (Id., § 36.) Selling without license is punished by fine of $50 to $100 and imprisonment 30 to 90 days, except druggists' sales on prescriptions. (Id., § 37.) This act applies to all municipalities, anything in their charters to the contrary notwithstanding. (Id., § 38 ) " Intoxicating liquors " means spirituous, vinous, fermented and malt liquors, or either of them. (Id., § 40.) Evading the laws by means of any artifice known as " Blind Pig " or " Hole in the Wall," or other device concealing the identity of the person selling, shall be fined $25 to 8100 or punished by imprisonment 10 days to three months, or both. (Id., § 41 ) It is the duty of all officers to arrest any persons found offending against this law and make complaint against them, on penalty of removal. (Id., § 43.) Pharmacists duly registered may lawfully sell liquors upon a physician's prescription without a license. (Id. ,§44. ) Any pharmacist violat- ing the law is guilty of selling without license, and if he permits liquors sold to be drunk on his premises he shall be fined $25 to $100. (Id., § 45.) Physicians giving prescriptions to evade the law shall be punished as for selling without license. (Id., §46.) All persons licensed to sell intoxicatingliquors in this State are required to close their places of business (except hotels) at 11 at night and keep them closed until 5 in the morning, and not to sell liquor during that time. ( G. S. , 1888, c. 16, § 19; amended by Laws of 1889, c. 87.) ' In cities of 10,0(10 inhabitants or more, no election shall be held in any saloon or barroom. or in any place adjoining, and no liquor shall be introduced into a polling place; nor shall any licensed saloon be, opentd from 5 in the morning until 8 in the evening of such days. (Laws, 1889, c. 3, §§ 37. 38.) Selling within half-a-mile of the State Fair Grounds during the fair is prohibited on penalty of $100 to $250 for first offense, and $500 to *1,000 or im- prisonment 30 days to six months, or both, for subsequent offenses. (Laws, 1889, c. 21.) Legislation.] 318 [Legislation. No one shall make or offer for sale arjy adul- terated liquor, on penalty of #25 to $100 for first offense and $50 to *100 or imprisonment 30 to 90 days for subsequent offenses. (Laws, 1889, c. 7, §13.) ^Whoever becomes intoxicated by voluntarily drinking intoxicating liquors shall be punished for the first offense $10 to $40, or by imprison- ment 10 to 40 days, for the second by im- prisonment 30 to 60 days or a fine of $20 to $50, and for third and subsequent offenses imprison- ment 60 to 90 days. (Laws, 1889, c. 13. ) There is a law requiring scientific temperance instruction in the public schools. (G. S., 1889, Supp., c. 36, § 179; passed in 1887, c. 123.) An Amendment to the Consitution may be proposed by a majority of the two Houses, at one session, such amendment to be published with the laws of the session and submitted to the people, a majority of the popular vote being requisite to its adoption. Earliest Provisions.— Every person recom- mended by six reputable freeholders to the County Court was entitled to receive license from said Court to keep a tavern, on payment of $20 and entering into bond in $300 to keep tavern accommodations and observe the law. He was not to suffer gaming or cock-fighting on his premises upon pain of $8. Retailing liquor without license was fined $10; for the second offense, $20. Merchants might sell above a quart, not to be drunk on the premises. Sell- ing or giving liquor to a servant or slave with- out consent of his master was fined the same ; to United States troops without permission of officer, $20 ; to Indians, $10 ; selling adulterated liquor, $20. Drunkenness on the part of the licensee forfeited his license. (Act 1803, re- vised 1807 ; Toul. Dig., p. 357.) By the Laws of 1812, p. 5, the Clerks of the County Courts were to make lists of licenses granted for the Grand Jury. And the fine for selling without license was made not exceeding $100. By the Laws of 1814, p. 9, licenses out- side of towns and villages were reduced to $10 and it was made the duty of the Assessors, Tax Collectors and Sheriffs to give information to the Attorney-General of unlicensed sellers. These acts were consolidated in 1822 (Laws, p. 168), and the Courts were enjoined against licensing taverns not necessary fortravellers, and were required to prevent them from being kept for the encouragement of gaming, tippling, drunkenness and other vices. License was put at $15 to $40. Selling without license was fined $20 to $100. It was made the duty of the Court to revoke licenses under which the law had been violated. Credit for liquor above $5 was not collectible. A law of 1831 provided that licensed dealers in liquors were not to sell to slaves except by the consent, verbal or written, of the masters. (Laws, 1824-81, p. 349.) This was repealed in 1833. (Id., p. 439.) The State Prohibitory Law of 1839, Against Sales in Quantities Less than One Gallon.— In 1839, the liquor laws were all repealed, and liquor was forbidden to be sold in less quan- tities than one gallon (not to be drunk on the premises). Tavern-keepers were not to offer their guests liquor in any less quantities, and candidates for office were not to bestow liquor on any one. The penalty was fixed at $250 and imprisonment from one week to one month, and for second offenses $500 and one to three months in prison. Liquor was not to be sold in any quantities to Indians or negroes. Tavern- keepers were put under bond in $1,000 not to violate the act. (Laws. 1839, c 20.) A License Fee of $200 to $1,000, with Severe Penalties (1842).— By the act of 1842, c. 10, the corporate authorities of places having 2,000 inhabitants or over might grant license to retail liquor for $200 to §1,000 license fee. Outside of such towns the license fee was $50 to $1,000. The penalty for selling without license was $500 and 30 days' imprisonment. The recommenda- tion of five freeholders of the neighborhood was required before license could be granted. The Era of Local Legislation. — In 1850 began the long series of local acts regulating the sale of liquor, being in character all the way from reducing the license fee for a locality to abso- lute Prohibition, the great majority being Pro- hibitory. The law of 1854 (erroneously alluded to in some lists of early Prohibitory laws as a Prohibitory law) amounted to Local Option. (Laws, 1854, c. 42.) War Legislation. — Distillation of liquor from grain, sugar or molasses was prohibited under penalty of not exceeding $5,000 and imprison- ment not exceeding six months. (Laws, 1862, c. 24.) In 1864 distillation from grain, sugar or molasses, fruits and vegetables of any kind, was prohibited. Distilleries were declared nuisances abatable by any white person or officers of the State and Confederate armies. All license to sell liquor was suspended during the war, and such places were declared nuis- ances, but County Agents were to be appointed to sell liquor for meaicinal purposes only, and two distilleries were taken by the State to be run to supply such Agents. All money from the sale of liquor belonged to the State. (Laws, 1864, c. 34.) All officers and employees of the State distilleries were required to give bonds by Laws, 1865, c. 24. Since the War.— The Laws of 1874, c. 24, provided that no licenses were to be granted without petition of a majority of the male citizens over 21 yeara old, and of the female citizens over 18, resident in the Supervisor's district or town or city ; and if a counter peti- tion of such majority was made against the license, it should not be granted for two years. (Laws, 1874, c. 24. ) If a majority of the voters of a Supervisor's district or town or city peti- tioned against the granting of license therein, none should be so granted for three months. (Laws, 1874, c. 44.) These acts were repealed in 1876. (Laws, c. 81 and c. 40, respectively.) Iu 1875 the fees for license were placed at $200, $400, $700 and $1,000, with reference to advantage of situation. (Laws, 1875, c. 28.) The Law as It Existed in 1889. — It shall not be lawful for any person to sell vinous or spirit- uous liquor in a less quantity than one gallon without license, although a retail license per- mits selling in a greater quantity than one gallon. (Code, 1880, g 1097; amended by Laws of 1882, Legislation.] 319 [Legislation. c. 6.) No person can sell in quantities of one gallon or more without paying the tax and get- ting the license required by the revenue law. But any person may sell wine made of grapes grown by himself, in any quantity not less than one pint, without license or tax. If any Supervisors' district or incorporated town shall by a majority of voters petition against it, license to retail liquor therein shall not be granted for a year. (Code, 1880, § 1098 ; amended by Laws of 1882, c. 6 ) The Board of Supervisors may grant license to retail within the county, but not within any incorporated town or city, for from &200 to f 1.000, to go to the School Fund. (Code. 1880, § 1099.) The corporate authorities of any city or town may so grant license, except that in towns of 1.000 inhabitants or more it shall not be for less than $300. (Id., §§ 1100, 1101.) No county, city or town tax exceeding 100 per cent. of the State tax shall be imposed upon the privilege of selling liquors, but the tax herein provided for shall exempt the licensee from all oiher taxes, provided that the stock may he taxed as other property. (Id.. § 1102.) No license shall be issued without a petition therefor signed by a majority of the legal voters in the Supervisors' district, city or town. After such petition is filed? the matter is to lie over one month and the petition with its signatures is to be published three weeks. A petition of a majority of such voters against the license defeats it for a year. (Id , § 1103.) Before license shall be issued a bond must be given in $2,000, conditioned that the licensee will keep a quiet house and obey the law. On recovery for breach of such bond the informer shall have half. (Id., §1104.) No license shall be granted for more or less than one year. It shall not be transferable. It shall designate the particular house in which the liquors may be sold, and sales shall be made in no other; but for sufficient reason the licens- ing authority may allow a change of such place, and when the licensee dies his business may be continued by his personal representative until his license expires. (Id., § 1105.) The Licens- ing Board may revoke a license for violation of law by the licensee, or on account of his unfit- ness, on five day9' notice to him (Id., g 1106.) This act shall extend to all itinerant vendors of liquors and to all steamboats and water-craft, but not to places where the sale of liquor is prohibited by law or regulated by special enact- ment. (Id.. §1107.) Any licensee trusting a person for liquors retailed shall lose the debt. (Id., § 1108.) Merchants and others carrying on any busi- ness who sell or give away liquors in less quan- tities than one gallon shall be subject to the tax on retailers. (Id., § 1109.) Every magistrate and officer is enjoined to cause this act to be strictly enforced. (Id., §1110.) In case of the breach of any bond it is the duty of the District Attorney to bring suit on it, but such suit may be brought by private counsel. (Id, § 1111.) Anyone selling liquor without license or con- trary to law, or any person owning or having any interest in liquor sold contrary to law, shall be fined S25 to #500 or imprisoned from a week to a month, or both. (Id., g 1112.) This does not affect selling native wines. (Laws, 1886, c. 80.) No one licensed may keep open or sell on Sunday. (Code, 1880, § 1113.) No indictment hereunder shall be quashed for want of form, and it shall not be necessary to aver the kind of liquor sold. (Id.. § 1114.) If any person sell liquor to anv minor he shall be fined 1100 to $1,000. (Id., § 1115 ; amended by Laws of 1882. c. 6, § 3.) If any candidate shall treat or bestow any liquor on a voter to influence his vote he shall be fined $25. (Code, 1880, § 1116.) The owner or controller of any house permit- ting anyone to sell liquor unlawfully therein may be fined not over $500 and imprisoned not more than a month. (Id, § 1117.) No liquor shall be sold within any prison or brought into it for any prisoner, except upon a permit signed by the physician of the prison for the health of the prisoner. Persons selling and prison officers suffering such sales contrary to law shall be imprisoned not over a year or fined not exceeding $300, or both, and the officer forfeits his office. (Id., §1118.) If any person adulterate liquor or sell such liquor he shall be imprisoned from one to five years. (Id., § 1119.) The County Tax Collectors and Mayors of citits and towns shall on the first day of the Circuit Court furnish the Grand Jury or District Attorney with a list of licensees for the past year, which shall be evidence of the granting or not of license. (Id, §1120.) If any seller of liquor permits card-playing or other games of chance upon his premises be shall be fined $500 or imprisoned not more than six months, or both. (Id., § 1121.) Licensed dealers, or ary person who shall sell liquor on election day, shall be fined not ex- ceeding $500 or imprisoned not exceeding six months, or both. (Id , S 1122 ) By the revenue chapter of the Code and the revenue laws of each session of the Legislature, privilege tax is laid on liquor-selling, which is usually $200 or thereabouts ; this seems hard to account for, considering the above declaration in the Code that such licenses are not otherwise taxable than as above. Dealers in liquor in quantities of one to five gallons must comply with §§ 1103 and 1104 of the Code. (Laws, 1884, c. 181.) Appeals from the granting or refusal of licenses by the Licensing Boards are provided for by c. 16, Laws of 1888. Procuring liquor for minors is punished by fine of $50 to $500 and imprisonment 10 days to six months. (Laws, 1 888. c. 56.) Upon petition of one-tenth of the voters in any county, it shall be the duty of the Board of Supervisors to submit the question of Prohibi- tion to the voters at a special election held not within two months of a general election. An- other such election shall not be held for two years. Selling after Prohibition passes shall be punished by fine not exceeding $50 and im- prisonment not over 60 days for first offense, $100 and 60 days for second, and $100 and im- prisonment four months for third. Such selling Legislation.] 320 [Legislation. is also a nuisance and may be abated in Chan- cery Court. All private acts or acts of local ap- plication shall be in force until the election herein provided for. and in no case shall this act be construed to repeal any laws prohibiting liquors at Oxford, Starkville, Clinton or at any other place where there may be any institution of learning chartered by legislative enactment where such sale is now prohibited. (Laws, 1886, c. 14) An Amendment to the Constitution may be proposed by vote of two- thirds of all the members of the two Houses at one session ; popular vote to be taken at the next general election for Representatives , three months' notice to be given. A majority vote carries it. Missouri. Earliest Legislation.— Selling liquor to In- dians except by permission of the agents of the United States was prohibited upon penalty of $tf0 to $150 or imprisonment 10 to 30 days, or both. (Dig. Laws, Mo., 1825, p. 439 [passed 18241.) A general license law providing a license fee of $5 to $30 for six months, with a penalty of 6100 for selling without license, was enacted in 1825. (Id., p. 660.) This law prohibited selling to slaves, without written permit from the owner, under the above penalty, with forfeiture of license. The older act of 1806 had required a tavern license with a fee of $10 to §30 per year, upon penalty of $10 per day while keeping with- out licence ; and it also prohibited sales to slaves and United States soldiers without license ob- tained from the master or commanding officer, respectively. (Id , p. 761.) In 1835 the license was called a grocer's license, and the fee was made $5 to $100 for six months. (R. 8., p. 291.) The law was slightly enlarged and the fee was changed to $10 to f 50 for six months by Laws of 1840. p. 82, and slaves were prohibited selling on pain of 39 lashes. By an act of 1847, p. 59, persons could not sell liquors by virtue of a tavern license. This was repealed by Laws of 1849, p. 56, and license charges of $20, and $4 per $1,000 upwards, were assessed on property invested above the value of $5,000. County, city and town authorities were authorized to levy no greater amounts than these for their respective purposes. (Id., pp. 56-7.1 Local Option Law cf 1851. — In 1851 iLaws, p. 216 1, whenever a mujority of the taxable in- habitants of aDy cily, town or municipal town- ship voted against the granting of any license therein, none should be granted for a year. This virtual Local Option has continued until now, except that it was changed after a while to provide that such a majority should be obtained in a smaller division on every petition fcr license. From this time forward local acts of a varied nature, prohibit- ing sales in various places, were passed: but not so extensively as in States farther south. By an act of 1872 (Laws. p. 48), a special license was created, called the w'ne and beer license, which cost '10 to §25 per year. It was granted only on petition of a majority of tax- paying citizens, a^ other licenses were. It was repealed by Laws of 1885, p. 161. The Law as Lt Existed in 1889. — A dramshop- keeper is a person permitted by law, being licensed to sell intoxicating liquors in quantities not exceeding 10 gallons. (R. 8., 1879. g 5435.) No person may so sell without such license. (Id., § 5436.) Dramshop-keepers shall keep but one place. The license is unassignable, and sales on credit are void. (Id.. § 5437.) On application for a license, the County Court, if of the opinion that the applicant is of good character and the petition being sufficient, shall grant the license. (Id., g 5438; amended by Laws of 1883, p. 87, § 1. ) Applicants shall give a statement of their stock, upon which the same ad valorem tax paid by merchants is paid. (R. S., 1879, § 5439.) Bond in *2,000 to keep an orderly house and not to sell to minors or vio- late this law, and to pay fines, etc.. is required (Id., g 5440 ; amended by Laws of 1883, p. 87, § 2.) Upon every license shall be levied, for every six months, $25 to $200 for State purposes, and $250 to $400 for county purposes, the amount to be determined by the Court in each case. (Id., § 5441 ; amended by Laws of 1887, pp. 178-9.) No County Court may grant a license in any place of 2,f.OO inhabitants or more, until a ma- jority of the tax-paying citizens of the block or square petition therefor ; in smaller places, un- til the majority of such citizens of the place sign such a petition. (Id., g 5442 ; amended by Laws of 1883, p. 87, g 4.) No license shall be delivered until the appli- cant produces the receipt of the Collector show- ing all taxes paid. (Id., § 5445.) The Clerk of the Court may so grant such licenses in vaca- tion of the Court. (Id., S 5446.) Persons vio- lating this chapter are fined $40 to $200. (Id., §5149.) The Grand Jury shall be charged with this act ; officers shall give information to the Grand Jury and County Attorneys shall take special care to prosecute hereunder and shall also prose- cute officers failing in their duty. (Id., gg 5i50-2 ) The authorities of incorporated towns or cities may tax dramshop licenses. (Id., g 5453.) Selling to minors without permission of parent or guardian shall forfeit £50 to such parents or guardians. (Id., g 5454.) Sales to minors and habitual drunkards by clerks or agents shall be considered acts of employers. (Id., g 5455.) Dramshop-keepers keeping open on Sunday or election day, or selling on such days, are fined $50 to $200 and forfeit their licenses and may not again be licensed for two years. (Id., § 5456; amended by Laws of 1883. p. 88, g 5.) Whenever it is shown to the County Court, upon the application of any person, that a dram- shop keeper has not at all times kept an orderly house, the license shall be revoked. (Id., g 5457.) And one whose license has been revoked or who has been convicted of violating the law, shall not be licensed by any Court. (Id., g 5458 ) Liquor may be sold where made, but not in less quantity than a quart and not to be drunk on the premises. (Id . g 5459.) Wine-growers may dispose of their wine in any quantity except Legislation.] 321 [Legislation. to minors or to habitual drunkards, without consent or after notice, respectively. (Id., 5460 ) Dramshop-keepers selling to habitual drunkards after notice not to are liable in $50 to $500 to the re.ative giving the notice. (Id., § 5462 ; amended by Laws of 1883, p. 88, § 6 ) A Local Option election shall be called in any county outsHe of places having 2,500 inhabitants or more, and in such places upon petition of one-tenth of the voters therein, such petition to be made to the County Court or the legislative assembly of the place, respectively. (Laws, 1887, p. 180, §§ 1, 2.) The question shall not be re- submitted for four years, dd, §7.) Violating the act is punished by fine of $300 to $1,000 or imprisonment six to 12 months, or both. (Id §9.) Using any substitute for hops in the manu- facture of beer or ale is punished by fine of $500 to $5,000 or imprisonment one to six months, or both. (Laws, 1887, p. 170.) Physicians giving prescriptions for liquor, ex- cept for medicinal purposes, shall be fined $40 to $200. (Laws, 1887, p. 214.) No merchant's license authorizes selling less than five gallons of liquor nor does it authorize sales i :f liquor to be drunk on the premises, upon penalty of $100 to $500 or imprisonment three to six months, or both. (Laws, 1887. p. 217.) Music, billiards, ten-p'ns, sparring, cock- fights, cards and all gaming and amusements are forbidden in dramshops, under penalty of $10 to $50 and forfeiture of license and disqual- ification 10 years. (Laws, 1889, p. 104.) There is a law requiring scientific temperance instruction in the public schools. (R. S., 1889, § 8023 ; passed in 1885, Laws, p. 243.) An Amendment to the Constitution may be proposed by vote of a majority of all the mem- bers of the two Houses, at one session ; publica- tion of such Amendment to be made in the session laws; popular vote to be taken at the next general election for Representatives, four weeks' notice to be given. A majority carries it. Montana. Early Provisions. — At the first session of the Legislature selling liquor to soldiers and Indians was prohibited. (Laws, 1864, pp. 344. 347.) The next session provided a general license law, in- cluding all occupations, requiring $30 per quarter for retailers of liquors or $10 per quarter if not within two miles of any town or city. (Laws, 1866, c. 4, § 7.) The amount of license was gradually in- creased by the- revenue laws. The other present regulations and prohibitions were added by separate laws, and the present High License and Local Option acts were passed in 1887. The Law as It Existed in 1889.— All persons who deal in liquors by retail shall pay as fol- lows: In cities, town?, villages or camps which contain a population of 3,500 or more, $500 per year; in those containing 1,000 to 3,500. $320; in those containing 300 to 1,000, $240, and in those containing less than 300 people, $100. (C. S., 1887, p 1020, § 1346.) Applications to sell such liquors shall be made to the County Clerk, stating the place of busi- ness, and shall be accompanied by a petition therefor signed by 10 resident freeholders of the town, ward or vicinity; and such Clerk shall give the applicant a certificate to the County Treasurer showing that the provisions of law have been complied with. (Id., $ 1347.) The County Commissioners may revoke any such license for violation of law. lid.) Any licensee selling to any minor, Indian, in- sane or idiotic person, or habitual drunkard, or keeping a disorderly house, shall pay $50 (half to the informer) and forfeit his license. (Id,) Every person so licensed selling adulterated liquor shall pay $250. (Id., § 1348.) Every distiller, manufacturer or rectifier of spirituous liquor shall pay a license of $600 per year. (Id.) Dealers in quantities greater than one gallon in towns of over 3,500 inhabitants shall pay $200, in other places $125. Such per- sons shall not allow liquor to be drunk on their premises, upon penalty of $50 (half to the in- former) and forfeiture of licenses. (Id ) Brewers shall pay from $5 to £20 per month, according to volume of business. (Id., § 1349) Doing business without license is fined $10 to $100. (Id, p. 1027, §1366) Upon application by petition signed by one- third of the voters in any county, the County Commissioners shall hold an election to deter- mine whether intoxicating liquors shall be sold therein. Such election shall not be within any month of a general election. (Id., p. 1036, § 1395.) After four weeks' notice of the result of the election, the act shall take effect if the vote is against the sale. A contest of the elec- tion is provided for on petition of one-tenth of the voters voting at the election, if made within 20 days. (Id., § 1398 ) No such election shall be held oftener than once in two years. (Id., § 1399 ) Nothing in this act shall prevent the manufacture, sale and uss of domestic wines or cider, or wines for sacramental uses, provided such wine or cider is not sold in barrooms at retail ; nor shall it prevent druggists from sell- ing pure alcohol for medicinal, art, scientific and mechanical uses. (Id., § 1402.) Selling con- trary to this act is punished by fine not over $500 or imprisonment not exceeding six months,, or both. (Id., §1404.) Every person who shall erect or keep a booth or other contrivance to sell liquor within one mile of any camp or field-meeting during the holding thereof, shall be fined not exceeding $500. (C. S., 1887,' p. 541, §152.) Selling liquor to Indians or half-breeds shall be punished by fine of $100 to $500 (half to the informer) and by imprisonment not exceeding- three years. Officers may seize wagons, horses- and other property used to transport or sell such liquor to such Indians, which is forfeited upon conviction (half to the informer}. Selling liquor to soldiers of the United States subjects the seller to imprisonment not to ex- ceed one year and a fine of $500 (Id , p 552, § 188), and any soldier putting off his uniform to obtain liquor shall be arrested and held till his commanding officer shall apply for his re- lease. (Id., §189.) If a person accused of sell- ing to such soldier can show that the liquor was obtained deceitfully, the soldier not being in uniform, he shall not be liable to penalty. (Id..§ 190.) Saloon-keepers permitting minors to resort to Legislation.] 322 [Legislation. their places are fined $10 to $100 or imprisoned one to 30 days, or both. (Id., p. 572, £ 241.) Anyone furnishing liquor to anyone in the habit of becoming drunk or of drinking to ex- cess, after notification of such habit, or to any minor without consent of his parent or guardian, shall be liable in damages lo those injured there- by, and shall be fined not exceeding *50, or im- prisoned not exceeding 30 days, or both. (Id., p. 577, §257.) Selling on election days is fined $10 to $100 or punished by imprisonment not more than a month, or both. (Id , § 258.) It is unlawful to sell or give away liquor in any variety theatre, show or place where the- atrical performances are given (Id., p. 578, § 259 ), or in any place where public dancing is engaged in (Id., § 260', or in any room or place where women or minors are allowed to assemble for the purpose of the business therein carried on (Id., § 261), upon penalty of $100 to $300 or im- prisonment 30 days to three months, or both. (Id , § 262.) Establishing or maintaining a sa- loon or place to sell liquor within two miles of any railroad in process of construction is pun- ished by fine of $20 to $50 for the first offense, and $50 to $100 and imprisonment 10 to 60 days for subsequent ones; but this does not apply to saloons in any incorporated town, village, city or town site where there is a United States post-of- fice. (Id., §265.) Employing a child under 16 in a saloon is fined $50 to $100. (Id., p. 589. § 14.) An Amendment to the Constitution may be proposed by two-thirds of all the members of thetwoHouses, at one session; popular vote to be taken at the next general election for Represent- atives ; three months' notice to be given. A majority carries it. Nebraska. Prohibitory Law of 1855. — It was by the first Legislature of the Territory made unlawful for any person to manufacture, sell, give away or dispose of any intoxicating liquor to be used as a beverage. The places commonly called dram- shops were prohibited and declared public nuisances. Keeping a place where other per- sons resorted, even though their own liquor was purchased elsewhere, was, if the liquor were drjnk in such place, made within the act. Violating the act was fined $10 to $100 or pun- ished by imprisonment not more than 90 days, or both, and second offenses by $100 or irn- pris-nment not morj than a year. (Laws, 1855, p. 158.) Fraudulently adulterating liquor was pun- ished by imprisonment not more than a year or fine rot exceeding $b00. (Id., p. 248.) Selling liquor to Indians was punished by fine not ex- ceeding $200 or imprisonment not, more than one year. (Id., p. 250.) Enactment of License (1858). — License was authorized to be granted by the County Com- missioners upon petition of 10 freeholders of the township (bond in >500 to $5,000) and pay- ment of $25 to $500 license fee, at the discretion of the Commissioners. Unlicensed sales were punished by fine of $100 to 01,000 cr imprison- ment not exceeding one year, or both. The usual special prohibitions and full civil damage • clauses were included. (Laws, 1858, p. 256.) In 1861 the license fee was reduced to $15 to $200. and the penalty for unlawful selling to $25 to $100 or imprisonment not exceeding one month. (Laws, 1861, p. 144.) Selling to Indians was lined $25 to $500, with imprisonment 20 days. (Laws, 1864, p. 88.) Provision was made that licenses should be under consideration for more than two weeks in the Licensing Boards. (Laws, 1875, p. 24 j In 1881 was passed the law now in force. Submission of Constitutional Prohibition and License (1889. j— The Laws of 1889. c. 110, sub- mitted separately these proposed Constitutional Amendments: "The manufacture, sale and • keeping for sale of intoxicating liquors as a beverage are forever prohibited in this State, and the Legislature shall provide by law for the enforcement of this provision," and '■ The manufacture, sale and keeping for sale of in- toxicating liquors as a beverage shall be licensed and regulated by law." Both were defeated. The Lava as Lt Existed in 1889. — The County Board of each county may grant license for the sale of intoxicating liquor, if deemed expedient, upon application by petition of 30 of the resident freeholders of the town or precinct and upon payment of $500 ; but such Board cannot grant a license in or within two miles of any city or in- corporated village. (C- 8., 1887, c. 50,81.) No action shall be had upon license applications until two weeks' notice of the filing there- of has been given by publication or posting. (Id., § 2. ) If there be any objection filed to the license, the Board shall appoint a day for hear- ing, and if the applicant has been guilty of any violation of the law within a year, or if any former license has been revoked for mis- demeanor, then the license shall be refused. (Id., § 3.) On the hearing of any such case, witnesses may be compelled to attend, and their testimony shall be put into writing, and either party may appeal to the District Court which shall try the appeal on the testimony so written alone. (Id., § 4.) License shall not be trans- ferable, and may be revoked by the authority issuing the same upon proof of a violation of the law. (Id., § 5.) Licensees shall give bond in $5,000 not to violate the law and to piy fines and damages adjudged against them. (Id., § 6.) No person can be surety on two such bonds. (Id., §7.) Every licensee who sells liquor to a minor, apprentice or servant shall be fined $25. (Id., § 8 ) Every such person misrepresenting his age to evade the above section is fined not ex- ceeding $20, or shall be imprisoned 60 days, or both (Id., § 9.) Any person selling to any Indian, insane person, idiot or habitual drunk- ard shall forfeit $50. (Id., g 10 ) Selling with- out license is punished by fine of $100 to $500, or by imprisonment not exceeding one month, besides the amount assessed on account of lia- bility on tha bond. But persons may sell wine made from grapes grown by them, in quantities not less than one gallon. (Id., § 11.) The magistrate, upon complaint under the last sec- tion, shall upon examination bind the party ovT to the next term of the District Court, if he believes him guilty. (Id., § 12 ) Legislation. ] 323 [Legislation. Every licensee disposing of adulterated liq- uors intentionally shall forfeit $100. (Id., § 13.) Selling on Sundays or election days is fined $100. (Id., § 14.) All damages the community or individuals may sustain in consequence of the traffic, in- cluding the support of paupers, widows and orphans, shall toe paid toy the licensed persons responsiDle. (Id., §§ 15. 19.) The County Board may grant permits to druggists to sell liquors for medicinal, mechan- ical and chemical purposes without license fee. (Id , § 24. ) The corporate authorities of all cities and in- corporated villages have power to license, regu- late and prohibit the sale of liquor, for a fee of not less than $500 in places up to 10,000 inhabitants and not less than $1,000 in larger places. They may grant druggists' permits The petition for license must toe signed toy 30 or a majority of the resident freeholders of the ward or village. (Id., §25.) Every druggist having a permit must keep an itemized register of his sales showing date, kind, quantity, purpose and name of vendor, open to the inspection of the public, upon penalty of $20 to $100 and imprisonment 10 to 30 days. (Id., § 26.) Anyone making a false statement to procure liquor of any person authorized to sell the same shall be fined $10; on second offense, $20, with imprisonment 10 to 30 days. (Id., §27.) Any person found in a state of intoxication is guilty of a misdemeanor, and shall toe fined $10 or imprisoned not more than 30 days, but upon disclosing when and where he obtained the liquor the penalty may be remitted. (Id , S 28.) Saloons shall be kepi unobstructed toy screens, blinds, paint, etc., upon penalty of $25 or imprisonment 10 days, or both, with for- feiture of license. (Id., § 29.) Treating in saloons is prohibited under penalty of $10 or imprisonment 10 days, with $15 for attorney fee-. (Id., §§31-2. ) No person shall sell liquor within three miles of any assemblage of people for religious wor- ship, except at regular places of business, upon penalty of $20 to $100. (Id., §3 33, 35.) In cities of tha first class there shall toe an Ex- cise Board consisting of the Mayor and two members elected toy the city at large. ( Laws, 1889, c. 14, § 13.) Such cities by ordinance may restrain, prohibit and suppress unlicensed tip- pling-shops. (Id., § 67, If 37.) The Excise Board has exclusive control of the licensing and regulation of the sale of liquor, and shall meet once a month. It may license, regulate or pro- hibit the sale, and determine the license fee. not to be less than the general law imposes. Special permits to sell liquor for medical and mechanical purposes may be granted to druggists, to be re- voked at pleasure. And licenses may toe revoked by such Board for violations of law or ordi- nance. Such Board may make all needful rules and regulations as ordinances, not inconsistent with the general law. and may compel the at- tendance of witnesses. The penalty for selling without license is $200. (Id., § 91 ) In such cities of the first class as have less than 25 000 inhabitants, the Mayor and Council may by ordinance license, restrain, regulate or prohibit the sale of liquor, grant permits to druggists and revoke licenses and permits. Sell- ing without license therein is fined $100. (Laws, 1889, c. 15. §92.) It is unlawful to keep liquor for the purpose of sale without license, and those found in possession of such liquor, with the intention of disposing of the same unlawfully, shall be pun- ished as in § 11. This does not apply to phy- sicians and druggists holding permits, or per- sons having liquors for home consumption. If any reputable freeholder of any county makes complaint under oath before a magistrate that he believes liquor (describing it as nearly as may be) is in any described place, owned or kept by a named or described person, intended to be sold unlawfully, said magistrate shall issue his warrant to search the premises, seize the liquor, arrest the person and bring him before the magistrate ; and possession is pre- sumptive evidence of a violation of law, unless upon examination the defendant satisfactorily accounts for the same. Liquor seized shall not be discharged by reason of any insufficiency of the complaint or warrant, but the claimant is entitled to an early hearing upon the merits of the case. If the place to be searched is a dwell- ing the complaint must allege an unlawful sale there within 30 days. (Laws, 1889, c. 33. § 1, to be C. L., c. 50, § 20.) If upon examination the accused is found guilty he shall be held for trial to the next District Court, and th3 liquor shall be destroyed, but defendant may appeal to the District Court, when the liquor shall abide the result. (Id , § 2, to be Id , § 21. ) If the defend- ant is acquitted he shall toe discharged and the liquor returned to him. If guilty he shall pay $25 to the prosecuting attorney, toesides the fine and costs. If the defendant is discharged the prosecuting witness shall pay the costs, unless there was probable cause for the complaint. If no one is found in possession of the liquor, no- tice shall toe posted upon the premises fixing a hearing within five to ten days, the liquor to atoide the result whether any one claim it or not. (Id., § 3, to toe Id., § 22.) Liquor shall not be taken into any place of registration or drank therein, upon penalty of $100 to $500. (Laws, 1889.) There is a law requiring scientific temperance instruction in the public schools. (C. S., 1889, p. 659, § 5a; passed in lc85. c. 83 ) An Amendment to the Constitution may be proposed by vote of three-fifths of all the mem- bers of the two Houses, at one session ; popular vote to toe taken at the next general election for Bepresentatives, three months' notice to toe given. A majority of all voting at said election carries it. Nevada. By the Revenue act o* the first session of the Legislature, in 1861, the tax on liquor licenses was put substantially as it has remained in the Revenue laws since passed. The laws now in force have been enacted at different times, but the policy of the law has not changed. The Law as It Existed in 1889. — Wholesale liwnses obtained of the Sheriff, authorizing sales o£ liquors in quantities of a quart or over, shall cost from $2.50 to $50 per month, in 10 Legislation.] 324 [Legislation. classes, according to volume of business (Q. S., 1885, § 1139) Retail licenses are obtained from the Sheriff also and co^t $10 per month, but persons rttailing in connection with the entertainment of travelers, one mile or more o.itside the limits of any city or town, pay quarterly $15. No person under such license can sell on election days. (Id., g 11 JO) Any person selling liquor without a licence shall be lined §25 to ^200. I Id. . $ 4636. ) It is unlawful (o retail liquor within one-half mile of the State prison, upon penalty of $50 to $500 or imprisonment 25 days to six months. (Id., §4729.) Every person selling liquor to minors or mental imbeciles without written or verbal order from parent or guardian shall be fined $25 to S100 or imprisoned not exceeding 60 days. (Id., £4730.) Selling to Indians is subject to fine of $100 to $500 or imprisonment one to six month?, or both. (Id., S4732; amended by Laws of 1887, c. 30, to a fine not exceeding 81.000 or imprison- ment not exceeding two years, or both.) Treating to liquor in any public barroom is punished by fine of $4 to *20 or by imprison- ment two to ten days, or both. (Id., § 4740. ) Licenses shall be posted conspicuously in the place of the business, or $10 to $100 be for- feited. (Id.. § 4822.) Anyone knowingly selling any adulterated liquor shall be fined not more than $500 or im- iri-oned not more than six months. (Id., S4677.) None (hotel-keepers excepted) may keep open a place for selling liquor between 12 p. M. and 6 A. M., upon penalty of $200 to $500 or im- prisonment 30 days to six months, or both. (Laws, 1889, c. 72.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1885, p. 115.) An Amendment to the Constitution may be proposed by majority vote cf the two Houses, to be concurred in by majority of each House in the next Legislature; a majority of the pop- ular vote carries it. New Hampshire. Colonial Provisions. — Permitting inhabitants of the town to remain in public houses drinking Saturday night or Sunday was in 1700 fined 5s, both for the drinker and the keeper of the house. (Laws, 1696-1725, p. 7.) In 1701 drunk- enness was fined 5s. lid . p. 14.) Taverners were not to allow apprentices, ser- vants or negroes to sit drinking in their houses, nor townsmen after 10 o'clock, upon penalty of 10s. nor to suffer excessive drinking, upon penalty cf 5s. Tything-men were to be elected in each town to inspect licensed houses, and such houses were to be limited to six in Ports- mouth and smaller numbers in other places. (Id., p. 57 [1715].) Reputed drunkards were to be posted in taverns, and sales were not to be made to them, upon penalty of 20s (half to the informer). (Id., p. 142 1 1719].) Selling without license was was fined £5 (one-third to the informer). Early /State Provisions — By the law of June 14, 1791 (Laws, N. H., Portsmouth, 17C2), no person could exercise the business of taverner or retailer without license obtained from the Selectmen of the, town, and if he did so sell liquor he forfeited 40s. Taverners were not. to surfer inhabitants of the town to tipple in their places after 9 o'clock in the evening, or on the Sabbath, or suffer any person to drink to drunkenness, or any minor or servant to sit drinking without consent of his parent or mas- ter, on penalty of 20s. They were not to allow gaming either. Retailers were not allowed to sell liquor to be drank on the premises, on penalty of 40s, nor were they to sell in less quantities than one pint. License was again placed at 3s, and taverners were not entitled to recover more than 20s on action for liquor sold to be drunk on their premises. Chapter 86 of the Laws of 1820 provided that the license should designate the particular house or store in which the business was to be conducted, and that it should not avail in any other place. The Selectmen were to post in liquor-places the names of common tipple rs, and forbid sales of liquor to them, on penalty of $10. Breaches of the law in general were placed at HO instead of 40s. The law of 1827, c. 65, punished selling with- out license by fine of $20 to $50, and placed the license fee at $2 to $5 for a taverner. with 20 cents for recording. Licenses to sell and mix wine ar.d spirituous liquors were allowed to others than tavern-keepers for $20. The Selectmen who granted license might revoke the same if licensee kept a, disorderly house or violated the law. The licenses to others than tavern-keepers were not allowed by the act of 1829, c. 27. The penalty for selling without license was changed to $25 to $50 by Laws of 1838, c. 369. By c. 530, Laws of 1847, the question whether it was expedient for the Legislature to pass a law prohibiting the sale of liquors except for chemical, medicinal and mechanical purposes, was to be voted upon at the next annual town meeting. By c. 848, Laws of 1849, the Selectmen of the respective towns were to license one or more suitable persons to sell liquor for medicinal, mechanical and chemical purposes and for no other use or purpose. Selling without tuch license was punished under existing laws. Prohibitory Act of 1855 — The Prohibitory act of 1855 (Laws. c. 1658) prohibited the sale only (not the manufacture). It is .'.till in force. The law of 1858 (c. 2U80) added pro- visions for appointing a State Agent, which remain in force. By the act of 1878' (c. 16) lager beer was added to the list of those liquors pro- hibited, but the act was to be in force only in towns so deciding by majority vote. The sub- mission clause was repealed by c. 102, Laws of 1881. The Law as It Existed in 1889 — The Governor shall appoint one or more suitable persons to furnish Agents appointed by towns with un- adulterated spirituous liquors. (6. L., 1878, c. 109, si 1 .) Such person must give bond to the State in $10 000. (Id., §2.) Agents of towns must buy of such State Agent and no other. (Id., §3.) Town Agents mujt not adulterate liquors they keep, and must not purchase of Legislation.] 325 [Legislation. any one but the State Agent, upon penalty of $50. (Id., § 4.) One or more Agents, not ex- ceeding three, shall be appointed by the Select- men of each town (except such ai have voted no such appointment shall be made) for the sale of spirits, who may be removed at pleasure of the Selectmen. No inn-keeper or keeper of o. place of public entertainment, and no person who has been convicted of violating this chap- ter, shall be so appointed. (Id., g 6.) Such Town Agent may sell spirituous liquor to be used in the arts and for medicinal, mechanical and chemical purposes, and wine for the sacra- ment, only. (Id., § 7.; Persons buying liquor who make false state- ments regarding the use for which such liquor is intended shall be fined $10, for the second offense $20. (Id., § 8.) Agents shall receive such compensation as the Selectmen prescribe, not to be dependent on the amount of sales. (Id., § 9. ) Agents shall keep, and when required, exhibit to the Select- men or any Justice of the Peace an accurate account of all purchases and sales, showing in the latter case the name of the purchaser and the use for which he said the liquor was pur- chased. (Id., 8 10.) Such Agent shall sell at the rate of profit determined by the Selectmen and make report to them annually of his pur- chases and sales and amounts remaining on hand. He shall at any time exhibit to the Selectmen or any Justice of the Peace his bills, receipts and papers of all kinds relating to his dealings. (Id., § 11.) Each Agent shall receive a certificate of his appointment, which shall be recorded with the Town Clerk, and if he vio- late the rules prescribed for him by the law or Selectmen he shall be fined $50, and for any subsequent offense $50 and imprisonment not exceeding 90 days. (Id., § 12.) If a person not a Town Agent sell or keep for sale any spirituous liquor he shall be fined $50, and for a subsequent offense $100 or be im- prisoned not exceeding 90 days, or both. ild., § 13.) If any such person be a common seller of such liquor he shall be fined $100 and be imprisoned not more than six months. (Id., § 14. ) If any such person sell cider in less quantities than ten gallons (except when sold by the manufacturer at the press, or in an un- fermented slate, or lager beer, beer or malt liquors not already prohibited), he shall be fined $10, and for subsequent offenses $50. (Id. , 8 15. ) The delivery of under ten gallons of cider shall be deemed prima facia evidence of sale. (Id., § 16.) If any person solicit orders for liquor to be delivered at any place outside the State for transportation within the State, to be sold in violation of the law. he shall be fined $50 and upon any subsequent conviction $100 or im- prisoned not more than 90 days, i Id.. §18.) If such person go from place to place so solicit- ing orders he shall be fined $100 or imprisoned not more than 90 days. (Id., $ 19.) A Justice or Police Court has jurisdiction to sentence after final judgment if the defendant plead guilty or waive his right of appeal; other- wise he may bind him over to the next term of the Supreme Court. (Id., §;$ 20-22.) In any complaint it shall be sufficient to allege the first offense only, and any process under this chap- ter may be amended on motion. (Id., § 23.) The delivery of liquor in any place used for traffic or place of public resort is prima facie, evidence of sale. (Id., §24.) Exposing signs or bottles with liquor labels, or United States special tax-receipt as a liquor- dealer, in any place of business, is prima facia evidence of violation of the liquor law. (Id., § 25.) No clerk or agent of an accused person shall be excused from testifying on the ground that he might criminate himself, but his evidence shall not be used against him. (Id., § 26.) The Selectmen of every town shall prosecute at the expense of the town any person violating this law, and on neglecting to do so shall be fined not more than *200. But this does not prevent any person from making complaint and prosecuting such cases ; and in any case the prosecutor, whether town, city or individual, is entitled to half of every fine collected. (Id., § 21.) If the husband, wife, parent, child, brother, sister or any near relative, guardian or em- ployer of any person who has the habit of drinking to excess notifies anyone in writing not to sell to such person, the one giving the notice may recover $50 to $500 in damages from the person notified, if he so sells. (Id., §28) Spirituous liquor kept for unlawful sale may be seized upon warrant issued by a Justice or Police Court, and upon due proceedings ad- judged forfeited. If the liquor is adjudged valuable it will become the property of the county and may be sold to Town Agents to sell. (Id., § 29.) Nothing herein shall prevent the sale of domestic wine or cider, except when sold to be drunk on the premises, nor shall it prohibit sales by importers into the United States in the original packages. ( Id. , § 30 . ) If any person be drunk in any public place or in any private place disturbing his family, he shall be arrested and detained until sober and then fined not exceeding $10 or be imprisoned until he discloses the name of the one who sold him the liquor. (Id , § 31.) Parties selling liq- our are responsible for injuries resulting there- from. (Id , § 33 ) Persons permitting their premises to be occupied for illegal selling shall be fined not more than $200. (Id., § 34.) It is the duty of County Solicitors to prosecute al. offenses against this act without delay or indulgence to offenders. (Id, § 35.) No in- dictment shall be found hereunder unless the offense was committed within one year there- before. (Id., §36.) Liquor-sellers illegally selling are exempted from jury duty. (Laws, 1887, c. 44.) Whoever knowingly brings into or transports within the State any intoxicating liquor to be illegally sold or kept for sale, is to be fined $50 or im- prisoned 30 days, or both. (Id , c. 53 ) Any building . . resorted to for ... or used for the illegal sale or keeping for sale of spirituous or malt liquors, wine or cider, is de- clared a common nuisance ; and the Supreme Court upon information filed by the County Solicitor or petition of 20 voters of the town or Legislation.] 32G Legislation. city may enjoin or abate the same (Laws, 1887, c. 77.) An Amendment to the Constitution may be proposed only through revision by a Constitu- tional Convention. Once every seven years the electors shall decide by majority vote whether such a Convention shall be called. Amendments proposed by such a Convention must be ap- proved by two-thirds of the voters voting. New Jersey. Colonial Provisions. — In 1668 persons found drinking after 9 o'clock were apprehended and punished at discretion. (Learning c& Spier, p. 80. ) Drunkenness was fined Is, 2s and 2s 0e?, for the first, second and third offenses respec- tively. (Id., p. 84) Every town was ordered to provide an ordinary, and no person was allowed to sell liquor but the ordinary-keeper under penalty of 10s. (Id., p. 87.) In 1677 selling to Indians was fined 20s. (Id , p. 125.) The charges of ordinary -keepers for liquor were modified. (Id , p 128 ) In 1678 sales to Indians were fined £20, doubled for each subsequent offense (one-third to the informer), with 20 stripes if the offender could not pay. (Id., p. 137.) A law of 1688 provided that ordinary-keepers were to be licensed by two Justices and give bond in £20 to keep orderly houses. Selring without license was fined £10 (one-third to the informer). (Id., p. 317.) Early State Proiisions.— In 1797 an act con- cerning inns and taverns (R. 8., 1821 ', provided for licensing liquor-selling therein upon recom- mendation of resident freeholders. Such licenses to be only as many as were n.eded for accommodation of travelers. The Court of Quarter Sessions was to grant such licenses (upon bond, with two sureties in !$50 each, to obey the law:, and to assess thereon such sum as they thought proper, taking into considera- tion desirability of location. Permitting gam- ing and disorderly conduct and selling to drunk- ards, minors and slaves, were prohibited upon pain of forfeiture of license. The act of 1820 (id., p. 744 1 required the recommendation of 12 freeholders to procure license, and fined un- licensed selling not exceeding §20. Township Local Option (1847). — There were no important additions or changes made to this code, except the Sunday prohibition of 1848 (Laws, p. 183) and the election day prohibition of 1837 (Laws, p. 1013), until 1888. There had been, however, a Local Option law passed in 1847 (Laws, p. 158) giving townships the op portunity to vote for license or no-license, and to vote any year thereafter on the subject upon petition of one fourth of the legal voters. This was repealed the next year (1848) by Laws, p. 150. There were also three or four local Prohibitory acts during this period. The law of 1888, c, 110, provided means for revoking license and for County Option on the question of prohibiting the sale of liquor, on petition of one-tenth of the voters of the county once in three years, and increased the license fee to $100 in townships, and *250 in cities. The Law as It Existed in 1889. — The last act was repealed by Laws of 1889, c. 53. This provided that license to retail should not be granted by any Court or Excise Board except upon payment of $100 in municipalities having less than 3,000 inhabitants, $150 in those having from 3,000 to 10,000. and §150 in larger ones. Selling without license is punished as keeping a disorderly house. (Laws. I889,c.59,§ 1.) Licenses to sell from one quart to five gallons must be obtained in the same way and at the same rates as the retail license. (Id., S3 2, 3.) Upon petition of one-fifth of the voters in municipali- ties wherein licenses are required to be granted by the Court of Common Pleas of the county (this then does not apply to any of the larger cities), the question of a named minimum license fee, not less than required by law to be charged in such municipality, may be sub- mitted to vote of the people therein. Such petition is to be addressed to and granted by the law Judge of the county, the election to be ordered within 30 days, but not to be held within 60 days of any general election, not less than two or more than five months from the making of the order. (Id., § 4.) Three weeks' notice of such election, next pieocding the elec- tion, shall be published in all the newspapers of the municipality, and such other notice given as the Judge shall deem necessary. The election shall be conducted as a general election and re- turn thereof shall be made within five days to the County Clerk. (Id., $5) Ballots shall be " For 8 — license fee," and " Against & — license fee," naming the amount stated in the petition for the election. (Id., § 6) Thereafter no license shall be granted for that place for less fee than that fixed at such election. (Id., § 7.) Such election shall not be oftener than once in three years in the same place. (Id., £ 8.) The Board of Councilmen of any incorporated town in the State shall have power to pass ordi- nances to license, regulate and prohibit the sale of liquor ; to fix the terms of license not k ss than now required by law, and to prescribe penal- ties not exceeding $50 fine or 10 days' imprison- ment for violating any ordinance hereby author- ized. (Laws, 1888, c. 179, § 1 ) Such oidi- nances shall receivefour-fifths voteof the whole number of members of the Council, be laid over to the next meeting and then receive such four-fifths, and each ordinance shall be pub- lished 10 days in a newspaper published in the county, and shall be so posted in 20 places. (Id.. S3.) All fees for licenses granted by the Court of Common Pleas shall be received by the County Clerk and by him transmitted within 30 days to the Treasuries of the respective municipalities in which license is exercised. (Laws, 1889, c. 59, 8 9.) When the holder of a license shall unlawfully sell or allow to be sold within his place any liquor on Sunday, or to any minor or apprentice, or to any person known in the neighborhood to be of confirmed intemperate habits or who is visibly under the influence of liquor, or shall keep a disorderly house, or harbor drunken persons, thieves, prostitutes or other disorderly persons, or suffer gambling or unlawful games of chance or other unlawful acts to be done upon his premises, or violate any law respecting intoxicating liquors, his license shall become forfeited and void. And upon complaint of any Legislation]. 327 [Legislation. three voters of the municipality, upon oath, presented to the licensing authority, alleging such forfeiture and specifying the acts com- plained of, such body shall endorse on such complaint an order that the accused show cause within 10 to 30 days why his license should not be revoked. A copy of such complaint shall be served personally or by leaving the same at the residence, tavern or licensed place of the ac- cused, at least five days before the return of the order. All such complaints shall be heard in a summary way, the burden of proof being upon the complainants, and either party may be rep- resented by counsel. If upon the hearing the defendant is found guilty, his license shall be revoked and he be disqualified to hold one for a year ; if not guilty the order to show cause shall be discharged. The Court making the order to show cause may require the complain- ants to file a stipulation for costs, which must be paid by them if unsuccessful The remedy provided by this section is in addition to other penalties provided by law. (Id. , § 10.) No license shall be granted in any store or place where any grocery-store or other mercantile business is carried on, except in a restaurant or in a place selling tobacco and cigars by retail. Any such person so selling contrary to this section is guilty of keeping a disorderly house. (Id , § 11.) Druggists may retail liquors if in good faith compounded or sold, for" medicinal purposes only, upon physicians' prescriptions (not to be drunk on the premises'. Offending herein is keeping a disorderly house. (Id., §12) Whenever upon any trial under this act it is alleged that any spirituous, vinous, malt or brewed liquor has been sold, it is not necessary to prove the particular kind. (Id., § 13.) If any person has been twice found guilty of keeping a disorderly house, he shall be forever thereafter disqualified from having a license. (Id.. §14.) It was enacted that if any part of the above act should be declared unconstitutional, the rest should stand unaffected. (Laws, 1889, c. 227.) Excise Boards in cities are authorized to transfer or revoke any license granted by them, at their discretion. In case of transfer on the removal of the licensee, there shall be paid a fee of $5. (Laws, 1889, c. 226. ) To prevent viola- tion of the law, such Board in any city may appoint a License Inspector at not exceeding $1,000 per year. (Id., § 2.) Boarding-house keepers are forbidden to sell liquor to be drunk on the premises without a liquor license, upon penalty of fine not exceed- ing $1,000, or imprisonment not exceeding two years, or both. (Laws, 1888 c, 30.) Prosecutions under this act shall be before the Recorder or other police magistrate of the town. (Laws. 1888, c. 179, £ 3.) No intoxicating liquor shall be sold or given in any quantities to any minor under 18 years of age by any dealer in such liquor, nor shall such minor be allowed to lounge in or frequent such premises. (Laws. 1888 c. 196 ) Clerks of the Court of Common Pleas are re- quired to keep records in the minutes of the Court of licenses granted by such Courts, and report to the Court the names of those who re- fuse to take out and pay for their licenses, and thereupon such licenses "shall be revoked. (Rev. Supp., 1886. p. 384, § 5.) Probably the only part of the former law not inconsistent with or practically duplicated by the above summarized laws of 1888 and 1S89. is § 1 of Rev., 1807, p. 486, vesting the ordinary licensing authority in the Court of Common Pleas (except, of course, in cities and places that have licensing boards of their own by charter). Whatever provisions of the old law may upon comparison be found to be operative, are not of importance. An Amendment to the Constitution may be proposed by vote of a majority of the two Houses; to be concurred in by a majority of each House in the next Legislature; a majority vole of the electors carries it. New Mexico Territory. The Law as It Existed in, 1889. — License taxes, half of which shall be for Territorial and half for county purposes, shall be imposed as follows : On all wholesale dealers in intoxicat- ing liquors in quantities of more than five gal- lons, $100 ; on retail dealers, §40 ; brewers, £60; distillers, $200. (C. L., 1884. § 2901.) No officer of any prison shall deliver liquor to any prisoner unless upon certificate of a physician (Id., §471), upon penalty of $25 to $50, and disqualification for his office on second conviction. (Id., £472.) If any other person so deliver liquor to a prisoner he shall be fined $5 to $25. (Id, §841.) If any person sell liquor to a minor without consent of the parent or guardian, or to an in- toxicated person, he shall be fined $5 to s50. (Id., §841.) Selling liquor without license is fined not ex- ceeding $500. (Id., £842.) Adulterating liquor or selling the same is fined $5 to $50. (Id., § 843.) Any saloon-keeper trusting any minor for drinks does so at his own risk ; he has no action therefor. (Id., §852.) Any saloon keeper per- mitting minors to play billiards, cards or any other game on his premises, shall be fined $10 to $100. (Id., § 853.) Selling or giving liquor to minors under 18 years of age. by ODe not the father or guardian, is punished by, fine of $10 to $50, or imprisonment not exceeding 60 days. (Id., § 855.) Delivering liquor to Indians under charge of agents is punished by fine of $20 to *100, or by imprisonment not exceeding three months. (Id.. §856.) Selling on election day is illegal and punished by fine of $25 to $100, or by imprisonment 20 to 30 days (half of the fine to the informer). (14, §* 857-8 ) Selling to any Indians excepting Pueblo Indians is fined $5 to $200. (Id., § 859.) Any saloon-keeper permitting games, cards or dice upon his premises shall be fined $50 to $300. (Id., §881.) Municipal corporations have the right to license regulate or prohibit the sale of liquor and determine the amount of license, and to grant permits to druggists to sell for medical and similar purposes, and to punish sales to Legislation.] 328 [Legislation. minors, insane, idiotic or distracted persons, habitual drunkards and intoxicated persons. (Id., S 1622.) Every husband, wife, child, parent, guardian, employer or other peison, injured in person, property or means or support by any intoxicated person who is a habitual drunKard, or in conse- quence of such intoxication, shall have action against the sellers of the liquor causing the in- toxication, if sucli plaintiff has before given the seller notice not to soil to such habitual drunk- ard. (Laws, 1887, c. 20.) A~ew York. Colonial Provisions. — The Duke of York's Book of Laws, "digested into one volume, for the public use of the territories in America under the government of His Royal Highness, collected out of the several laws now in force in His Majesty's American colonies and planta- tions, published March 1, 1664, at a general meeting at Hempstead upon Lone Island," and there on file, was introduced into Pennsylvania, Sept. 22, 1676. It, with the laws from 1682 to 1700, is published in one volume (Harrisburg, 1879), to which reference is made below. Brewers were required to be skilled in the art, and if any one sold unfit or unwholesome beer, damage might be recovered of him. (Id., p. 13. ) No person should at any time under any pretence or color whatsoever undertake to be a common victualler, keeper of a cookshop or house of common entertainment, or public seller of wine, beer, ale or strong waters by re- tail, or a less quantity than a quarter cask, without certificate of good behavior from the constable and two Overseers, at least, of the parish wherein he dwelt, and license first ob- tained under the hand of two Justices of the Peace, in the sessions, upon pain of forfeiting £5 for every such offense, or imprisonment at the discretion of the Court. ' ' Every person so licensed for common en- tertainment shall have some ordinary sign ob- vious for direction of strangers, within three months after the license granted, under the penalty of 20*. Every person licensed to keep an ordinary shall always be provided of strong and wholesome beer of four bushels of malt, at the least, to a hogshead, which he shall not sell at above %d the quart under the penalty of 20s for the first offense, 40s for the second and loss of his license. It is permitted to sell beer out-of-doors at a penny the ale-quart or un- der. No licensed person shall suffer any to drink excessively or at unreasonable hours, after 9 of the clock at night, in or about any of their houses upon penalty of 2s 6d for every offense if complaint and proof be made thereof. If any quarrel or disorder doth arise from intem- perate persons within their house, the person so licensed, for not immediately signifying the same to the constable or one Overseer at the least, who are authorized to cause the peace to be kept, shall for every such neglect forfeit 10s; and every person found drunk in or about any of their houses shall forfeit 2s M, due for being the author or accessory of the breach of the peace and disorders, or for tippling at un- seasonable hours shall forfeit 10s, and for want of payment, or in case they be servants and neglect their masters' occasions, they shall be sent to the stocks one hour at the least. It shall be lawful, notwithstanding, for all licensed persons to entertain land-travellers or seafaring men in the night season when they come on shore or from their journey, for their necessary refreshment or toward their prepara- tion for their voyage or journey; and also all strangers, lodgers or other persons may freely continue in such houses, when their lawful oc- casions and business doth require, provided there be no disorder amongst them. Every person so licensed for the entertainment of strangers with their horses, shall provide one or more enclosure for summer, hay and pro- vender for winter, with convenient stable room and attendance, upon penalty of 2s tid for every day's default, and double damage to the party thereby wronged. No licensed person shall unreasonably exact upon his guest for any sort of entertainment, and no man shall be compelled to pay above 8d a meal, with small beer, only unless the guest shall make other agreement with the person so licensed. ' ' No license shall be granted by any two Judges in sessions for above the term of one year; but every person so licensed before the ex- piration of the said term shall and are hereby enjoined to repair to the sessions of that juris- diction for renewing their several licenses, for which they shall pay to the Clerk of the sessions 2s 6d, or else they shall forfeit £5 as unlicensed persons. All offenses committed against this law shall be determined by the con- stable with two or more of the Overseers, who are empowered to collect and receive the several fines or distrain in case of non-payment, ren- dering account thereof as is elsewhere required." (Id., p. 30.) Selling or delivering strong liquor to Indians was fined 40s a pint, and in proportion for greater or lesser quantities (one-third to the in- former); except that by way of relief or chanty to any Indian in case of sudden sickness, faint- ness or weariness, the quantity of two drams might be sold or given, provided that the Gov- ernor might license persons to sell such liquor to Indians upon security for their good behav- ior. (Id., p. 32.) No man was hindered from buying for his own private use any quantity of liquors, provided he did' not sell by retail with- out a license. (Id., p. 59.) In 1665 it was provided that inn-keepers should not be obliged to put any particular quantity of malt into their beer, but should not sell it above 2d a quart, or any liquor above 12s a gallon, under penalty of 20s a gallon so sold. If any complaint were made to the officers of a town against selling of liquors at too unreason- able and extraordinary rates, by ordinary-keep- ers or others, such officers had power to give redress. (Id., p. 64.) Selling liquor to Indians, as well as trading with them, was prohibited throughout the gov- ernment (New York), and the law was likewise to be observed which prohibited selling strong liquors to the Indians in Yorkshire on Long Island and dependencies. (Id., p. 75.) Thus far the Duke of York's laws, which were in force from 1676 to 1682 as well in Pennsyl- vania as in New York. Legislation.] 329 [Legislation. In 1697 frequenting tippling-houses was in- cluded as a profanation of the Sabbath and fined 6s. (Baskett's Laws, p. 24.) In 1709 drunken- ness was fined 3s. (Id., p. 89.; In the same year selling liquors to Indians in Albany County was prohibited. (Id., p. 110.) In 1710 an excise was laid on liquor retailed. (Id., p. 125.) An excise was laid of one-eighth of an ounce of silver for each gallon of strong liquors, and one-third of an ounce on every barrel of beer and cider retailed throughout the colony. The Justices or Mayor and Aldermen might agree upon a sum equal to the excise to be paid by the year, and license the retailer, or make him enter into recognizance to pay the excise. In 1712 selling without license was fined £5; to slaves, 40s. (Bradford's Laws, p. 89.) In 1720 imported wine paid 7^ oz. of silver per pipe, and distilled liquor 15 grains per gal- lon. (Id., p. 186.) In 1745 tavern-keepers were not to keep gam- ing-tables, under penalty of £20, nor permit youths, servants, apprentices or journeymen to game, under penalty of £3, and such persons were fined £6 for gaming. (Van Schaack's Laws, vol. 1, p. 253.) Selling liquor to servants and apprentices was fined 40s, and so was taking from them clothes or pawns in payment. And tavern-keepers were not to give credit for over 6s for liquors, except to travellers. (Id., 286 [1750].) In 1772 a license, to be granted by Justices at a cost of 5s, with a penalty of 20s for selling without, was provided for Cumberland County (2 Id., p. 645), extended to Gloucester County (p. 805 [1773]). This was the territory now Vermont. The Excise Commissioners appointed in the act were to impose £1,000 upon the deal- ers in New York City, and the other Commis- sioners were to appoint the several retailers and determine what each should pay, not less than 20s annually, except at the Court House, in Suf- folk County, and not including those retailing not to be drank on the premises. (Id., p. 741 [1773].) Tavern accommodations were pro- vided for in nine counties, but the Justices might make exemptions in places of little re- sort, and forfeiture of license was provided for selling to apprentices, servants or slaves without consent. (Id., p. 798 [1773].) Early State Provisions. — Supervisors of cities, towns and districts, and the Mayor of Albany were to act as Commissioners of Excise, and were to grant licenses to retail liquor at rates of $2 to $4 per month, to be assessed as excise duty, with a charge in each case of 16s as a fee of the Commissioners. The applicant was required to have a certificate of character from the two nearest Justices of the Peace and six substantial freeholders of the place. Selling without license forfeited £10. The Commis- sioners were to determine the prices of liquors, victuals and lodging, which were to be posted conspicuously. (Laws, 1779, c. 17.) Revolutionary Prohibition of Distillation. — In the same year (1779), distillation from grain was prohibited upon penalty of £200 fine. (Id., c. 18.) The Laws of 1780, c. 40, provided that li- censes were to be granted oniy to such as had sufficient ability to keep inns. A bond in £300 conditioned not to suffer cock-fighting or gam- ing was required. Unlicensed selling was fined £100 (half to the informer). A fee of $11 for license and $5 for each recognizance was re- quited to be paid the Commissioners. The act of 1781, c. 27, made the license fee £2 to £8, and reduced the penalty for selling without license to £10 (half to the informer), and the bond to £50. By the Laws of 1784, c. 37, a Commissioner of Excise for New York City and County was to be appointed by the Mayor and Common Council, who was to grant licenses at from £1 to £20.' The act of 1788 (Laws, c. 48) codified and extended the law, repeating former laws. Only taverns necessary to the public were to be li- censed, as before, half the penalties going to the informer. Sale of liquor on Sunday was prohibited, ex- cept to lodgers and travellers. (Laws, 1798, c. 82.) Merchants licensed were not to allow the liquor sold to be drunk where goods were sold, and they were required to keep inns also. (Laws, 1799, c. 78.) The Laws of 1801. c. 164, taxed licenses at $5 to $30, fined illegal sales $25, and made the bond $125. In 1820 Overseers of the Poor were given the authority, and it was made their duty, to prose- cute for penalties under the liquor laws for the benefit of the poor. (Laws, 1820, c. 37.) First Local Option (1845). — The electors of each town or city were to determine the ques- tion of license or no-license by ballot, which vote was to stand until another was taken upon peti- tion of one-fourth of the voters. New York City was excepted. (Laws, 1845, c. 300.) By the Laws of 1846, c. 14, this was changed to an annual vote, at spring elections. These acts were repealed by Laws of 1847, c. 274. If the Overseers of the Poor neglected for ten days to prosecute under the Excise laws, any one might do so. (Laws, 1854, c. 285.) Prohibitory Law a/1855. — Chapter 231 of the Laws of 1855 was a law prohibiting the sale and keeping of liquors for any purpose, except as a medicine or for sacramental, chemical and mechanical purposes. Violators forfeited their liquors. The penalties for keeping liquors were: first offense, $50 fine; second, $100 fine and 30 days' imprisonment; third, $100 to $200 and three to six months. The penalty for sell- ing was $100 fine, imprisonment for 30 days and disqualification to sell afterward. In Wynehamer v. People (13 N. Y., 378) this law was declared unconstitutional, because liquor possessed at the time of the enactment was not excepted from its prohibition, and because jury trials of offenses thereunder might be denied. The Law of 1866. c. 578, was a complete license code for the Metropolitan Police Dis- 1 The license rates given in this paragraph were subse- quently reduced by revision. By the revision of 1828, the license fee was placed at $5 to $30 (1 H. S., 1828, p. 678, § 4), and the penalty for selling without license at $2S. These fees and this penalty were the same in the 4th edi- tion of the Eevised Statutes of 1852, and they remained in force until the enactment of the Prohibitory law of 1855. Legislation. 330 [Legislation. trict, leaving out the requirement^ for tavern ac- commodations. It was repealed in 1870. The Law as it Existed in 1889.— The Law of 1857, c. 628, is still given as law in Burdsaye's edition of the Revised Statutes, 1889, and in Bank's 8th edition. I abstract what is given in the latter at p. 2226, and following, taking the last sections passed where there are conflicting regulations therein. There shall be a Board of three Excise Com- missioners in each municipality. In incorpo- rated villages it shall consist of the President of the Board of Trustees, and two other Trustees, to be designated by the Board itself. (Laws, 1870, c. 175, § 1 ; 8th ed., p. 2235.) In cities the Mayor and Aldermen shall appoint such Commissioners. (Id. , § 2. ) But in New York City these are now, as city otflcers, appointed by the Mayor without confirmation. In Brooklyn the head of the Department of Police and Excise is appointed by the Mayor, with two other Commissioners of Excise to serve with him. (Laws, Brooklyn, p. 49, §§ 1,2.) At the annual town-meetings shall be elected the Commissioners of Excise, one each year. (Laws, 1874, c. 444; 8th ed., p. 2239.) These Commissioners meet on the first Monday of May in each year for the pur- pose of granting licenses, and at no other time, except upon application for license in any town or village not oftener than once a month, and in cities the first Monday of each month, or oftener, if necessary. Licenses expire the first Mon- day in May, except in New York, Brooklyn and Rochester, where they expire a year after their date. (Laws, 1870, c. 175, § 3; 8th ed., p. 2237.) Licenses may be granted for $30 to $150 in towns and villages, and for $30 to $250 in cities. The license must be conspicuously posted in the place of sales. Persons not licensed may sell in quantities not less than five gallons, not to be drunk on the premises. (Id., $ 4.) Licenses do not authorize sales between 1 and 5 o'clock in the morning, and saloons must be closed then. (Id., § 5.) Violations of the liquor laws forfeit licenses, and Excise Boards after hearing shall revoke and cancel the same. (Id., § 8.) In cities of over 150,000 inhabitants, licenses may be granted to those not keeping inns, and those denied license by the Board may apply to a Judge of a Court of record of the city for a writ of mandamus to review the action of the Excise Board, and if the application for li- cense was arbitrarily rejected the Judge may order the Board to issue it. (Laws, 1885, c. 340, § 1; 8th ed., p. 2241.) Such Board may author- ize the removal of the place of the licensed business in such cities. (Id., § 2.) No licensed persons or their agents in such cities may be arrested without warrant, except between 1a.m. and 12 p.m. on Sunday, for violations of the law in the presence of any officer. And such officer may so arrest those engaged in the unlicensed sale of liquor in such cities. (Id , § 3.) Tavern accommodations are required as under the very old laws, except in such cities. (Laws, 1857, c. 628, § 6 ; 8th ed., p. 2229.) Bond in the penal sum of $250 shall be taken that the licensee will not allow disorder or gam- ing. (Id., §7.) There shall be no recovery for liquor sold on credit. (Id., § 10 ; 8th ed., p. 2230.) Licenses to retailers, not to be drunk on the premises, were provided for, with bond in $500 and a $50 penalty for allowing consumption on the premises. (Id., §§ 11-14 ; 8th ed., p. 2230.) Sales to apprentices, knowingly, or to minors under 18 without consent of master or parent or guardian, are fined $10, and sales to Indiana or minors under 14, $25. (Id., § 15 ; 8th ed., p. 2230.) Any officer shall arrest any one violating th • act and take him before a magistrate, who shall tiy him if he so elect, or if the offense be drunk- enness or otherwise shall bind the offender over to the next sessions or to the Oyer and Ter- miner. (Id., § 16 ; 8th ed., p. 2231.) Those found intoxicated in a public place shall be fined $3 to $10, or imprisoned 10 days to six months. (Id., ^5 17.) No one shall sell liquor to an intoxicated person, under pen- alty of $10 to $25. (Id., § 18 ; 8th ed., p. 2232.) Magistrates and Overseers of the Poor, upon complaint of a wife, husband, parent or child, that the husband, wife, child or parent, respect- ively, is a habitual drinker, shall notify dealers not to sell liquor to them for six months, under penalty of $50. (Id., §§ 19, 20.) No one shall sell liquor on Sunday, or within a quarter of a mile of any election on election day, upon penalty of $30 to $200, or imprison- ment five to 50 days, or both. (Id., § 21.) Penalties shall be sued for by the Overseers of the Poor, or where there are none, by the Board of Excise. (Id., § 22 ; 8th ed., p. 2233.1 Every bond under this act shall be filed within 10 days in the Municipal Clerk's office. (Id., § 23.) Whenever there is a breach of such bond, the Excise Board, the Supervisor, Mayor or Trustees of the municipality shall prosecute the same. (Id., § 24.) Whenever any convic- tion or judgment sjiali be obtained against any licensed person, the Court shall transmit a statement of the same to the next Court of ses- sions. (Id., § 25.) The said Court shall on notice proceed to revoke the license. (Id., §26.) Persons whose licenses have been revoked can- not again receive licenses for three years. (Id., §27.) Any person selling to a person to whom sales are forbidden is liable for all damages to the party injured. (Id., § 28.) Courts shall instruct Grand Juries to inquire into violations of this act, or adulterations of liquors, or selling such, the latter being punished by imprisonment three months and fine of $100. (Id., § 29.) Private parties may prosecute under this act after 10 days' notice to those whose duty it is to so prosecute. (Id., § 30 ; 8th ed., p. 2234.) Companies or persons carrying passengers must not employ intemperate persons. (Id., §31.) "Every husband, wife, child, parent, guard- ian, employer or other person who shall be injured in person or means of support by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any per- son, shall have a right of action in his or her name against any person or persons who shall, by selling or giving away intoxicating liquors, have caused the intoxication in whole or in part Legislation.] 331 [Legislation. of such person or persons ; and any person or persons owning or renting or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, shall be liable, severally or jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained and for exemplary damages; and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parent, guardian or next friend as the Court shall direct ; and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises.'' (Laws, 1873, c. 646 ; 8th ed., p. 2239.) Introducing liquor into any poor-house, juvenile reformatory, protectory, house of re- fuge, jail, penitentiary or prison except upon requisition of the medical officer thereof, or the allowing the use of such liquor therein by any officer thereof, except upon such prescription, is a misdemeanor. (Laws, 1880, c. 429; 8th ed., p. 2240.) Selling liquor at State and county fairs, ex- cept in cities of over 500,000 inhabitants, is fined $50 to $500. (Laws, 1888, c. 35; 8th ed., p. 2244.) Allowing children under 16, unaccompanied by parent or guardian, in any place where liquors are sold, or permitting them to play games therein, or selling or giving liquor to such children, is a misdemeanor. (Laws, 1889, c. 170.) An elaborate act regulating wines, ' ' half wines " and made wines, and prohibiting adult- eration of wines, was passed in 1887. (Laws, c. 603; 8th ed., p. 2242.) It does not regulate the making and sale in a restrictive way, but rather the contrary. There is a law requiring scientific temperance instruction in the public schools. (1 Burdsaye's R. S., p. 596, § 287; passed 1887, Laws, c. 30.) An Amendment to the Constitution may be proposed by a majority vote of the two Houses, to be concurred in by a majority of each House in the next Legislature; a majority vote of the electors carries it. North Carolina. Colonial Provisions. — An act concerning tip- pling-houses was passed in 1715, and an addi- tional one in 1770. A duty on liquors was laid in 1734. Persons getting drunk on Sunday were fined 5s; on any other day 2s Gd. In 1741 it was provided that all persons retail- ing liquors should sell the same by sealed meas- ures, according to the act for regulating weights and measures. Persons retailing liquors with- out license were to forfeit £5. The County Court was to judge whether a proposed house was convenient and the keeper responsible, and was to grant or reject the prayer for license. The licensee was to give bond in £30 not to per- mit gaming or suffer any one to tipple more than necessary on the Sabbath. The license cost 25s. Two Justices might suppress the license for violations of law until the next Court, which should continue the suppression or restore the license. The Justices were to fix ordinary rates, which were to be posted in the house, and over-charging was punished by fine of 10s. Keeping a tippling-house contrary to the act was fined £5, or in default 30 lashes, and on the second offense the same fine was imposed, or 39 lashes and imprisonment one month. This act did not hinder merchants or persons from selling not less than a quart to be drunk out of the house. (Swann's Laws, p. 152 [1741].) A revenue act of 1754 (Davis's Revisal, p. 155) laid a duty of id per gallon on imported liquors. The act of 1778 (2 Martin's Laws, p. 122) provided in the same way as above for license at a cost of 20s. Selling without license was fined 48s and to slaves without permit £5. The provision for suppression was omitted. Early Stale Provisions. — By the act of 1798, c. 18, licenses were granted for 40s. Retailing without license was fined 48s. By the last two acts the license was to be granted if the person were not of gross im- morality or of too small means, and it was even provided that upon payment of the license fee there should be no necessity for formal license. In 1825 this tax was fixed by the Revenue act at $4 for retailers, as it was taken to be for tavern-keepers. (R. S., 1857, p. 516, §§ 20, 21.) By the act of 1844 (Laws, c. 86), no free negro or mulatto might sell liquor in any way to any person, under penalty of $10 for the first offense and fine and imprisonment at discretion for a second offense. The Revenue law of 1854 (Laws, c. 37) tax- ed retailers of liquor $20; that of 1856 (Laws, c. 34), taxed them $30, while that of 1858 (Laws, c. 25), taxed liquor brought into the State 10 per cent, ad valorem. In these last two years were passed the first of the local Prohibitory laws; there were but few of them enacted before the Civil War, and none at all during the war; but after the war their numbers increased rap- idly at each session. War Provisions. — An act was passed in 1862 (Laws, c. 10) prohibiting all distillation under penalty of $500 and imprisonment 60 days. This act referred to the ordinance of the Con- vention prohibiting for a limited time the dis- tillation of liquor from grain. It was extended to malting or brewing by Laws of 1864, c. 30. Since the War. — By the Revenue law of 1866 (Laws, c. 21, § 16), the license of retailers was raised to $50. Selling liquor on election days was prohibited by Laws of 1868, c. 26. By Laws of 1881, c. 319, Prohibition of the manufacture and sale of intoxicating liquor was submitted to the people and defeated. The Law as It Existed in 1889. — Every one selling intoxicating liquors or medicated bitters in quantifier of five gallons or less shall pay $50 for six months, to be collected by the Sheriff for the benefit of the school fund of the county ; in quantities of five gallons or more, $100 ; for malt liquors exclusively, $10 for said period. Nothing in this section prevents any person selling spirits and wines of his own manufacture at the place thereof in quantities not less than a quart. Every one wishing to sell liquors shall apply to the Board of County Commissioners for an order to the Sheriff to issue a license, stating the place at which it is Legislation.] 332 [Legislation. proposed to conduct the business. The Board, upon satisfactory proof of good moral character, shall issue such order except in territory where the sale of liquors is prohibited. Counties may levy not more than as much tax as the State does hereunder. All persons licensed shall post their licenses in some public part of their places of business. The license shall be printed as the Treasurer of the State shall pre- scribe, and furnished by the Register of Deeds to the Sheriff. Persons not posting their licenses will be considered doing business with- out license. Licenses taken out after Jan. and July 1 will be subject to the full amount for six months. (Laws, 1889, c. 216, § 32.) Every person bringing liquor into the State to sell shall, in addition to the ad valorem tax on his stock, pay as a license tax one-half of 1 per cent, of such purchases. (Id., § 23.) For selling without license the seller shall forfeit not exceeding $20 per day. (Code, 1883, S 3704.) Any person giving or selling liquor on elec- tion days within five miles of any polling-place at any time within 12 hours next preceding or succeeding any election, or during the holiday thereof (except for medical purposes upon pre- scription), shall be fined $100 to $1,000. (Id., g 2740.) Any person bringing into or selling liquor within the Penitentiary enclosure, not author- ized by the physician for the use of the hos- pital, and the prison officer suffering it, shall be fined not more than $50 or imprisoned not more than 30 day s ; and if an officer, shall be dismissed. (Id., § 3440.) Selling liquor (except by licensed dealers at their regular places of business) within a mile of and during the progress of divine service, is fined $20. (Id., § 3671.) Liquor shall not be sold within four miles of Chapel Hill. (Id., §§ 2640-3.) All wines made from fruit raised in the State may be sold in bottles corked up, in any quan- tities, not to be drunk on the premises, but must not be sold to minors ; nor may wines mixed with spirituous liquor be so sold. (Id., § 3110.) Notice of all applications to the General As- sembly to prohibit the sale of liquor or to re- peal Prohibitory local laws within the limits specified, shall be posted at four public places within those limits for at least 30 days before the application shall be forwarded to the General Assembly. (Id., § 3111.) In all cases where Prohibition is asked for a greater dis- tance from a common center than two miles, the question shall be decided by the votes accord- ing to this chapter. (Id., § 3112.) The County Commissioners, upon the petition of one-fourth of the voters of any county, town or township, shall order an election to be held on the first Monday in June in any year to ascertain whether spirituous liquors shall be sold therein; but such election shall not be held oftener than once in two years. (Id., § 3113; amended by Laws of 1885, c. 336, and Laws of 1887, c. 215, § 1.) Such election shall be held under the general election law. (Code, 1883, § 3114; see Laws, 1887, c. 216, § 2.) At such election ballots shall be "Prohibition" and "License," respectively (Code, 1883, § 3115.) If Prohibition carries, no license shall be grant- ed in such limits until the vote is reversed, pro- vided that liquor-dealers shall have six months in which to close out their businesses, if their li- censes shall remain so long in force. (Id., § 3116; amended by Laws of 1887, c. 215, § 3.) If in a county election the vote is in favor o£- license, that result shall not operate to permit sale in any township, city or town where it is prohibited by law, unless that place cast a ma- jority of votes for license. (Code, 1883, § 3117.) No druggist shall sell or dispose of any in- toxicating liquor except for medical purposes upon prescription of a practicing physician known to such druggist to be reputable, and no physician shall give a prescription to a drug- store in which he is financially interested. Any druggist or physician violating this section shall be guilty of a misdemeanor and fined or im- prisoned at the discretion of the Court. (Laws, 1887, c. 215, § 4.) If anyone adulterate liquor or sell such liquor he shall be fined or imprisoned, or both, at the discretion of the Court. (Code, 1883, § 982.) Any citizen after purchasing liquor may cause the same to be analyzed, and if found to contain any foreign poisonous matter it shall be prima facie evidence against the party making the sale. (Id., § 983.) Any per- son offering to sell any recipe for adulterating liquor shall be punished as above at discretion. But druggists, physicians and persons engaged in the mechanical arts may adulterate liquor for medical and mechanical purposes. (Id., §984.) If any person shall retail liquor in any other manner than is prescribed by law, he shall be guilty of a misdemeanor and punished at the dis- cretion of the Court. (Id., § 1076.) Dealers selling to unmarried minors know- ingly are guilty of misdemeanors. (Id., §1077.) ' The father or (if he be dead) the mother, guard- ian or employer of such minor has a right to a civil action against the seller for damages not less than $25 and for exemplary damages. (Id., § 1078.) Selling liquor within two miles of public political speaking is fined $10 to $20. (Id., § 1079.) If anyone sells liquor on Sunday except upon a physician's prescription he is guilty of a misdemeanor and may be punished at the dis- cretion of the Court. (Id., § 1117.) The Sheriff shall lay before the Grand Jury as soon as it assembles a list of the persons licensed to retail liquor within two years. (Id., §1087.) An Amendment to the Constitution may be proposed by a three-fifths vote of the two Houses, at one session ; popular vote to be taken at the next general election for Representatives. A majority vote carries it. North Dakota. Present Law (1890). — No person, association or corporation shall within this State manufac- ture for sale or gift any intoxicating liquor, and no person, association or corporation shall import any of the same for sale or gift, or keep or sell or offer the same for sale or gift, barter Legislation.] 333 [Legislation. or trade, as a beverage. The Legislative As- sembly shall by law "prescribe regulations for the enforcement of the provisions of this article, and shall thereby provide suitable penalties for the violation thereof. (Const., art. 20, § 217.) The Prohibitory law passed by the first Leg- islature of the State, to go into effect July 1, 1890, is substantially as follows: Any contravention of the Constitution as above is punished for the first offense by fine of $200 to $1,000 with imprisonment 90 days to one year; for subsequent offenses by imprison- ment one to two years, being a felony. But registered pharmacists may sell intoxicat- ing liquors for medicinal, mechanical and scientific purposes, and wine for sacramental purposes, as hereinafter provided. (§ 1.) Sell- ing for such purposes is unlawful until a drug- gist's permit therefor is procured from the County Judge. This he may grant if the person is of good character and can be entrusted with the responsibility. The applicant must file a petition signed by 25 reputable freeholders (voters), and 25 reputable women over 21 years old, residents of the town, village, township or city. He gives bond in $1,000 to obey the law. Any permit so granted must be re- voked upon hearing the same as when granted, and upon petition of the same number of per- sons. If the County Judge wrongly issues such a permit he shall be fined $500 to $1,000, and if any signer of a petition for a permit knows its statement to be false he is fined $50 to $100. (Id., §2.) Any physician, when a pa- tient is absolutely in need thereof, may give a prescription for liquors for him, and giving it otherwise is punished by fine of $300"to $800 with imprisonment 30 days to six months. (§4.) Sales by permit-holders are made upon printed affidavits minutely specifying the in- tended uses (only one sale to be made upon one affidavit), the affidavits themselves being offi- cially furnished and duplicates kept, so as to check sales. Persons making such affidavits falsely are imprisoned as for perjury six months to two years. And if one sign a false name he is guilty of forgery in the fourth degree and imprisoned one to two years. Re-selling liquors obtained upon affidavit is punished by fine of $100 to $500 with imprisonment 30 to *90 days. Any druggist holding a permit who fails to make the record of sales for inspection required, or falsely sells an affidavit, or fails to return the affidavits, or illegally sells, is fined $200 to $1,000 and imprisoned 90 days to one year, and disqualified to have a permit again for five years. (§ 5.) All spirituous, malt, vinous, fermented or other intoxicating liquors or mixtures thereof that will produce intoxication are held to be in- toxicating liquors. (§ 6.) It is the duty of all officers to notify the State's Attorney of all violations of this law, with names of witnesses; if they do not they shall be fined $100 to $500 and forfeit office. (§8.) If the State's Attorney is so notified of or is cognizant himself of any such violation, he shall investigate the matter, calling witnesses, and prosecute thereupon; and if the State's Attorney fail therein any Justice may proceed to so collect evidence and lay it before the' State's Attorney, who shall thenprosecute. (§ 9.) If it is disclosed that any liquor is kept any- where for illegal sale, warrant shall issue for search and seizure. (§ 10.) Fines and forfeitures hereunder go to the liquor prosecution fund. State's Attorneys fail- ing in their duty hereunder shall be fined $100 to $500 and imprisoned 30 to 90 days, and for- feit their offices ; and whenever any State's Attorney fails or neglects his said duty, the Attorney-General shall undertake the duty. (§ 12-) Places where liquors are sold or kept in viola- tion of law are nuisances, and upon establish- ment of the fact shall he abated. Injunction may be granted at the beginning of the action. Violating such injunction is punished as illegal selling. On such contempt proceedings the defendant may be required to make answer to interrogatories and will not be necessarily dis- charged upon his denial of the facts stated in the moving papers. (§ 13.) Pull civil damages are given. (§§ 14, 15.) Members of clubs to use or distribute liquors are punished about the same as those making unlawful sales. (§ 16.) Giving away liquor and evasions of the law are deemed unlawful selling. (§ 17.) Fines and costs are liens upon the property upon which the unlawful traffic was conducted, with the knowledge of the owner thereof. (§ 18.) Any person may employ an attorney to assist the State's Attorney in his duty, and such em- ployed attorney shall be recognized as associate counsel. (§ 20.) Suspension of judgment for reason as for per. fecting appeals may be entered in the hand, writing of the Judge. (§ 21.) Pleading and evidence are simplified and ex- tended in § 22. The Grand Jury is to be charged with this act specially. (§ 23.) Druggists may be notified not to sell to habitual drunkards. (§ 24.) Treating or giving liquor to a minor, except by his father, mother, guardian or physician, is punished as unlawful selling. Officers or agents of carriers are punished for carrying liquor to be sold contrary to the act, by fine of $100 to $500, with imprisonment 30 to 60 days. (§ 26.) Persons arrested for violation of this act, giving bond and forfeiting it, upon being sur- rendered to Sheriff, shall be committed for de- fault of costs not over six months. (§ 27.) Payments for liquor may be recovered and debts therefor are void. (§ 30.) An Amendment to the Constitution may be proposed by a majority vote of the two Houses; to be concurred in by a majority of each House in the next Legislature; upon submission to tha people a majority vote of the electors carries it. Ohio. Early Provisions. — The sixth law of Ohio Territory punished drunkenness by a fine of five dimes, second offense $1 ; on default in either case the penalty was an hour in the stocks. (Chase's Statutes, c. 6, § 20 [1788].) Legislation.] 334 [Legislation. In 1790 the penalty for furnishing liquor to Indians was $5 for every quart; for less than a quart, $4 (half to the informer). (Id., c. 11.) Selling liquor to United States soldiers, without order from an officer, was fined $3. (Id., c. 13.) Selling ardent spirits of any kind without license was fined $5 (half to the informer). Commissioners appointed by the Governor in each county had power to establish public inns and taverns, and also to grant licenses to retail- ers of spirituous liquors, and they might license such as the Justices in general quarter sessions should recommend as personally qualified, and having premises situated for the accommoda- tion of travellers and citizens ; license fee, $16. The Justices, upon complaint and hearing, might annul a license for neglect of duty to provide tavern accommodations or for allowing gaming, unless the licensee gave bond in $100 to obey v the law and keep order. Licensees could not collect bills for over $2 for liquors retailed. (Id., c. 24 [1792].) In 1795 licenses were to be granted by the Governor on the same recommendation and conditions, bond of $300 to be given to keep order and observe the law ; and licensees were not to harbor minors or servants, or sell to slaves, upon penalty of $3. (Id., c. 51.) In 1800 such licenses were to be grauted only upon recommendation of 12 freeholders of the county to the Justices of Sessions. The penalty for selling without license was raised to $20. The provision for revocation for disorder was continued, and the license tax was to be $4, $8 or $12, according to advantages of location. (Id., c. 132.) In 1804 licenses were granted by the Associate Judges of the county, after advertisement 30 days, at prices to be fixed by them. The penalty for not complying with the act was a fine not exceeding $50. The only other prohibition was against disorder and gaming, which was fined not exceeding $20, with forfeiture of license and disqualification one year. (Id., c. 59.) In 1809 tavern-keepers selling liquor to In- dians were fined $5 to $100 and forfeited what they received for it, to be restored to the In- dian. (Id., c. 194.) Tavern-keepers permitting sporting, gaming, disorder, revelling or drunk- enness were fined not exceeding $20, forfeited their licenses and were disqualified to receive new licenses for a year. The retailing of cider and beer was made free. (Id., c. 196.) License was to be granted by the Court of Common Pleas, and the fine was to be fixed by the County Commissioners. (Id., c. 222.) In 1818 tavern license was to be granted upon recommendation of 12 landholders of the neighborhood, upon payment of $5 to $30. The penalty for selling without license was a fine not exceeding $20 ; for allowing disorder and drunkenness, not exceeding $50, with sus- pension of license four months. Tavern-keepers could not collect bills for liquors retailed in excess of 50 cents. (Id., c. 434.) By Id., c. 487 (1819), the penalty for selling without license was made not exceeding $100, the other provisions being re-enacted. By Id., c. 565 (1822), neither recommendation nor ad- vertisement was needed to secure a renewal, but both were necessary in applying for a new license. The act of 1823 (Id., c. 631) made no material change in the law which was, how- ever, re-enacted. In 1830 selling liquor on Sunday was fined $5 ; selling in other places than licensed houses within one mile of a religious gathering was fined $20. (Id., c. 834, §§ 2-10.) The recommendation of freeholders for li- cense was dispensed with, but advertisement of application was still required, such applica- tion being necessary to obtain a renewal as well as a new license ; but upon remonstrance of 10 freeholders the licensing Court was to decide. The price of license was $5 to $50 ; the penalty for selling without license $5 to $100. (Id., c. 857.) Partial Prohibition, of Spirits (1839). — " No tavern license hereafter granted shall be con- strued to authorize the sale of spirituous liquors in any other than the common bar of the tavern ; and any tavern-keeper who shall, either in the basement of the building occupied by him as a tavern, or in any shop or room at- tached to the same, or in any other place than the barroom attached to the same, or in any other place than the barroom usually occupied as such for the reception of travellers, sell spirituous liquor by less quantity than one quart, or to be drank at the place where sold, shall be subject to the same penalties as though he had no license whatever." (Laws, 1839, p. 54, March 16.) In 1841, (Laws, p. 53) each and every act con- ferring power upon any municipal corporation to license groceries or coffee-houses or in any manner to authorize the sale of intoxicating drinks, was repealed. By Laws of 1844, p. 8, whenever any re- monstrance against the granting of any license was made, whether it should contain any state- ment of facts other than general dissent of the remonstrants or not, and whether any testimony were offered by the remonstrants or not, the Board might grant or refuse license at discre- tion. Township Local Option, Constitutional Anti- License, and Prohibitum of Sales of Liquor for Consumption on the Premises (1846-54). — Town- ship Local Option was given to 10 counties by Laws of 1846, p. 39. The submission clauses were repealed in 1847. (Laws, p. 33.) Retailing spirituous liquor to be drunk on the premises was prohibited altogether by Laws of 1850, p. 87, upon penalty of $5 to $25 for the first offense, $5 to $120 for the second, and $5 to $150 for the third. But this act excepted selling for medicinal and pharmaceutical pur- poses. Section 18 of the schedule, Constitution of 1851, was submitted and adopted separately. It is: "No license to traffic in intoxicating liquors shall hereafter be granted in this State, but the General Assembly may, by law, provide against evils resulting therefrom." The act of 1854 (Laws, p. 108) prohibited adulteration of liquors under penalty of $100 to $500 and imprisonment 10 to 30 days. And the laws of that year (p. 153) re-enacted with amplifications the law against selling to be drunk on the premises, adding prohibitions against selling to minors and intoxicated per- Legislation.] 335 [Legislation. sons. It declared such places nuisances and gave full civil damages. It made it unlawful to become intoxicated. It made the penalty of unlawful selling $20 to $50 and imprisonment 10 to 30 days, and provided somewhat fully for legal procedure. This was the Adair law. The Laws of 1859, p. 173, reduced the penalty for selling to $5 to $50 or imprisonment 10 to 30 days, and excepted from the prohibition do- mestic wine, beer, ale and cider. Selling on election day was prohibited, and the duty of enforcing the prohibition devolved on the municipalities, by Laws of 1864, p. 24. Sales to minors and intoxicated persons were again prohibited under penalty of $10 to $100 or imprisonment 10 to 30 days, or both, by Laws of 1866, p. 149. The Laws of 1870 (p. 101), elaborated the civil damage sections and made them include the owner of the real estate used for the business. The Law of 1875, p. 35, made provision for previous notice not to sell to the person in ques- tion, in order to obtain civil damages from the seller, but provided very elaborately for such notice. Smith Sunday Law, Pond Law and Scott Law (1881-3).— The celebrated Smith Sunday law, as originally enacted in 1881 (Laws, p. 126) pro- vided that anyone selling or bartering any liquor on Sunday except upon a physician's prescription should be fined not more than $50. As amended in 1882 (Laws, p. 128) it provided that all liquor places should be closed on Sun- day under penalty of $100 fine and imprison- ment not exceeding 30 days. It was weakened by the Scott law of 1883, with the proviso that municipal corporations might regulate the sale of beer and native wines on Sunday by ordinance. The Pond law (Laws, 1882, p. 66) imposed a tax of $100 to $300 on every person engaged in the traffic in intoxicating liquors, and provided that every such person should give bond to comply with the act. It was held in State v. Hipp (38 O. St., 199) that this requirement of a bond was a virtual license, contrary to the arti- cle of the Constitution. This law was re-enacted in the Scott law (Laws, 1883, p. 164) without, the obnoxious pro- vision, but providing that the tax was a lien on, the premises occupied. This law was held con- stitutional in State v. Frame (39 O. St., 399), but in Butzman v. Whitbeck (42 O. St., 345) it also was declared to amount to a virtual license pro- vision by reason of the lien imposed. Submission of Constitutional Amendments (1883).— By Laws of 1883, p. 384, were submit- ted two propositions to amend the no-license article in the Constitution. One left the Legis- lature free to pass license laws, the other sub- stituted a regular Prohibition of the manufac- ture and sale of intoxicating liquor to be used as a beverage. It was provided that the sub- mission should be at a general election, and if either proposition received a majority of the votes cast at the election it should be adopted. Neither proposition received such majority. The Law as It Existed in 1889.— The Dow law of 1886 (p. 157; amended by Laws of 1888, p. 116), re-enacted the Scott and Pond laws, with some changes designed to eliminate the unconstitutional provisions above noticed. Upon the business of trafficking in intoxi- cating liquors shall be assessed yearly $250. (R, S., 1890, § 8892.) Said assessment shall be a lien on the property upon which the business is conducted and shall be paid at the time of paying other taxes. (Id., § 8893.) When such business is commenced after the fourth Monday of May, said assessment shall be pro- portionate in amount to the remainder of the year, but it shall not be less than $25 ; and whenever business is discontinued during the year a proportionate amount of the tax, if not less than $50, shall be refunded. (Id., § 8894.) In case of refusal or neglect to pay this tax the amount shall be levied and made upon the goods and chattels used in the business, and what cannot be thus made shall be added to the tax on the real estate occupied. (Id., § 8895.) If any person refuse to give information of his said business or to sign the Assessor's return of the same, his assessment shall thereupon become $400. (Id., § 8896.) The Auditor shall make duplicates of such assessments and deliver a copy to the County Treasurer (Id., § 8897), who shall collect them and account to the Auditor therefor. (Id., § 8898.) The phrase "trafficking in intoxicating liquors" means the buying, procuring and selling of such liquors except upon physician's prescription, or for mechanical, pharmaceutical or sacramental purposes, but does not include the manufacture of liquors from the raw material and sale thereof at wholesale at the manufactory. (Id., § 8899.) Of the revenues and fines resulting under this act, two-tenths shall go to the State, six-tenths to the municipality and two-tenths to the county poor fund. (Id., §8900.) The sale of intoxicating liquor on Sunday, except by a druggist upon prescription, is de- clared unlawful; and all places where liquor is sold, except regular drug-stores, shall be closed on that day upon penalty of $25 to $100 and imprisonment 10 to 30 days. In regular hotels and eating-houses, the word "place" herein used shall mean the room or part of a room where liquors are sold. Any municipal corpor- ation shall have full power to regulate, restrain and prohibit ale, beer and porter-houses or other places where intoxicating liquor is sold. (Id., § 8902.) Whoever sells liquor to a minor, except upon written order of his parent, guardian or family physician, or to a person intoxicated or in the habit of getting so, shall be fined $25 to $100 and imprisoned from five to 30 days. (Id. , § 8903. ) The abrogation or repeal of any section or clause of this law shall not affect any other section or clause thereof. (Id., § 8904.) In the Dow law as enacted in 1886, after the prohibition to sell on Sunday, it was provided that nothing therein prohibited the Council of any municipal corporation from regulating the sale of beer and native wine on that day as it saw fit. The Dow law was upheld as constitutional and not tantamount to a license in Adler v. Whitbeck (44 O. St., 539). Whenever one-fourth of the qualified electors of any township, outside of any municipal cor- poration, shall petition the Trustees therefor, Legislation.] 336 [Legislation. the Trustees shall order an election to deter- mine whether the sale of liquor as a beverage shall be prohibited therein. A record of the result of such election shall be kept by the Township Clerk in the record of the proceed- ings of the Township Trustees, and shall be evidence that selling after 30 days from the election is unlawful. (R. S., 1890, § 8906.) Ballots shall be "Against the sale" and " For the sale." Selling after Prohibition is adopted is punished by fine of $50 to $500 and impris- onment not exceeding six months. This does not apply to manufacturers and sellers of cider and domestic wine not in a place where sold as a beverage, or to druggists selling for the ex- cepted purposes. (Id., §8907.) Another elec- tion unJ;r tli2 act may be had after two years. Liquor places shall be closed and no sales made from 13 p. M. to 6 A. m. in Cincinnati, upon penalty of not over $100 and imprison- ment 30 days or both. (Id., § 8913.) Instruction as to the effect of alcoholic drinks and narcotics on the human system is required in public schools, but may be by oral instruc- tion only, and without the use of text-books. (Id., § 8917.) No certificate to teach in the common schools shall be granted to any person who does not pass a satisfactory examination as to the nature of such drinks and narcotics and their effects upon the system. (Id., § 8918.) Any teacher neglecting to give such instruction Bhall be dismissed. (Id., § 8919.) All cities and villages have power to regulate ale, beer and porter-houses and shops. (Id., § 1692.) All incorporated villages having a college or university within their limits may provide by ordinance against the evils resulting from the sale of liquor. (Id., § 1692, b.) The Mayor of any city or village, shall, three days previously to election day, issue a procla- mation setting forth the law prohibiting the sale of liquor on that day, and such Mayor shall take proper measures to enforce the same. (Id., § 1838.) Any person disposing of liquor within one mile of any parade-ground or encampment of the militia may be put under guard by the commandant and turned over to the local officers. (Id., § 3079.) Any officer shall, upon view or information, apprehend any person selling liquor within two miles of where agricultural fairs are held and seize the booth, stand, or thing at or from which the liquor is being sold, which articles shall be bound for the payment of costs and fines. (Id., §§ 3712-13.) Inspection of liquor is provided for by Id., §S 4277, 4327, 4333. Whoever by the sale of liquor causes intoxi- cation shall pay a reasonable compensation for taking care of such intoxicated person and $1 per day besides. (Id., § 4356.) Every husband, wife, child, parent, guardian, employer or other person injured in person, property or means of support by intoxication, having given notice, has a right of action for damages sustained, and exemplary damages against those who, by selling the liquor, caused such intoxication. (Id., § 4357.) Any person liable to be injured by the intoxication of any one, and desiring to prevent it, shall give a notice to the sellers, either verbally or in writ- ing, before a witness, or file with the Township or Corporation Clerk notice to all liquor-deal- ers not to sell liquor to a named person after 10 days. (Id., § 4358.) Such notice so filed shall be entered in a book open to public inspection, and may be erased by the person giving it. (Id., § 4359.) It shall inure to the benefit of all per- sons interested, the same as if a notice had been served on each. (Id., § 4360.) The unlawful sale of liquor works forfeiture of all rights of a tenant upon premises where it takes place. (Id., § 4361.) Any saloon-keeper who publishes the t'act that any such notice has been given him shall be fined $10 to $50. (Id., § 4361.) If a person rent premises for the sale of liquor or permit their use for such purpose, they shall be held liable for all fines, costs or damages assessed against the person occupying the same. (Id., § 4364.) Whoever is found in a state of intoxication shall be fined $5. (Id., § 6940.) A keeper of a place where intoxicating liquors are sold in violation of law shall be fined $50 to $100 or imprisoned 10 to 30 days, or both, and the place shall be deemed a common nuisance and be ordered abated. (Id., § 6942.) Whoever buys liquor for an intoxicated person or habitual diTinkard, or a minor unless given by a physician, shall be fined $10 to $100 or imprisoned 10 to 30 days, or both. (Id.. §6943.) Selling liquor within four miles of any re- ligious assemblage or harvest home festival, or a Grand Army, Sons of Veterans' or Union Veterans' celebration, shall be fined $10 to $100. (Id., § 6945.) Selling liquor within 1,200 yards of Columbus, Dayton, Athens or Toledo Asy- lums for the Insane, Soldiers' and Sailors' Home, or of the Institution for Feeble-Minded Youth, or the Ohio Soldiers' and Sailors' Orphans' Home, or within two miles of the Boys' Indus- trial School south of Lancaster, or within two miles of an agricultural fair, or within one mile of any county Children's Home situate within a mile of any village or city in which selling is prohibited by ordinance, shall be fined $25 to $100 or punished by imprisonment not more than 30 days, or both, and the place of sale shall be abated as a nuisance. (Id., § 6946.) Selling within one mile of the Soldiers' and Sailors' Home near Sandusky is so punished. (Id., § 6947.) Whoever conveys liquor into a jail, or having charge of a jail permits a prisoner to receive liquor except as a medicine, shall be fined $10 to $100 or imprisoned 10 to 30 days. (Id.,§ 6947.) No liquor shall be sold and saloons shall be closed election days, upon penalty of a fine of not more than $100 and imprisonment not more than 10 days. (Id., § 6948.) Adulterating liquor or selling such is punished by fine of $100 to $500 and imprisonment 10 to 30 days. (Id., § 6950.) Giving liquor to a female to induce illicit in- tercourse is punished by imprisonment from one to three years. (Id., § 7023 a.) Treating with liquor to influence votes is fined $100 to $2,000 or punished by confinement not more than three years in the Penitentiary. (Id., § 7065.) Legislation.] 337 [Legislation. An Amendment to the Constitution may be •proposed by vote of three-fifths of the two Houses, at one session; popular vote to be taken at the next general election for Representatives, six months' notice to be given; a majority vote of all the electors voting at such election is necessary to carry it. Oklahoma Territory. Lying wholly within Indian Territory, Okla- homa, upon being opened to white settlers in 1889, was subject to the absolute and stringent regulations of the Federal Government, prohib- iting the liquor traffic in all its forms within the "Indian country." In March, 1890, Congress passed an act pro- viding that the general statutes of the Stale of Nebraska should be in force in Oklahoma until the Legislative Assembly of that Territory should meet and enact laws, except that the Prohibitory regulations relating to the liquor traffic should be retained and be operative dur- ing the interval. Oregon. Territorial Prohibition (1844). — Oregon's first liquor legislation, under her Territorial Govern- ment, was Prohibitory. It was provided that if any person should import or introduce any ardent spirits, with intent to sell the same, he should be fined $50. If any person should sell such liquor, he had to pay a fine of $20. If any person established a manufactory or distil- lery of the same, he was to be indicted for a nuisance and fined $100, and the apparatus was to be destroyed. Sheriffs, Judges, Constables, Justices of the Peace and other officers were to give notice of any violation of this act to some Justice or Judge, who was to issue warrant for the arrest of the person, who, if guilty, was to be bound over to the next Court. This was not to prevent physicians from selling liquor for medicine, not exceeding a gallon at a time. {Comp. Laws, 1849, p. 94 [passed June 24, 1844, by the Legislative Committee].) The act of 1845 strengthened the above verb- ally, provided for search and seizure for illicit manufacture, allowed half of all fines to inform- ers and reduced the quantity physicians might sell to half a pint. (Id., p. 34.) Selling liquor to Indians had previously, in 1843, been prohibited, under penalty of $100 to $500. (Id., p. 167.) An act of 1847 proposed that the word "reg- ulate " in the organic law be stricken out, and that where the same occurred in the passage "to pass laws to regulate the introduction, manu- facture and sale of ardent spirits," the word "prohibit" be inserted. (Id., p. 44.) This was not adopted. The "organic law" was practi- cally the Constitution of the Territory. License Act of 1849, and Subsequent Measures. — Bv act of 1849, grocery licenses were to be issued by the Probate Court for not less than $200, upon bonds given in $800 to keep orderly houses and not allow gaming, fines of $50 to $500 being provided for offenses. This license act did not authorize sales of less than a quart, such sales being prohibited under penalty of not exceeding $400. (G. S., 1850, pp. 157-8.) In 1853 retailing liquor without license was prohibited. The license fee was made $100 per annum. The penalty for selling without license was a fine of $50 to $200. And sales on Sun- day were prohibited on penalty of $10 to $25. (Laws, 1853, p. 500.) In 1874 selling on election day was punished by fine of $25 to $200 or imprisonment 10 to 30 days. (Laws, 1874, p. 72.) Selling to a minor without consent in writing of a parent or guardian was prohibited under penalty of fine not exceeding $100 or imprison- ment not exceeding six months, or both, with forfeiture of license. (Laws, 1876, p. 4.) In 1885 (Laws, p. 490) a Prohibitory Amend- ment was proposed and provision for an elec- tion thereon made by Laws of 1887, p. 70. The Amendment was defeated. By Laws of 1885, p. 25, and Special Sess., 1885, p. 38, a license law was passed in form like the first above-named law and almost identical with the existing law given below, except that it applied to cities. That lav was declared unconstitutional so far as it applied to cities chartered, and doubt was expressed as to its validity generally on account of irregularities in its passage through the Legislature. (State v. Wright, 14 Or., 365.) The Law as It Existed in 1889. — No person shall sell intoxicating liquors in less quantity than one gallon without obtaining a license from the County Court. (Laws, 1889, p. 9.) Every person shall pay for such license $400 per year or $200 for malt liquors only, and in the same proportion for a less period. (Id., § 2.) • Any person applying for license shall exe- cute a bond to the county in $1,000 to keep an orderly house, permit no gaming, not to open on Sunday, and not to give or sell liquor to minors or habitual drunkards or persons in- toxicated ; and in case of violating his bond he shall be liable to be fined $50 to $200 and to prosecution as prescribed. (Id., § 3.) Applicants for license shall obtain the signa- tures of an actual majority of the whole num- ber of legal voters in the precinct in which they wish to do business, to a petition to grant the license. Such number of names must be equal to a majority of all the votes cast at the last pre- ceding general election, and shall be more than the number signed to.any remonstrance against granting the license. (Id., § 4.) The applicant must at his own expense cause the petition, together with notice of the day he will apply for license, to be published four weeks in any daily or weekly paper of the county, or if there is none, he must post in three places in the pre- cinct. (Id., § 5.) On the applicant's produc- ing to the County Court the receipt of the Treasurer for the fee and proof of compliance with the preceding provisions, the County Court may give him a license. (Id., § 6.) It is the duty of the Prosecuting Attorney, Sheriff, Constable and Justices of the Peace to make complaint of violations of this act, and it is also the duty of the County Clerk to prose- cute the bonds given by licensees under this act for violations of the conditions of the same. (Id., § 7.) Every County Clerk shall on the first day of the term of the Circuit Court deliver to the Grand Jury a list of licensed persons, showing Legislation.] 338 [Legislation. dates of obtainment and expiration of licenses. (Id., § 8.) If any person sell liquor without license he shall he fined $200 to $400. (Id., § 9.) It is the duty of the Grand Jury at every term of the Circuit Court to make strict in- quiry and return hills of indictment against every person violating this act. (Id., § 10.) Nothing in this act applies to incorporated towns and cities, and nothing is to be construed to affect the right of owners of vineyards to sell their products in quantities not less than a quart. (Id., § 11.) Selling or giving liquor to minors, or permitting them to loiter about a place where liquor is sold, is punished by fine of $50 to $300 or imprisonment not exceeding one year, or both, and forfeiture of license. (Code, 1887, § 1913.) Selling to persons in- toxicated or in the habit of becoming so forfeits $100. (Id., § 1914.) Disposing of liquor within half a mile of fair grounds is fined $10 to $100. (Id., §1915.) On repetition of the offense double that penalty is charged. (Id., § 1916.) These two sections do not apply to persons regularly licensed in the business, and the prohibition extends only for two days prior and subsequent to the holding of the fair. (Id., § 1917.) No prison officer shall give or suffer to be de- livered to any prisoner any liquor without a physician's certificate, on pain of forfeiting $25. (Id., § 3972.) Other persons so delivering are fined $15. (Id., § 3973.) An Amendment to the Constitution may be proposed by majority vote of the two Houses ; to be concurred m by a majority of each House in the next Legislature ; a majority vote of the electors carries it. Pennsylvania. Colonial Provisions. — Under the Dutch ad- ministration a small excise was laid on liquors imported, and the sale of liquor to Indians was . forbidden in 1655. (Laws, 1676 to 1700 ; Harris- burg, 1873, p. 431.) The Duke of York's "Book of Laws" (for which see New York) was in force in Pennsylvania from 1664 to 1682 ; in 1682 the " Great Law, or Body of Laws," was enacted at Chester. Drunkenness was fined. 5s ; second offense, 10s. (Id., p. Ill, c. 12.) Those permitting it at their houses were fined the same. (Id., c. 13.) Drinking healths was fined the same. (Id., c. 14.) Selling to Indians was fined £5. (Id., c. 15.) So was keeping an ordinary without license from the Governor. (Id., p. 138, c. 97.) Ordi- naries might be suppressed by the county ses- sions for disorder. (Id., p. 172, c. 169.) In 1710 licensees had to be recommended by the Lieutenant-Governor, upon recommenda- tion of County Courts, upon payment of £3 40s and 30s. Selling without license was fined £5, and suffering disorder, drunkenness or gaming was fined 40s, with suppression of license for the second offense. (Bradford's Laws, p. 95.) Local Option in the Vicinity of Furnaces (1725). — In 1725 licenses could be procured in the vicinity of a furnace only by permit of a majority of the owners of the furnace. (Id., p. 325.) Distillation of Grain Prohibited (1778). — In 1778 distillation from grain was prohibited for a limited time. (McKean's Laws, p. 160.) Early State Provisions. — In 1783 the rates of tavern licenses were doubled. (Laws, 1783, c. 61.) By Laws of 1786, c. 297, the Justices of Quarter Sessions were to meet and decide how many licenses they would have, and then only recommend that number to the Executive Council for license. (Laws, 1786, o. 297.) A general licensing act, in 1834, gave the licensmg authority to Courts of Quarter Ses- sions, which Courts were not to grant any, however, that were not necessary to travellers (and then only to fit persons) ; license fee, $10- per $100 of the annual rental value of the place. Keeping a tavern without license was fined $10- to $100, and selling without license was fined not exceeding $100. Licenses might be revoked for disorder, allowing gaming or harboring; minors. (Laws, 1833, No. 69.) Act No. 63 of Laws of 1841 provided that notice should be published of all applications- for tavern licenses, and made the price of license $10 for a house whose yearly rental did not exceed $100, $15 for one not exceeding; $200, and in all other cases $15 and 4 per cent, additional on the rental above $100. Inns and taverns were to be construed to be only houses, where liquor was retailed. Persons convicted of retailing without license were fined $20 to- By an act of the same year (No. 117), to pro- vide revenue, a tax on all vendors of goods,, wares and merchandise of from $12.50 to $200, according to the amount of sales, was imposed, providing that those who sold liquor, with or without other goods, should pay 50 per cent, more. By resolution No. 10, . p. 442 of Laws of 1841, the Clerk of Quarter Sessions of Phila- delphia County was to publish lists of names of persons licensed at all times when any licenses- were granted. This requirement for publica- tion of applications for license was repealed as- to 24 counties in 1842. (Laws, pp. 216, 377, 459.) Tavern licenses were not to be granted to» Sheriffs. (Laws, 1842, p. 201.) Local Prohibition (1843). — Licenses for sales- of liquor were prohibited within four and three miles, respectively, of iron works and furnaces- in Armstrong and Clarion Counties, and the license law was made more stringent for Chester County by Laws of 1843, p. 383. The question of license or no-license was- submitted to the voters in Clearfield County by Laws, 1845, No. 223. The same question was- submitted to the people in 18 counties and two boroughs, by Laws of 1846, No. 206, and in. another county by No. 359. Such Local Option was declared a delegation of legislative power, and unconstitutional, by Parker v. Com., 6 Pa. St., 507 ; but this decision was reversed by Locke's Appeal, 72 Pa. St., 492. By Laws of 1846, No. 359, § 4, on every application for license the Court was required to give remonstrances such consideration as the facts set forth therein were entitled to. Houses where beer, ale and other malt liquors Legislation.] 339 [Legislation. were kept, were required to obtain licenses of the County Treasurer and pay $5 to $200 per year, according to amount of sales. (Laws, 1849, No. 369, §820-23.) Distillers and brewers were also taxed $5 to $100, according to business (§ 32). The changes in these revenue taxes were frequent at and before this time. Many 1'aws were passed (some at every session), mod- ifying the license laws in different localities. A complete body of laws was thus formed for Philadelphia and Allegheny Counties sepa- rately, differing little essentially from each other or from the law of the State at large. But the prevailing tendency was not, as in the South, toward Prohibition. Furnishing drinks wilfully to minors, intoxi- cated persons and those habitually becoming so, was punished by fine of $10 to $50, with imprisonment 10 to 60 days. Notice to dealers might be given by any relative of any habitual drunkard, not to sell to him, and upon disre- garding such notice the offender was punished as above. Civil damages for injuries to person and property on account of unlawful selling were provided. Adulteration was prohibited, and the sale of such liquor, upon penalty of $50, and for second offense $100 and imprisonment not exceeding 60 days. Action for the value of liquors unlawfully sold was refused, and prose- cutors under this act were allowed not exceed- ing $20, to be taxed as costs in the case. (Laws, 1854, No. 648.) Liquor-selling on Sunday was prohibited upon pain of forfeiting $50 (half to the prosecutor). (Laws, 1855, No. 55.) Another act of 1855 (No. 239) made the license fee three times the amount then required, and in no case less than $30. It also refused to allow license to be issued to any hotel, restaurant or place of amusement or refreshment-keeper, and ab- rogated City and County Treasurers' licenses. This act, in certain provisions, reads like a Pro- hibitory law, and in some of the lists of early Prohibitory statutes it is included ; but it was really a license law. The policy indicated in the last above-named law was abandoned the next year by Laws of 1856, No. 233, which was a full license act, and remained the basis of the law until the High License law of 1887 was passed. It provided a license fee of twice the amount required before the adoption of the act of 1855, not to be less than $50 for beer, wine and spirituous liquor- vendors ; $25 to $1,000 accord- ing to rental value of property for taverns, ex- cept that in Philadelphia and Pittsburgh the minimum was $75. Brewers and distillers were taxed as before, but not less than $50 for any one. The Licensing Court was given power to grant licenses after hearing by evidence, peti- tion, remonstrance or counsel. Tavern and eating-house licenses were to be granted only when required for the convenience of the public. Eating-houses could be licensed only to sell malt liquor and domestic wines. The number of licenses for taverns could not exceed one for every 100 ratables in the cities and 150 in the counties. The number of eating-house licenses could not exceed one-fourth that number. The penalty for violating the act was a fine of $10 to $100, and for a second offense imprisonment one to three months in addition to such fine. The license fees were reduced about half by the act of 1858 (Laws, No. 405), and the denial of licenses to theatres was changed to give them and beer-houses and other places of amusement licenses to sell domestic wines and malt liquors. The Courts, upon hearing, were empowered to refuse licenses if not necessary for the accom- modation of the public, except in Philadelphia. (Laws, 1859, No. 652.) An act to prevent recovery of the price of adulterated liquors sold, was passed in 1860. (No. 345.) Hawking and peddling liquors in Potter County were prohibited by No. 431 and No. 585 of the laws of the same year. Con- stables in Philadelphia were to make returns of all persons vending liquors, and those without license were to be fined not exceeding $200 and imprisoned not more than two years. By the act of 1862 (No. 484), the Mercantile Appraisers were to personally visit each liquor- store and give notice to the owner of his assess- ment and its amount. The use of deleterious drags in the manufac- ture of liquor, and the sale of the same, was made a misdemeanor and fined not exceeding $500, with imprisonment not exceeding 12 months, or both, by Laws of 1863, No. 384. To enable police officers to enforce order and exterminate the unlicensed traffic, selling to minors and apprentices without leave of parent or guardian, to husband or child, against the request of wife or parent, or keeping open and selling between midnight and sunrise were pro- hibited upon penalty of forfeiture of license. Police officers were to enforce these prohibi- tions and keep order in saloons upon request,, and every person arrested for being drunk was to be interrogated as to where he got his liquor. And persons selling contrary to this act were made liable for damages growing out of such sales. (Laws, 1867, No. 70.) This act was re- pealed by Laws of 1868, No. 33. • Local Option Law of 1872-5.— In 1872 there were several local liquor laws passed. Such laws (many of them being of insignificant character) had considerably multiplied. By Laws of 1872, No. 41, the question of granting licenses to sell liquor was to be submitted at all the annual municipal elections in every city and county, not oftener than once a year for the same place. The act of 1873, No. 16, amplified this act and made it more certain. The Laws of 1875, No. 47, repealed the Local Option law and re-enacted the license provi- sions, with license fee at $50 up, according to estimated amount of sales ; penalty for un- licensed selling, $200 to $500, on second convic- tion $500 to $1,000 and imprisonment three months to one year. Notices not to sell to ex- cessive drinkers were provided for, with civil damages in case of violating the notice. Sales on election days, Sundays, to minors and to those visibly intoxicated, were prohibited with- out specific penalty being provided. Submission of Constitutional Prohibition (1889). — An Amendment to the Constitution prohibit- ing the manufacture and sale of intoxicating liquor to be used as a beverage was submitted (Laws, 1889, p. 439) and defeated. Tlie Law as It Existed in 1889.— The law whose features are here given is the Brooks law Legislation.] 340 [Legislation. of 1887, which is complete in itself. It probably does not displace every provision of the former statutes, but so little is left as to be of no use for the purposes for which such statutes are made. It is unlawful to keep any place where any- vinous, spirituous, malt or brewed liquors are sold at retail without license. (Purd. Dig., Supp., 1887, p. 2229, § 1.) Licenses to retail such liquors in quantities not exceeding one quart shall be granted only to citizens of the "United States, of temperate habits and good moral character. (Id., § 2.) Such licenses shall be granted only by the Courts of Quarter Ses- sions, and shall be for one year from a date fixed by rule or standing order of the Court. (Id., § 3.) The Court shall fix by standing order the time at which applications for licenses will be heard, at which time all persons apply- ing or making objections to applications for licenses may be heard by evidence, petition, remonstrance or counsel. (Id., § 4.) Applicants for licenses shall file their petitions three weeks before the first day of the session at which they are to be heard and shall pay $5 for expenses. The Clerk shall cause publication three times in two designated newspapers of list of the names of all applicants, their residences and the places for which applications are made. (Id., § 5.) No license shall be granted to sell in any room where groceries are sold. (Id., § 6.) In cities of the first class, in the month of January, the Mercantile Appraiser must return with the list of mercantile taxes all licensed and unlicensed hotels, restaurants or saloons selling liquor. (Id., § 7.) The petition for license shall contain the name and residence of the applicant and state how long he has lived there, shall indicate the particular place for which license is desired, shall state the place of birth of applicant and if naturalized when, shall give the name of the owner of the premises, shall state that the place- is necessary to the accommodation of the public and that the applicant is not interested in any other place for which license is to be asked, nor will be during the existence of the license, shall state whether the applicant has had a license revoked within a year, and shall give the names of two freeholders of the ward or township, who will go sureties on the bond required, each person to be worth $2,000 and not to be engaged in the manufacture of liquor. (Id.) His peti- tion must be verified by affidavit. (Id., § 8.) There shall be annexed to such petition a certificate signed by 12 reputable electors of the ward, borough or township, that they know the applicant and have reason to believe the state- ments of the petition are true, and praying that the license issue. (Id., § 9.) The Court of Quarter Sessions shall hear petitions from residents of the ward, borough or township in favor of or remonstrating against the application, and in all cases shall refuse the same whenever, in the opinion of the Court (having due regard to the number and charac- ter of the petitioners for and against the applica- tion), such license is not necessary for the accommodation of the public and entertainment of strangers or travellers, or the applicant is not a fit person. (Id., § 10.) Upon sufficient cause shown or proof made to the said Licensing Court that any licensee has violated any law relating to the sale of liquor, the Court shall upon notice to him revoke his license. (Id., § 11.) Persons licensed in cities of the first, second and third classes shall pay $500 annually; those in other cities, $300;' those in boroughs, $150; in townships, $75. In cities of the first class four- fifths shall go to the city and -county and one- fifth to the State ; in cities of the second and third classes, two-fifths shall go to city and county respectively and one-fifth to the State ; in other cities and boroughs three-fifths shall go to city or borough, one-fifth to the county and one-fifth to the State ; in townships one-half shall be paid to the township, one-fourth to the county and one- fourth to the State. Municipalities receiving parts of said license moneys shall bear their pro- portionate share of the cost of collection. (Id., § 12.) If persons neglect to pay the license fee within 15 days, no license shall issue to them, but be revoked. (Id., § 13.) The license shall not issue until the licensee executes a bond in $2,000 to observe the liquor laws, and pay all costs, fines and penalties which may be imposed upon him. (Id., § 14.) The constables of the respective wards, boroughs or townships in each county shall in the first week of Quarter Sessions make returns of all places where liquor is sold, stating which are licensed and which not, and on failure shall be fined not exceeding $500 or imprison- ed not more than two years, or both. (Id., § 15.) Every constable must visit, at least once a month, all places within his jurisdiction where liquor is sold, to ascertain whether there are violations of law, and shall make returns to the Court of Quarter Sessions, with the names of the witnesses thereto. (Id., § 16.) Each licensee shall frame his license and hang it conspicuously in his place of business. (Id., § 17.) No licensee shall give credit for liquor retailed, on penalty of losing the debt. (Id., § 18.) Any person on conviction of selling with- out license shall pay $500 to $5,000 and be imprisoned three to 12 months. (Id., § 19.) Licensees violating the license law shall be fined $100 to $500 ; for second conviction, $300 to $1,000, and for third, $500 to $5,000 or suffer imprisonment three to 12 months, or both. (Id., § 20.) Any person convicted of more than one offense shall not again be licensed in the State. (Id., § 21.) The license of any person permit- ting the customary visitation of disreputable persons or keeping a disorderly house, shall be revoked, and the licensee shall not again be licensed in the State. (Id., § 22.) Druggists are not required to be licensed, but they shall not sell liquor except upon physi- cians' prescriptions ; alcohol, however, or any preparations containing the same, may be sold for scientific, mechanical or medicinal purposes. Only one sale can be made on one prescription. Any person wilfully prescribing liquor as a beverage to persons of intemperate habits shall be guilty of a misdemeanor. (Id., § 23.) 1 By a decision of the State Supreme Court it was found that an act of the Legislature providing for the classification of cities was defective in some respects, and accordingly the license rate becomes 8600 uniformly in all cities, pending the adoption of new legislation. Legislation.] 341 [Legislation, No person with or without license may furnish liquor on any election day, or on Sunday, or to any minor or person of known intemperate habits, or to a person visibly intoxicated, for his own use or that of another, or furnish liquor on a pass-book or store-order, or in exchange for goods, wares, merchandise or provisions, upon penalty of $50 to $500 and imprison- ment 20 to 90 days. (Id., § 24.) Any house, room or place where liquors are sold in violation of law, is declared a nuisance, and shall be abated by proceedings in law or equity. (Id., § 25.) All local laws fixing a license fee less than is here required are repealed. None of the pro- visions of this law shall authorize sales in places having special Prohibitory laws. (Id., §37.) Any wholesale dealer, brewer, distiller, re- finer or compounder dealing in liquor, shall pay an annual license in cities of the first three classes of $500 ; in other cities, $300 ; in boroughs, $200, and in townships, $100, which shall go to the State Treasury. (Id., § 28.) Licenses to such persons shall be granted by the Court of Quarter Sessions as for other licenses. 1 Such wholesalers, etc., shall not sell in less quantities than one gallon. (Id., § 29.) Bottlers shall also procure licenses as above, for which they shall pay $200 in cities of the first three classes, and $100 elsewhere, but they may not sell to be drunk on the premises. (Id., §29.) There is a law requiring scientific temperance instruction in the public schools. (Laws, 1885, No. 6.) An Amendment to the Constitution may be proposed by a majority vote of the two Houses, to be concurred in by a majority of each House in the next Legislature ; a majority vote of the electors carries it. Jtf-ode Island. Colonial Provisions. — In 1647 taverns, ale- houses and victualling-houses were not to be kept without license, under penalty of 20s. (1 R. I. Col. Rec, 185.) Each town might allow such houses, and bind the keepers by bond to keep good order, and not allow unlaw- ful games, nor suffer any townsman to remain tippling there for an hour, under penalty of 10s, the townsman forfeiting 3s 4