initial commit of ebook 34563HEADmain

10 files changed, 16601 insertions, 0 deletions

diff --git a/.gitattributes b/.gitattributes
new file mode 100644
index 0000000..6833f05
--- /dev/null
+++ b/.gitattributes
@@ -0,0 +1,3 @@
+* text=auto
+*.txt text
+*.md text
diff --git a/34563-8.txt b/34563-8.txt
new file mode 100644
index 0000000..5af4b6a
--- /dev/null
+++ b/34563-8.txt
@@ -0,0 +1,5523 @@
+Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Sober by Act of Parliament
+
+Author: Fred A. McKenzie
+
+Release Date: December 4, 2010 [EBook #34563]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+  SOBER BY ACT OF PARLIAMENT
+
+
+  BY FRED A. MCKENZIE
+
+
+  LONDON
+  SWAN SONNENSCHEIN & Co., LTD.
+  NEW YORK: CHARLES SCRIBNER'S SONS
+  1896
+
+
+
+
+  TO THE MEMORY OF MY FATHER,
+  WHO, THOUGH PASSED FROM HUMAN KEN,
+  HAS LEFT BEHIND A PRECIOUS REMEMBRANCE
+  OF LOVING KINDNESS AND UNFAILING SYMPATHY,
+  THIS BOOK IS DEDICATED.
+
+
+
+
+PREFACE.
+
+
+It is a truism that men of all shades of opinion are desirous to promote
+sobriety. It is the _raison d'être_ of the teetotaler and the declared aim
+of the publican. The advocate of prohibition and the man who would make
+the trade in drink as free as the sale of bread both profess to be
+actuated by a desire to extirpate inebriety. Can legislation aid us in
+accomplishing this end, and if so in what way and to what extent? This
+volume is an attempt to partly answer the question, not by means of
+elaborate theories or finely drawn inferences, but by a statement of the
+actual results obtained from liquor laws in various parts of the world.
+
+Whatever shortcomings may be found in the following pages, I have done my
+best to ensure their honesty and fairness. I have written with a brief for
+no particular policy, but with a sincere desire to learn, free from the
+blinding mists of partisan prejudice, the truth about all. My conclusions
+may appear to some mistaken, and my treatment inadequate, but I have never
+suppressed facts that told against my own opinions, arranged statistics
+to suit myself, or consciously placed incidents in a disproportionate
+light. The subject is altogether too serious, and involves issues too
+grave, to allow one to indulge in one-sided statements, garbled facts, or
+lying statistics.
+
+As far as possible, the facts and figures given are taken from official
+sources. I must acknowledge my indebtedness to many correspondents in
+America, in Australia, and on the Continent of Europe, as well as at home,
+who have helped me by collecting statistics and supplying information.
+Without their aid my investigations would have been far more difficult
+than they have proved. I am also greatly obliged to the Editor of the
+_Pall Mall Gazette_ for permission to reproduce portions of several
+articles of mine on "Liquor Laws," which appeared in his journal and in a
+_Pall Mall Gazette_ "Extra" during 1893.
+
+FRED A. McKENZIE.
+
+  46 OXBERRY AVENUE,
+       FULHAM.
+
+
+
+
+CONTENTS.
+
+
+  PART I.--AMERICA.
+
+  CHAPTER                                         PAGE
+
+    I. THE STATE AS SALOON KEEPER                    9
+
+   II. RUM AND POLITICS                             21
+
+  III. FORTY YEARS OF PROHIBITION                   32
+
+   IV. PROHIBITION IN KANSAS                        45
+
+    V. THE LAW THAT FAILED                          53
+
+   VI. HIGH LICENCE IN PENNSYLVANIA                 67
+
+
+  PART II.--GREATER BRITAIN.
+
+    I. PROHIBITION AND LOCAL OPTION IN CANADA       75
+
+   II. LOCAL CONTROL IN NEW ZEALAND                 92
+
+  III. LICENSING IN AUSTRALIA                      104
+
+
+  PART III.--THE CONTINENT OF EUROPE.
+
+    I. THE STATE AS DISTILLER                      112
+
+   II. THE GOTHENBURG SYSTEM                       122
+
+
+  PART IV.--ENGLAND.
+
+    I. THE GROWTH OF THE LICENSING SYSTEM          133
+
+   II. PROPOSED REFORMS                            147
+
+  III. THE PROBLEMS OF REFORM                      169
+
+   IV. THE PATH OF PROGRESS                        191
+
+
+  APPENDICES.
+
+    I. THE CONDITION OF WORKING MEN IN MAINE       199
+
+   II. THE GIN ACT, 1736                           200
+
+
+
+
+SOBER BY ACT OF PARLIAMENT.
+
+
+
+
+PART I.
+
+AMERICA.
+
+
+
+
+CHAPTER I.
+
+THE STATE AS SALOON KEEPER.
+
+
+During the last few months South Carolina has been the scene of a
+remarkable experiment in liquor legislation, which has attracted
+considerable attention from social reformers everywhere. Though
+professedly based on the Gothenburg system, the Dispensaries Act differs
+from its prototype in many important respects. As in Sweden, the element
+of individual profit is eliminated, and the control of the trade is taken
+out of the hands of private persons; but in place of the drink shops being
+conducted by the municipalities, they are placed under the direct
+supervision of the State Government. The saloon has been abolished, and
+its place taken by dispensaries, where liquor can only be obtained in
+bottles for consumption off the premises. All public inducements to
+tippling have been removed at a sweep; and while it is possible for any
+sober adult to obtain what liquor he wishes, no one is pecuniarily
+interested in forcing intoxicants on him. The Act was in operation for too
+short a time to allow anything definite to be said as to its success or
+failure. It received the fiercest opposition from an influential body of
+politicians, and from the more lawless section of the community; and the
+dispossessed saloon keepers, with all the following they could command,
+naturally did their best to cause it to fail.
+
+In the election of 1892 the prohibition party showed great activity, and
+succeeded in obtaining a majority at the polls. The question of the
+control of the liquor traffic occupied a foremost place at the meeting of
+the new Legislature. Many members were in favour of out-and-out
+prohibition, and a Bill was introduced to make the manufacture or sale of
+drink illegal. But, after considerable debate on the subject, a new
+measure was hastily brought before the Senate, at the instigation of the
+Governor, the Hon. Benjamin R. Tillman, as a compromise between the views
+of the extreme prohibitionists and those who held that, in the present
+condition of public opinion, prohibition would be largely inoperative, and
+consequently injurious to the temperance cause. The measure was rushed
+through the Legislature with little or no debate, and at once received the
+sanction of the Governor.
+
+Governor Tillman is undoubtedly a remarkable man, of bold initiative and
+great force of character; and it is impossible to understand the situation
+in South Carolina without knowing something about him. Within the last
+decade he has risen from obscurity to the supreme power in the State, and
+to-day he is "boss" of South Carolina. He first came to the front in 1885,
+by his bitter denunciations of the local Democratic rulers. He is himself
+a Democrat, but this did not prevent him from bringing the most serious
+charges against the members of the aristocratic ring that held the reins
+of Government. He charged them with being the enemies of the poor and
+oppressors of the people, whose one aim was to conduct public affairs so
+as to benefit themselves. At first the high-class politicians treated him
+with a half-amused, half-contemptuous scorn, sneered at what they were
+pleased to call his ignorant talk, and held his language up to ridicule.
+And in truth, if reports may be believed, his vigour of speech gave his
+enemies abundant cause to blaspheme. He was not particular in his choice
+of phrases, and he did not hesitate to pile up the most picturesque and
+sanguinary expressions in describing his opponents.
+
+But the people rallied around him. "I am rough and uncouth, but before
+Almighty God I am honest," he said to them; and they believed him. The
+poorer country folks were his first followers, then the Farmers' Alliance
+came to his support, and before the old politicians had ceased to wonder
+at the audacity of the young man, they began to learn that their days of
+power were over. In 1890 he stood for the Governorship in opposition to
+the regular Democratic candidate. He stumped the State, and met with a
+most enthusiastic reception. He was elected by a large majority, and the
+power of the old ring was, for a time at least, broken. Two years later he
+was once more elected to the same post, and until he tried to carry out
+the Dispensaries Act his authority was supreme in the State. One thing is
+certain: if Governor Tillman cannot secure obedience to the law, it will
+be difficult to find any one else who can.
+
+The chief provisions of the original dispensary law are as follows. No
+persons or associations of persons were allowed to make, bring into the
+State, buy or sell any intoxicating liquors, except as provided for by the
+Act. Districts that were previously under prohibition continued so, but in
+other parts the traffic was conducted by State-appointed officials. The
+Governor appointed a Commissioner, whom he must believe to be an abstainer
+from intoxicants; and this official, under the supervision of the State
+Board of Control, purchased all strong drink to be sold in the State, and
+generally acted as head of the dispensaries. The State Board appointed in
+each county a local Board of Control, composed of three persons believed
+not to be addicted to the use of intoxicants. These County Boards made the
+rules for the sale of drink in their own districts, subject to the
+approval of the State Board; and they also appointed dispensers who had
+the sole power of selling liquors in the districts where they were placed.
+
+There are many minute restrictions which had to be observed by the
+dispensers in vending their wares. A would-be buyer must make a request in
+writing, stating the date, his age and residence, and the quantity and
+kind of liquor required. If the applicant was intoxicated, or if the
+dispenser knew him to be a minor or in the habit of using strong drink to
+excess, then he must refuse to supply him. If the dispenser did not know
+the applicant personally, then a guarantee must be given by some person
+known to both buyer and seller that the former was neither under age nor a
+habitual drunkard. Sales were only to be made during daytime, and the
+liquor was not to be drunk on the premises.
+
+The penalties for breaches of the law were very severe, ranging as high as
+imprisonment for not under one year or over two years for repeated illegal
+sales. All profits obtained by the work of the dispensary were divided in
+three parts,--one half for the State, one quarter for the municipality,
+and one quarter for the county. The hope of obtaining a considerable
+revenue was undoubtedly one of the main reasons for passing the Act, and
+Governor Tillman anticipated a profit of half a million dollars a year for
+the State.
+
+The dispensers were paid, not according to the quantity of their sales,
+but at a fixed salary named by the Board, and not allowed to exceed a
+certain amount. It was provided in the original Act that dispensaries
+could only be opened in cities and towns, and then not unless the majority
+of the citizens of a place signed a petition requesting to have them.
+
+The new measure came into force on 1st July, 1893. For many weeks
+previously there had been great excitement in the State, and as June drew
+to an end the saloon keepers put forth strenuous efforts to do the utmost
+possible business in the short time that was left to them. "The situation
+all over South Carolina to-night," said a despatch from Charleston on 30th
+June, "is peculiar. In Charleston there has been in progress all day a
+huge whisky fair. The air is filled with the tintinnabulation of the
+auction bells and with the cries of the auctioneer; in dozens of liquor
+stores are crowds of free-born American citizens buying whisky, wine and
+beer to lay in a stock against the dry spell, which sets in to-night. In
+the fashionable groceries extra forces of clerks have been at work day and
+night for a week, putting up demi-johns and kegs of whisky, brandy, rum,
+gin, and wine; and battalions of drays and delivery waggons have been
+employed carting the goods to the railroad depots and to the various
+residences. It is no exaggeration to say that there are not 1000 out of
+the 10,000 houses of white people in the city that are not provided with a
+supply of liquors to last six months at least."
+
+Six counties in the State are under statutory prohibition, and
+consequently no dispensaries could be opened in them. In many other parts
+the people refused to come under the Act, and in towns especially there
+was a spirit of undisguised opposition to the measure. It is in the towns
+that the old-line Democrats, whom Tillman drove from office, have always
+been the strongest. With the passing of the Act they saw their opportunity
+to have vengeance on him, and possibly to regain their old majority; and
+they resolved to do their best to wreck his Bill. In Charleston the word
+went forth that the law was to be ignored, and, as far as the city
+authorities could accomplish that end, it has been set at defiance. When
+the State constables have arrested liquor sellers, the constables have
+been mobbed and ill-treated; the sheriff has packed the juries; the
+justices who have tried liquor cases have been notoriously opposed to the
+law; and, as an inevitable consequence, the clearest evidence of illegal
+liquor selling has been insufficient to convict any offender there. What
+is true of Charleston is almost equally true of several other places.
+This, it must be understood, is not because of any fault of the Act; but
+because eager partisans are willing to perjure themselves, to break
+through the most sacred obligations of office, and to descend to any
+tricks in order to ruin the Tillmanites.
+
+The prohibitionists have been divided in their attitude. Some of them
+warmly support the law, but others have united with the old-line Democrats
+in opposing it. They are mostly willing to admit that the Tillmanite
+dispensaries are a vast improvement over the former reign of the saloon;
+but they are fearful lest the fact that the State conducts the traffic may
+give it a semblance of respectability, encourage people to drink, and so
+do more harm than good. "The absolute boss of the State, Governor
+Tillman," sneered one, "expects to turn the great commonwealth into one
+great drinking saloon, such as might carry a signboard, reaching from sea
+to the mountains, announcing 'Benjamin Ryan Tillman, monopolist of grog'."
+
+In his annual message to the Legislature, in November, 1893, the Governor
+gave a long and detailed account of the working of the law. According to
+this statement, there were then fifty dispensaries open, and the total
+sales in the four months had amounted to 166,043 dollars, 56 c., yielding
+a profit to the State of 32,198 dollars, 16 c. This was considerably less
+than had been anticipated; and the smallness of the profit is no doubt due
+to the facts that so many people had got in their supplies of drink before
+the Act came in force, and that in many parts the law was very imperfectly
+enforced. Since the Governor issued his report there was a very
+considerable proportionate increase in the gains.
+
+In order to ascertain the results of the law on intemperance a circular
+was sent out to seventy-five cities and towns, asking them to state the
+number of arrests for drunkenness and disorder arising from liquor
+drinking for a like period before and since the passing of the Act. Only
+thirty-three places replied; and in the whole of these the arrests from
+1st July to 30th Sept., 1892, under the old licence laws, were 577; during
+the same period in 1893, under the Dispensaries Act, the arrests were only
+287. In September, 1892, 231 arrests were made; in September, 1893, the
+arrests were 131.
+
+The Governor admitted that the amount of illegal liquor-selling going on
+in the State was considerable, and for this he blamed the local
+authorities and the railway companies. "There is hardly a train entering
+the State," he declared, "day or night, passenger or freight, which does
+not haul contraband liquor. Some of the railroads are yielding a measure
+of obedience to the law; but most of them openly defy it, or lend their
+line to smuggling liquor into the State.... The police in the cities, as a
+rule, stand by and see the ordinances broken every day, are _particeps
+criminis_ in the offence, or active aiders and abettors of the men who
+break it." In order to stop these things, and to more efficiently enforce
+the law, the Governor demanded fresh legislation.
+
+In answer to this demand, the State Legislature passed a new measure in
+December, giving considerably increased powers to the executive. The State
+Board of Control was authorised to deprive any city or town refusing to
+actively co-operate in the enforcement of the law, of its share of the
+dispensary profits. In place of the Board being unable to open a
+dispensary anywhere except when a majority of the people petitioned for
+it, the law was made that the Board could establish its shops wherever it
+pleased, unless a majority of the people petitioned against them. It was
+also found advisable to modify several minor points, such as giving hotel
+keepers permission to serve their guests with liquor.
+
+Governor Tillman at once made full use of the new powers. He announced
+that several new dispensaries would be opened in different parts, and he
+sent a circular to all the mayors, asking if they intended to assist the
+State officials or not. To those who answered in the negative, he at once
+sent notice that the share of the profits for their towns would be
+withheld from them, and used for the purpose of employing special
+constables to see that the law was carried out there.
+
+In March, 1894, the troubles created by the opponents of the Dispensaries
+Act came to a head. Some State constables were searching for contraband
+liquors at Darlington when the people rose in arms against them. Two
+constables and two townsmen were killed, and the police hastily retired to
+a swamp. Here they were pursued by an infuriated body of citizens; and,
+had they been found, they would unquestionably have been killed. For a day
+or two, matters wore a serious look. In one place a dispensary was gutted,
+and several bodies of the State militia, when ordered by the Governor to
+proceed against the rioters, refused to obey.
+
+Governor Tillman is not a man to be easily intimidated. He promptly seized
+the telegraphs and the railways, prevented as far as possible the rioters
+communicating with sympathisers in other parts, and called together the
+troops he could rely upon. "As Governor I have sworn that the laws shall
+be respected until they are repealed," he said, addressing the militia.
+"So help me God, I will exert all my power to enforce them. Although some
+of the militia have refused to obey orders, there are still enough to
+obey. The opponents of the law must submit to the rule of the majority.
+My life has been threatened; but I have no fear, and I will convoke the
+Legislature if further power is necessary." The soldiers received his
+message with enthusiasm. At the same time the Federal authorities offered
+to send a large body of national troops, should they be required, to quell
+the rioting, and in a few hours the powers of the law and order were once
+more supreme. But had Tillman been a ruler of another stamp, had he shown
+the least sign of yielding to the disaffected, or of eagerness to
+compromise, then the outbreak at Darlington would probably have been only
+the beginning of serious trouble in the Palmetto State.
+
+Hardly, however, had the riot been suppressed before the State Supreme
+Court declared the Act unconstitutional. The court, which consists of two
+conservative judges and one Tillmanite, based its decision on the grounds
+that the measure was not a prohibitory law and was not a police
+regulation, but was solely a plan for giving the profits of a trade to the
+State, and therefore it conflicted with the lawful rights of the old
+saloon keepers. Justice Pope, the Tillmanite, dissented from this view,
+and pronounced in favour of its being legal, but he was out-voted by his
+brother judges.
+
+The result of this decision is, that all the State dispensaries have been
+closed, and the saloons are now again openly conducting their business. It
+is hard to say what the final outcome will be; for the people in the
+country parts declare themselves resolutely determined not to have the
+saloon system revived. It is said that as soon as possible one of the old
+judges will be removed, and his place taken by a Tillmanite. The measure
+will again be carried through the Legislature, and once more come before
+the Supreme Court. The court will then uphold it, and the State will give
+the Act another trial. But, even if this is so, the prospects of the
+scheme cannot be said to be bright. There are now enlisted against it a
+powerful political faction and the authorities of several municipalities.
+It can count on the unceasing opposition of many whose support is almost
+absolutely necessary to its success; and hence it will be more than a
+wonder if, while thus handicapped, it can be anything but a failure.
+
+
+
+
+CHAPTER II.
+
+RUM AND POLITICS.
+
+
+America is pre-eminently the land of legislative experiments; and it has
+unequalled facilities for giving trial, with comparatively little risk, to
+many of the professed solutions of those problems which the artificial
+life of civilised society has produced. On nothing has it made more
+numerous or varied experiments than on efforts to promote sobriety by law.
+Each State in the Union is free, within certain limits, to regulate or
+suppress the liquor traffic within its own borders, without interference
+from the Federal Government. The latter body, however, maintains freedom
+of inter-State traffic, and has the power to tax liquor, and to impose
+internal revenue fees on brewers and saloon keepers. These fees are most
+strictly enforced; and the first thing a man does who contemplates
+entering the drink trade, whether legally or illegally, is to take out his
+internal revenue licence. Even the individual who surreptitiously sells
+half a dozen bottles of whisky a month in the lowest "speak-easy" rarely
+thinks of attempting to evade the Federal revenue law; for conviction is
+so sure, and the penalties are so heavy, that it does not pay.
+
+In seeking to learn what lessons can be taught to old-world politicians
+from the new-world experiments, it must be borne in mind that, although
+the Americans are mostly of one blood with ourselves, the conditions of
+their social and political life are yet very different. The liquor problem
+occupies a far more prominent place there than at home, and the saloon
+keeper is an influential force in State, Union, and City politics. The
+temperance element is strong and active, and exercises a social influence
+not easy to estimate. A solid public sentiment has been created against
+even the moderate use of intoxicants; personal abstinence is advocated as
+part of the routine in nearly all the public elementary schools; it is
+regarded as disreputable for a man to frequent saloons; and, except under
+very extraordinary circumstances, no respectable woman would think of
+crossing their doorsteps. Many employers of labour, especially railway
+companies, go so far as to insist that their hands shall be abstainers.
+But while the work of the teetotalers has been productive of much
+socially, their political work has been far more spasmodic, and less
+effective. They are split into cliques; and whatever proposal may be
+brought forward, there is almost certain to be a body of irreconcilables
+who fight against it. In America, as in other countries, the greatest
+opponents of temperance legislation are always temperance reformers: if a
+law is moderate, then it incurs the enmity of those who believe that any
+other plan than the utter and immediate destruction of the saloon is sin;
+if it satisfies the extremists, it is opposed by those who declare that
+such uncompromising legislation will produce a reaction, and so in the
+end do more harm than good. A still greater cause of weakness than even
+their internal divisions is the temporary character of much of their work.
+The respectable people of a city or State will rouse themselves to a
+fever-heat of emotion over some social reform, and will carry it into law
+with a rush. Then the excitement will gradually die away, and in a shorter
+or a longer time the new law will be left to enforce itself; affairs will
+soon drop back into their old groove, until, possibly, some time after, a
+specially flagrant case of law-breaking again arouses the public
+conscience, and the same thing is gone through once more.
+
+The brewers and saloon keepers work differently. They are efficiently
+organised, and have behind them an almost unlimited supply of money and a
+considerable voting power. Their work is not the unselfish advancement of
+some general benefit, but the protection of their own pecuniary interests.
+They have shown themselves willing to sink all partisan preferences in
+order to prevent their trade being extinguished, and they have attempted
+to save themselves by securing control of the political machinery. They
+have too largely succeeded. America, in spite of its unceasing boasts of
+liberty, is especially the land where the few dominate over the many. In
+industry, the rings and monopolies rule; in politics, the "bosses" are
+supreme. The people are allowed to retain in their hands all the
+paraphernalia of political authority; but in many parts they are ruled by
+autocratic political organisations, with saloon keepers and plunderers of
+the public at their head.
+
+It would not be just to pronounce the same sweeping condemnation on
+politicians in all parts of the Union alike. In most country parts and in
+some cities the government is all that could be desired; and, usually, the
+more native-born Americans and English and Scottish settlers there are,
+the more free are the officials from corruption. But in many cities the
+administration is absolutely rotten: the courts dole out injustice, the
+municipal officers solely study their own interests, and obtain office for
+the one purpose of dishonestly acquiring public money; laws are enforced
+or set at defiance as may be most profitable; and perjury and plunder are
+the every-day business of mayors, aldermen, policemen, and justices alike.
+The plunderers are elected to office mainly by the saloon vote, a large
+proportion are or have been drink sellers themselves, and for these things
+the saloons are largely responsible. It is the realisation of this that
+has induced many men, by no means ardent abstainers, to advocate
+prohibition, not so much because it prevents intemperance, but because it
+breaks the power of the saloon in politics.
+
+The source of the power of the saloon lies mainly in three things: (1) The
+absorption of respectable citizens in their private concerns, and their
+indifference to politics; (2) the political machines; (3) manhood
+suffrage.
+
+On the first cause but little need be said. In America the race for
+wealth is keener than anywhere else; the almighty dollar is worshipped,
+and most men are in a hurry to make their piles before the end of next
+week. A large proportion of the business men allow themselves time for
+nothing but money making, and those who have leisure regard politics as
+disreputable. In England our best citizens are glad to serve the
+commonwealth at their own cost; in America, a rich and cultured man would
+in many cities be looked upon by his friends as either a crank or a
+boodler if he announced his intention of adopting a political career.
+
+On the subject of manhood suffrage generally and its desirability or
+otherwise, I have no intention of entering in this place. But coming to
+the result of manhood suffrage on American politics, few can doubt that it
+has exercised in some ways a most evil effect. If all the citizens to whom
+the ballot has been given were intelligent and educated, and knew anything
+of the politics of the country which they are helping to rule, then
+suffrage would be robbed of much of its evil effects. But at present the
+peasant who has been picked from the wilds of Connemara, the lazzaroni
+from Naples and Rome, the offscourings of the slums of the cities of
+Central Europe, are able to out-vote in many towns the genuine Americans.
+They are brought under the influence of ambitious and unscrupulous
+political organisers almost as soon as they land at New York, and too
+often their ballot papers are cast solid for the maintenance of fraud,
+falsehood and robbery.
+
+The results of machine voting, the rule of the "bosses" and saloon
+politics can perhaps best be seen in one well-known instance. The city of
+New York, the metropolis of America, has actually been controlled for some
+years, not by its inhabitants, but by an ex-drink seller, Richard Croker,
+and his subordinates. This man was originally a young rough, in due course
+he developed into a saloon keeper, and after a time he resigned his bar
+for the more profitable employment of politician. He now holds no office
+under Government, he has no ostensible means of earning a living; yet he
+is able to maintain a magnificent country mansion and a town palace; he
+owns as fine a team of trotting horses as most men in the State; and he is
+well known to be enormously wealthy. His horses are said to be worth
+seventy-four thousand dollars, and he owns a half interest in a stud farm
+valued at a quarter of a million. When he travels the railway companies
+provide specially luxuriant cars for his special accommodation, and he
+receives such homage and abject worship as exceed the subservience shown
+by the poorest-spirited courtiers to any petty princeling. Over his
+long-distance telephone he controls local politicians and the State
+Legislature, and he can wreck Bills or bring them into law almost as he
+pleases.
+
+The secret of Croker's power is the fact that he is the head of Tammany
+Hall, the most powerful political machine in the Union. Under this body,
+New York is mapped out into about eleven hundred electoral districts,
+each containing a few hundred voters, with a "captain," who is usually a
+saloon keeper, over each. It is the duty of the "captain" to get as many
+people as possible in his district to join Tammany, and to vote on the
+Tammany ticket; and woe to him if he lets the Hall lose power there! He
+has innumerable methods of attracting voters to himself. Any man who has a
+little local influence is instantly noticed, and has tempting visions of
+place and power held out before him if he will only consent to throw his
+lot in with the party. The Tammanyite who is in trouble with the police
+knows that he can obtain the friendly services of the "captain" to speak a
+kind word for him to the justice; and it is wonderful how far these kind
+words go with the politically-appointed justices. The Tammanyite who is
+out of work will naturally look to the "captain" to help him to something,
+whether it is a clerkship in the municipal offices, a street-sweepership,
+or a higher and better paid post. The "captain" may or may not be paid
+openly for his services; but he receives plenty of either direct or
+indirect emolument. If he is a saloon keeper, numbers of people naturally
+flock about his place, and deal of him. He is a man of weight, to be
+respected as such!
+
+No party organisation like this could be held together without powerful
+motive forces. To some of the Tammany "captains" need not be denied purity
+and honesty of aims; but it is to be feared that such are in the
+minority. Tammany as it is conducted to-day rests on bribery, swindling
+and corruption. Those whom it can buy, and who are worth buying, it buys,
+whether they are senators or street-sweepers; those who are not to be
+bought, it often terrifies into passiveness. If a public-spirited citizen
+shows himself inclined to kick hard against his lawful rulers, and if he
+is a person who can be safely annoyed, then the municipality lets him feel
+the weight of its wrath. It does not use the old-time methods of casting
+him into prison, cutting off his head, or the like; for such crude
+expedients might attract an unpleasant amount of public attention. The
+recalcitrant citizen to-day has the assessment of his property for the
+purpose of taxation increased to perhaps double its former amount; city
+officials suddenly discover that his house transgresses some local
+ordinance, and order him to make costly structural alterations. If he is a
+saloon keeper the power of the "boss" over him is almost unlimited, and
+the unlucky wight can be hauled up before the justices almost every week,
+and fined or imprisoned continually. Hence few saloon keepers dare to
+offend. There are a thousand and one ways in which Tammany can punish its
+opponents.
+
+But if Tammany is cruel to its foes, it can be very kind to its friends.
+The happy man who does it service finds money, place, and power waiting
+him. The saloon keeper can defy the Sunday closing law with impunity, and
+the business man has his house assessed very moderately. The young fellow
+of talent who throws his lot in with the party knows that in due course
+(when he has earned his reward) he can be almost certain of a comfortable
+competence in a municipal or Government post. Tammany has no less than
+twenty-seven thousand rewards, in the shape of municipal offices, to
+distribute among its friends.
+
+On first hearing of these things it seems inexplicable to an Englishman
+why the honest people of the American metropolis do not rise up and
+destroy such an institution. The reasons are manifold. It must be
+remembered that even Tammany is not all bad. Among those who blindly
+follow its ticket are many who believe that they show their patriotism by
+doing so. The "boss" is backed by a political party; he is a Democrat, and
+many upright Democrats think that this fact alone compels them to throw
+all their influence on the side of the man who carries their party
+colours. Moreover any party of reform has to reckon with the thirty
+thousand votes of the city drink sellers and their men, which are cast
+solid for Tammany so long as it helps them. Without the saloon and its
+help, Tammany would not keep together for twelve months; but with its
+influence on its side, it is no easy task to overcome it. To-day the
+churches are struggling, the newspapers are denouncing, leagues and
+societies are being formed against the common enemy; yet Tammany still
+rules. Last autumn a majority was elected to the State Legislature against
+Croker's party, and it was confidently expected that at last its power
+would be curtailed. By the peculiar system of controlling New York city,
+the State Legislature has considerable power of interfering with its
+affairs. Accordingly, this year measures have been brought forward that
+would have done great damage to Croker's friends. But even this session
+sufficient senators have been found willing to break through their solemn
+electoral pledges, to vote against their own party, and to wreck Bill
+after Bill directed against the municipal ring. The Tammany men openly
+proclaim that they can kill every other reform in the same way. No secret
+is made of the reason for the senators' change of face. It is openly said
+in conversation, and plainly printed in the papers, that they were bribed
+by Croker's agents.
+
+It may be asked where Croker and his men get the necessary money from to
+carry on their work. The answer lies in one word--blackmail! Business men
+are politely requested to contribute to the funds of the Hall, and if they
+refuse they are looked upon as enemies, and treated accordingly. Every man
+who is allowed to break the law, whether he is a saloon keeper who keeps a
+side door open on Sunday, the owner of a gambling hell, or a more
+respectable sinner, is expected to allow a solid cash consideration for
+the privilege. If any one or any corporation wants a favour of the local
+authorities, the only way of obtaining it is to grease the itching palms
+of the aldermen, and to make friends with the politicians. Even those who
+want perfectly legitimate permits granted to them from the city can only
+get what they need by paying heavily for them. "All the laws good and
+bad," said Mr. Kelly of New York recently, "are so misexecuted by Tammany
+as to give it a clutch upon business men and especially the liquor
+dealers.... The power of the ring seems to depend upon its power to play
+upon the hopes and fears of our citizens."
+
+The result of Tammany rule on New York city has been indescribably bad.
+Notorious law-breakers have been appointed to the most responsible posts,
+either because they had done some service to Tammany, or because they were
+willing to pay the highest price for the appointments. Justices have been
+put in office, not because of their learning or integrity, but because
+they are willing to twist the laws to suit Tammany. Even the electoral
+returns have been fraudulently altered to place the nominees of the Hall
+in office.
+
+It is impossible in one short chapter to give any elaborate details of the
+extent to which corruption prevails in American cities; but enough has
+been said to show that the conditions under which temperance reformers
+have to work there are very different to those that prevail at home. The
+difficulties are greater, the means for enforcement are less effective,
+and the powers of lawlessness are more potent.
+
+
+
+
+CHAPTER III.
+
+FORTY YEARS OF PROHIBITION.
+
+
+From the time of the earliest English settlers in America the drink
+traffic has been looked upon as a business requiring special regulation.
+The influence of Puritan immigrants in the middle of the seventeenth
+century led to the framing of many severe liquor laws. Ludlow's
+Connecticut Code in 1650 dealt with the subject on the basis that "while
+there is a need for houses of common entertainment ... yet because there
+are so many abuses of that lawful liberty ... there is also need of strict
+laws to regulate such an employment"; and it was enacted "that no drink
+seller should suffer any person to consume more than half a pint at a
+time, or to tipple more than half an hour at a stretch, or after nine
+o'clock at night". The first American prohibitory law was passed by the
+English Parliament in 1735, when "the importation of rum or brandies" in
+Georgia was forbidden. This was done at the instance of James Oglethorpe,
+then head of the colony, who declared that the excessive sickness there
+was solely due to the over-consumption of rum punch.
+
+While Oglethorpe remained at Savannah the law was strictly enforced, and
+all spirits found were destroyed; but after he left it was allowed to
+fall into abeyance, and in 1742 it was formally repealed by Parliament.
+
+The modern legislative movement took its rise between 1830 and 1840, when
+the whole of New England was convulsed by an uncompromising campaign
+against intemperance. Almost the entire community seemed for a time
+carried away by the crusade against intoxicants. In nearly every place
+powerful temperance societies were formed; many gin merchants closed their
+distilleries, and saloon keepers put up their shutters and bade the people
+come and spill the contents of their rum barrels down the gutters. At
+first, teetotalers relied solely on moral suasion; but soon the more
+advanced section in Massachusetts and Maine demanded that the law should
+aid them by putting a stop to the legalised sale of drink. As early as
+1837 a committee of the Maine Legislature on licensing laws reported that
+"the traffic (in strong drink) is attended with the most appalling evils
+to the community.... It is an unmitigated evil.... Your committee are not
+only of opinion that the law giving the right to sell ardent spirits
+should be repealed, but that a law should be passed to _prohibit_ the
+traffic in them, except so far as the arts or the practice of medicine may
+be concerned." At that time the traffic in intoxicants in Maine was
+considerable; but the saloon keepers were without any efficient
+organisation, and consequently could not offer any united opposition to
+the new movement. There were seven distilleries, and between three and
+four hundred rum shops in Portland alone. According to the Hon. Woodbury
+Davis, ex-Judge of the Supreme Court of the United States, "nearly every
+tavern in country and in city had its bar; at almost every village and
+'corner' was a grog shop, and in most places of that kind more than
+one.... Men helplessly drunk in the streets and by the wayside was a
+common sight; and at elections and other public gatherings there were
+scenes of debauchery and riot enough to make one ashamed of his race."
+
+It is often stated that before the passing of prohibitory legislation
+Maine was one of the poorest and most deeply indebted States in the Union.
+This is true, but it is not the whole truth. Maine had not long been
+separated from Massachusetts, and its Legislature, maybe partly
+intoxicated by its newly acquired powers, ventured on some expensive
+undertakings. A few costly public buildings were erected, and a premium of
+eight cents a bushel was offered to farmers on all wheat or corn over
+fifty bushels that they raised in a year. The consequence was that the
+heavy taxes proved altogether insufficient to meet the expenditure, and by
+early in the forties a State debt had been incurred, equal to three
+dollars a head of the population. Money was very scarce, and both the
+local government and private individuals were glad to borrow wherever they
+could. But in spite of the scarcity of money, Maine was not generally
+regarded as poor. It took the first place in the Union as a shipbuilding
+State, and the second in the coasting and fishery trades. "The prosperity
+of Maine," wrote a skilled financial observer in 1847, "was never greater
+than at this moment.... She will become one of the first States of the
+Union." Ten years earlier, in his Annual Address to the Legislature, the
+Governor said: "It affords me great pleasure on this occasion to be able
+to speak of the prosperous condition of the State.... The State, as well
+as our citizens individually, are rich in lands, in timber, in granite and
+lime quarries, in water power for manufacturing purposes, and, to an equal
+extent at least, with any other State in the Union, in all the essentials
+of profitable industry except monied capital."
+
+Neal Dow, the son of a rich Quaker farmer, travelled from village to
+village in Maine, urging the people to rise up against the legalised sale
+of the drink; and, largely in consequence of his agitation, a tentative
+Prohibition Act was passed in 1846. The first Act was a complete failure;
+it only dealt with ardent spirits, and did not provide adequate means for
+suppressing the traffic in them. Five years later, Mr. Dow, then Mayor of
+Portland, framed a more comprehensive measure, and had it rushed through
+the State Legislature in a couple of days. When the people understood what
+the new Bill meant, its provisions excited a great deal of opposition.
+Rioting took place in several towns, and was only put down by calling out
+the militia. In one of these riots a lad was killed, and this so
+strengthened the pro-liquor party that in 1857 the Act was repealed; but
+it was re-carried the following year, and it has ever since been in force.
+A final step was taken in 1884, when an amendment to the Constitution was
+submitted to direct popular vote, providing that the sale of liquors be
+for ever prohibited. Seventy thousand electors voted for it and only
+23,000 against, so the alteration was made. The consequence of this is
+that the sale of drink can now only become legalised in Maine by
+two-thirds of the electors voting directly for it.
+
+For many years the one aim of the temperance party has been to make the
+prohibition law as effective as possible, and to secure its enforcement
+throughout the State. Wherever any clause in it has been found unworkable
+it has been quickly altered, and every possible legal device has been used
+to ensure the destruction of the drink traffic. The manufacture, sale, or
+keeping for sale of intoxicating liquors as a beverage is absolutely
+prohibited. Any person illegally selling, attempting to sell or assisting
+to sell is liable, on a first conviction, to a fine of fifty dollars, and
+imprisonment for thirty days, and to increasing penalties for subsequent
+convictions, the maximum imprisonment being two years. It is considered
+sufficient to convict if a person pays the United States internal revenue
+liquor tax, issues a notice offering to sell, or delivers to another any
+liquor. Liberal powers of search are given to the authorities, and all
+liquor found by them is destroyed by spilling on the ground. Municipal
+officers are compelled to take action on having their attention drawn to
+any cases of supposed law breaking; and thirty taxpayers in any county
+can, on petition, obtain the appointment of special constables to secure
+the better enforcement of the law. The necessary sale of spirits for
+medical, mechanical and manufacturing purposes is made by specially
+nominated agents, who are supposed to obtain no profit by such sales, but
+to be paid a reasonable remuneration by the municipalities appointing
+them.
+
+In considering the working of this law, it must be remembered that Maine
+presents almost as favourable a situation as could be asked in order to
+give prohibition a fair trial. It is isolated, and has no towns of any
+size. Its citizens are mostly native born Americans, farmers and
+fishermen, innately religious and law-abiding. The foreign element, which
+presents so disturbing a factor in many parts, is almost a negligable
+quantity here. In 1850 there was a population of 583,169, of whom only
+31,825 were foreigners. Nearly three-quarters of the people were engaged
+in agriculture, about one-tenth were mariners, and another tenth found
+employment in connection with the trade in timber. Apart from saw-mills,
+all the factories together did not employ above two or three thousand men.
+Since then factories have greatly increased, and a number of French
+Canadians and Irish have settled in the State. But Maine is still
+principally an agricultural district, and its largest city to-day contains
+less than forty thousand people.
+
+After a trial of forty years, has prohibition proved a success or a
+failure in Maine? The answer to this question entirely depends on the
+point of view from which one looks at the subject. In so far as it has not
+entirely destroyed the drink traffic, prohibition is not a success; but
+it has succeeded in diminishing crime, pauperism and drunkenness, and in
+greatly in-creasing the wealth of the people. In 1857, a few years after
+the law came into force, there were only eleven savings banks in the
+State, with 5000 depositors, and a total of deposits and accrued profits
+of about a million dollars. In 1882 there were fifty-five savings banks,
+with 90,000 depositors; and the Hon. J. G. Blaine estimated the aggregate
+deposits and accrued profits at 30,000,000 dollars or more.
+
+Pauperism has shown a steady decrease. From 1860 to 1870, in spite of an
+increase in most of the neighbouring States, the number of recipients of
+official charity was diminished by 21·4 per cent.; from 1870 to 1880,
+there was a further diminution of 11·6 per cent.; and from 1880 to 1890,
+notwithstanding the fact that the increase for the whole of the States was
+10 per cent., there was still further reduction in Maine of over 20 per
+cent. In 1890 the number of paupers was 1161, or only about one-sixth per
+cent, of the population. The significance of these figures is increased
+when it is remembered that Maine is an old settled State, and in such the
+number of pensioners of public charity is usually far greater than in
+newly opened up districts. Insanity, on the other hand, has spread during
+the last thirty years by leaps and bounds. From 1860 to 1870 the number of
+insane in the State increased by 12·5 per cent.; from 1870 to 1880, the
+increase was 94·7 per cent.; and although the complete figures for the
+last decade are not yet published, there is every reason to believe that
+they will be no more favourable. At first this seems to show that there
+must be some mysterious connection between teetotalism and madness; but
+further investigation reveals the fact that this increase has not been
+confined to Maine alone. In seven other North Atlantic States, where
+liquor selling is permitted, the increase has been far greater: during the
+first period it was 48·8 per cent., and during the latter 138·4 per cent.
+The voluminous statistics on divorce supplied by the Government Bureau on
+Labour[1] do not tell conclusively either one way or another as to the
+influence of the law on married life; for divorce laws differ so greatly
+in various States as to make comparisons practically valueless. In Maine
+there are abundant facilities for undoing the marriage tie; consequently,
+the number of divorces granted is decidedly over the average for the whole
+of the country: though in some States, where divorce is even easier than
+in Maine, such as Illinois, the proportion is far greater than there.
+
+Crime is steadily on the decrease, and the average number of criminals in
+Maine is lower than in any other State in the Union. The number of
+convicts in the State Prison is now less than in any time for twenty-seven
+years; in 1890 there were 65 convicts; in 1891, 50; in 1892, 34. The total
+number of commitments to the county gaols for all crimes (including
+offences against the drink laws) is also on the decrease, as is shown by
+the fact that in 1890 there were 3780; in 1891, 3665; and in 1892, 3515
+commitments.
+
+The official returns of the value of property cannot be altogether relied
+upon; for it is a notorious fact that real estate is systematically
+under-estimated for the purpose of taxation. But while giving no accurate
+idea of the value of the holdings in the State, they do show that the
+material prosperity of Maine has greatly increased. In 1857 the valuation
+of property was about a hundred million dollars; according to the annual
+report of the State Board of Assessors for 1893 the valuation was
+270,812,782 dollars. The Census Department estimated the true valuation of
+real estate in Maine in 1890 at 254,069,559 dollars.
+
+It is admitted on all sides that the prohibition law has not succeeded in
+entirely extirpating drinking, and liquor can still be obtained in most of
+the larger cities by those who seek for it. But the open bar has been
+almost everywhere swept away; and those who wish for liquor have either to
+order their supplies from other States or else go to work secretly to
+obtain them. The prohibitionists claim rightly that they have put the
+traffic outside the sanction of the law, and have made it "a sneaking
+fugitive, like counterfeiting--not dead, but disgraced, and so shorn of
+power". The returns of the Department of Internal Revenue show that there
+are still a considerable number of drink sellers in Maine. In 1890 there
+were 868 retail dealers in liquors of all kinds, and 73 retail dealers in
+malt liquors. During the fiscal year ending 30th June, 1892, there were
+808 retail and 7 wholesale liquor dealers, and 214 retail and 5 wholesale
+dealers in malt liquors. There were no brewers or rectifiers. It must be
+remembered that every person licensed under the Maine law to sell drink
+for "medicinal, manufacturing, or mechanical purposes" is reckoned in the
+Government returns as a liquor dealer; and that the individual who at any
+time sells a single glass of rum is at once made to pay the tax by the
+revenue officials, and tabulated by them as a licensed liquor dealer for
+that year. So although there are nominally 808 retail dealers, it would be
+a mistake to suppose that there are 808 saloons doing business in Maine.
+Considerably over half the total criminal convictions are connected with
+breaches of Prohibition Acts. The number of committals for liquor selling
+and drunkenness in 1890 was 2300; in 1891, 1468; and in 1892, 1714.[2] The
+divorce statistics also show that drunkenness has not been entirely
+suppressed; for in the twenty years ending in 1886, 432 divorces were
+granted for habitual intoxication, either alone or coupled with neglect to
+provide.
+
+Yet, there has undoubtedly been an immense reduction in the consumption of
+drink. One who should be a most excellent authority on the question, the
+Revenue Superintendent of a portion of the North Atlantic States, said
+early in 1872: "I have become thoroughly acquainted with the state and the
+extent of liquor traffic in Maine, and I have no hesitation in saying that
+the beer trade is not more than one per cent. of what I remember it to
+have been, and the trade in distilled liquors is not more than ten per
+cent. of what it was formerly". The latest available revenue returns show
+that the drink trade has been further reduced to about one-eighth of what
+it was at the time this was said. The same revenue returns give the most
+conclusive proof possible of the great reductions in the traffic. In 1866,
+when prohibition was only very partly enforced, Maine paid 2,822,000
+dollars in internal revenue, chiefly on drink and tobacco; in 1887 the
+amount paid was only 50,000 dollars, or less than two per cent. of its
+former amount.[3]
+
+The drinking that now goes on may be divided into three classes,--(1) open
+violations of the law, (2) secret drinking, and (3) obtaining liquor from
+the authorised city agencies. The open violations prevail now to a very
+slight extent; but for a long time three or four cities, especially
+Portland, Lewiston and Bangor, practically set the law at defiance. The
+authorities let it be understood that they would not take action, and
+juries refused to convict even on the clearest evidence. This was partly
+due to personal feeling, partly to political considerations, and chiefly
+to the fact that the rum sellers were strong enough to turn out of office
+either Republicans or Democrats, did they attempt to proceed against them.
+
+Most of the drinking that goes on is done either secretly or through the
+licensed vendors. Of the secret drinking it is not necessary to say much;
+for it no more proves the uselessness of prohibition than the existence of
+illicit stills in Scotland and Ireland proves the impracticableness of our
+licensing system.
+
+The selling by the city agencies is a far more serious matter. These
+places are supposed only to sell drink for the purposes allowed by law;
+but, as a matter of fact, they are often little better than saloons
+licensed to supply spirits to be consumed off the premises. People who are
+well known to require liquor solely as a beverage can obtain it with ease
+on simply stating that they want it as medicine or for trade purposes.
+Judging from the amount of whisky sold as medicine in Portland, a
+considerable proportion of the inhabitants of that place must be chronic
+invalids.
+
+Yet in spite of its failings, the people of Maine regard their law as a
+success, and mean to maintain it. As a correspondent, himself a State
+official, and in a good position to gauge public opinion on the question,
+recently wrote to me: "In the discharge of my official duties I
+frequently visit all the cities of Maine, and in no parts of the country
+do I see fewer cases of intoxication than in Maine cities and towns. In
+our country towns a rum shop or a drunken man can rarely be found, where
+formerly liquors were sold at every store. Our people are prosperous, and
+an overwhelming majority of them are perfectly satisfied with our Maine
+liquor laws."
+
+
+
+
+CHAPTER IV.
+
+PROHIBITION IN KANSAS.
+
+
+All things considered, Kansas is one of the most successful instances of
+State prohibition in the Union. The conditions of life there are very
+different to those that prevail in Maine, and the liquor law has had to be
+enforced under many disadvantageous conditions. Kansas is a Western State,
+nearly half as large again as England and Wales, and with a population of
+less than a million and a half. Like many other parts of the far West, it
+was for some time the refuge of disorderly elements of Europe and the
+Eastern States; and even now there is a very considerable "cowboy" class
+which makes the carrying out of restrictive legislation extra difficult.
+None of its cities contain over forty thousand people, and the number of
+foreigners in the State (excepting English families) is comparatively
+small. It has a large boundary line, and is bordered on three sides by
+States in which the drink traffic is legalised.
+
+In 1880 a prohibitory amendment to the Constitution was proposed and
+carried by a very small majority; and the following year saw the passage
+through the Legislature of a measure to give enforcement to the amendment.
+This was only done after a very fierce fight, and for a time the
+opposition was so strong that it was found practically impossible to give
+effect to the law in many parts. In 1882 the friends of prohibition were
+heavily defeated in the State elections, and it seemed as though the Act
+would certainly be repealed. But there came a reaction in favour of
+temperance; and in place of repeal, the original statutes were in 1885
+considerably strengthened. Since then public feeling has been growing
+stronger yearly in favour of the perpetual ostracism of the liquor
+traffic.
+
+According to the law as it at present stands, the penalty for keeping a
+saloon is a fine of from one hundred to three hundred dollars and
+imprisonment from thirty to ninety days. If the person who obtains the
+liquor is intoxicated by it, then the seller will be held responsible for
+any harm he may do while in that state; and his wife, child, parent,
+guardian or employer may bring an action against the seller for injury
+done to them through being deprived of means of support, etc., and obtain
+exemplary damages.
+
+The chief difference between the Kansas law and that of Maine is that the
+sale of drink for purposes other than tippling is made through licensed
+druggists, instead of through city agencies. The regulations to prevent
+the druggists from selling drink for other than medical, manufacturing and
+mechanical purposes are very strict. No druggist can trade in alcohol
+without a permit; and he can then supply only on an affidavit of the
+customer, declaring the kind and quantity of liquor required, the purpose
+for which it is wanted, that it is not intended to be used as a beverage,
+and that the purchaser is over twenty-one years old. Any person making a
+false affidavit for liquor is counted guilty of perjury, and is liable to
+imprisonment from six months to two years.
+
+The affidavits have to be made on properly printed and numbered forms,
+supplied by the county clerk, and have to be sent in once a month by the
+druggist to the probate judge, with a sworn declaration that such liquor
+as stated has been supplied in due accordance with the law. The druggist
+has also to keep a daily record, in a book open for inspection, of all
+drink sold. For breaking these regulations he is liable to a fine of from
+100 to 500 dollars, and imprisonment from thirty to ninety days, besides
+losing his permit. There are still further checks and affidavits required,
+in the hope of making drug store tippling impossible. But these have by no
+means succeeded in their purpose. They have led to a considerable amount
+of perjury; and both druggists and customers have developed such elastic
+consciences that most of them will now swear affidavits to any extent
+required.
+
+In Kansas the prohibition question has been made a partisan one. The
+amendment was carried irrespective of politics; but when the Legislature
+had to frame the laws the Republicans declared themselves strongly in
+favour of active enforcement; and, after the usual manner of politicians,
+the Democrats took up the other side. Up to a few months ago, to use the
+local parlance, "in the platform of the Republican party there was always
+a stout prohibition plank," and the party never met without making a
+declaration in favour of thorough enforcement. Every Republican was a
+defender of the law; and it was repeatedly said that much of the drinking
+in cities was mainly due to the wilful slackness of the Democrats who had
+control of them. But at the last State election there came a change. The
+Republicans have for some time been supreme in the State, but recently
+there has arisen a new party, the Populists, which has attracted great
+numbers of the farmers from the older political bodies. In Kansas the
+Populist movement is specially strong, and in the last election, by a
+combination of Populists and Democrats, a Populist Governor was elected,
+and the Republicans driven from office. The present Populist majority,
+while not so pronounced on prohibition as were the Republicans, still
+expresses its firm intention of maintaining the law. The Republicans now,
+somewhat disheartened by their defeat, are inclined to hedge on the
+question. Their leaders declare that they will no longer bring forward a
+resolution in favour of enforcement at their conventions, but will instead
+state in their programme that "the Republican party is, as it always has
+been, the party of law, and in favour of enforcing all laws on the statute
+book". They say they will do this because it is now wholly unnecessary to
+specially declare in favour of one law more than another; but there is no
+doubt that the real reason is the hope of being able to draw to their side
+a number of hesitating pro-liquor voters, and so win back their old
+position. One of the leading Republicans of the State, the Hon. John R.
+Burton, frankly explained the state of affairs when he said: "It is high
+time the Republican party of Kansas quits its foolishness, and if it
+expects to succeed it must go before the people on strictly political
+issues. It is time to quit riding a hobby, and next year we must make up
+our platform without any relation to the isms."
+
+But while the party leaders, sore after their defeat at the polls, may
+talk like this, there is very little likelihood of their proposing or
+supporting any retrograde movement; for to do so would be to court certain
+disaster at the elections. The great body of the people are
+enthusiastically in favour of the law, and even many of those who grumble
+at it would join together to prevent the re-enactment of licence in the
+State. Religious and temperance organisations abound, and are active in
+compelling the officials to resolutely enforce the law.
+
+Prohibition is now fairly carried out in the whole of the State, with the
+exception of Wichita, Leavenworth, Atchison, Kansas City, and Fort Scott.
+In these places the law is almost a dead letter, and drink can easily be
+obtained, though the saloons do not openly advertise their business. Yet,
+even after allowing for them, it cannot be denied that the law has led to
+a very considerable diminution in the consumption of liquor, and, with it,
+a decrease in the rowdyism which was once rampant. The number of persons
+paying the Inland Revenue tax has, it is true, increased within the last
+few years, but this is no test of the amount of the intoxicants used. The
+returns, prepared by the United States brewers themselves for trade
+purposes, of the number of barrels of beer consumed within the State in
+six recent years are as follows:--
+
+  1887      16,488
+  1888      15,285
+  1889       9,700
+  1890       2,700
+  1891       2,050
+  1892       1,643
+
+The amount derived by the central Government from Inland Revenue taxes has
+also shown a considerable decrease, though not nearly so great as the
+above.
+
+Innumerable statistics have been brought forward by those favourable to
+the law, to prove that it has had a most beneficial effect on the social
+and moral condition of the people. But it is an open question how far the
+small amount of poverty in the State and the reduction of crime are due to
+prohibition. I have no wish to minimise the actual good accomplished by
+the law, but it can serve no useful end to claim for it benefits that are
+produced by other causes. Kansas is a new settlement, and its surroundings
+and circumstances are such that we might naturally expect its people to be
+comparatively free from poverty and its allied evils. The problems that
+menace the older civilisation of the East, over-crowding, starvation
+wages, and lack of employment, are hardly felt there, and it is not fair
+to claim as the outcome of one law the results that are due to many
+causes. The greatest benefits of prohibition in Kansas are of another
+kind, impossible to show by arrays of figures, but none the less real for
+that. The rising generation is free from those temptations which wreck so
+many of our own youth. The man who is a wilful drunkard can, no doubt,
+find out where to obtain liquor; but he who is weak rather than wicked
+does not have alcohol flaunted in his face wherever he goes. A strong
+public sentiment against excess is created; and those who are doing battle
+with the liquor traffic naturally find themselves opposed to the allied
+evils of gambling and impurity. Hence, in the greater part of Kansas, the
+social evil is kept under, gambling dens are unknown, and the whisky ring
+is banished from politics.
+
+One charge has repeatedly been brought against the law in this State--that
+it has checked the inflow of population. "The hour that ushered in
+prohibition," said the Hon. David Overmyer, Democratic candidate for the
+Governorship, in a speech at Salina last December, "closed our gates to
+the hardy immigrant, the home-seeker, the strong and sturdy class that
+develops a country.... It has driven law-abiding and enterprising citizens
+from the State." Statistics certainly show a decrease in the population
+within the last few years. There was a great inflow of immigrants from
+1870 to 1880, and from 1880 to 1888 there was a further increase of the
+population of from less than a million to over a million and a half. But
+from 1888 to 1890 there was a decrease of about ninety thousand, thus
+reducing the increase in the ten years to about 43 per cent. Since 1890
+the number of inhabitants has probably been stationary. The decrease in
+recent years, however, has been due, not to any State law, but principally
+to the fact that great tracts of Indian territory immediately below Kansas
+have been opened up to white men, and there has been a rush to them. When
+the reduction is allowed for, Kansas showed a greater increase in
+population from 1880 to 1890 than many of the principal Western States in
+which drinking is licensed.
+
+
+
+
+CHAPTER V.
+
+THE LAW THAT FAILED.
+
+
+The commonplace truth that, under representative Government, restrictive
+legislation can only succeed so far as it is backed up by the hearty
+support of the great majority of the people, has recently received a
+striking illustration in Iowa. Twelve years ago the people of this State
+voted, by a majority of 29,759 out of 280,000 votes, in favour of an
+amendment to the Constitution making the sale of intoxicants for ever
+illegal. Owing to some flaw in the method of taking the vote, the
+amendment was subsequently declared by the courts invalid; but in 1884 the
+State Legislature carried, and for a long time the authorities in most
+parts have tried to enforce, what is probably the most drastic measure of
+prohibition known. Everything possible has been done to make the
+conviction of liquor sellers sure; the law has been so drawn, even in the
+opinion of many in favour of restriction, as almost to refuse those
+suspected of trafficking in drink a fair trial; imprisonment, hard labour
+and disgrace have followed conviction; yet the one result of it all has
+been--failure!
+
+Iowa is a thinly populated, somewhat newly settled State, almost in the
+centre of the Union, with about 2,000,000 inhabitants, of whom one-sixth
+are foreigners, chiefly Germans. It must be remembered, in attempting to
+form any true estimate of the causes of the failure of the law, that Iowa
+suffers from the usual weaknesses of youth, whether youth of nations or of
+individuals,--venturesomeness and fickleness. Its people are excitable,
+inclined to experimentalise, and apt to rush to extremes. The spirit of
+respect for the law because it is law, so universal in England, is very
+little known there. If the law suits the people of a city or a county they
+will observe it; if not, then so much the worse for the law! In one town
+the inhabitants will be endowed with remarkable virtue: boys caught
+smoking will be liable to have the stick of the policeman across their
+backs; the sale of cigarettes, even to adults, will be forbidden; ballet
+dancers, if permitted at all, will be ordered to wear long skirts; saloons
+will be unknown; men as well as women found in houses of ill-fame will be
+summarily arrested and punished; and, in short, the municipality will
+devise sumptuary laws about almost everything belonging to the public and
+private life of the people. In the next town, possibly only a few miles
+off, the other extreme will prevail: gambling dens and saloons, although
+both illegal by the laws of the State, will be allowed to carry on their
+business unmolested by the police, on the payment of regular monthly
+fines; there will be a quarter of legalised ill-fame, as in any Japanese
+city, and public women will be inspected and certificated as in Paris. The
+people of Iowa have not yet definitely made up their minds whether they
+shall make their State (by order of the Legislature and with the approval
+of the Governor) into a Paradise on earth, or whether they shall permit
+one another to go to the bad, and shall make the road that way as smooth
+as possible. Meanwhile they are experimenting both ways; and in course of
+time, when the disorderly elements have been controlled, and the
+effervescent stage of State life is passed, Iowa will probably settle down
+to a great and glorious future.
+
+The prohibitory law here, as enacted in 1884 and revised in the following
+years, bears in its general regulations forbidding the sale of intoxicants
+as a beverage a family resemblance to those of Maine and Kansas already
+described. Necessary sales for medicinal purposes are made through duly
+licensed chemists; but a chemist is not allowed to sell to any one unless
+the applicant is known personally to him, or bears a letter of
+recommendation from some reliable person of his acquaintance. The would-be
+purchaser has to fill up the following form:--
+
+"I hereby make request for the purchase of the following intoxicating
+liquors (quantity and kind). My true name is ... I am not a minor, and I
+reside in ... Township, in the County of ... State of ... The actual
+purpose for which this request is made is to obtain the liquor for
+(myself, wife, child, or name of the person it is intended for) for
+medicinal use, and neither myself nor the said (wife, child, etc.)
+habitually uses intoxicating liquors as a beverage."
+
+If the applicant is not known to the chemist, the following form has to be
+filled in by some other person:--
+
+"I hereby certify that I am acquainted with ... the applicant for the
+purchase of the foregoing described liquors, and that said ... is not a
+minor, and is not in the habit of using intoxicating liquors as beverage,
+and is worthy of credit as to the truthfulness of statements in the
+foregoing request, and my residence is ..."
+
+At the end of each two months the chemist has to send in to the county
+auditor all application forms received by him, with a sworn statement
+attached, "that no liquors have been sold or dispensed under colour of my
+permit during said months, except as shown by the requests herewith
+returned, and that I have faithfully complied with the conditions of my
+oath".
+
+The penalties for selling liquor without a permit, or for keeping for the
+purpose of unlawful sale, are, for the first offence, 50 dollars to 100
+dollars fine; for subsequent convictions, 300 dollars to 500 dollars fine,
+and imprisonment for not more than six months. But there is a more severe
+method of proceeding against offenders. An injunction may be obtained for
+the closing of any premises where liquors are unlawfully sold, on the plea
+of their being a nuisance. If they are again opened after this, the
+offender is liable to a fine of up to 1000 dollars, and imprisonment for
+six months or a year. Courts and juries are required to so construe the
+law as to prevent any evasion, and even the general repute of a house may
+be brought as evidence against it. When the injunction method is used,
+there is no trial by jury, and thus a conviction can be secured in
+localities where public opinion is most opposed to the law.
+
+Police officers are bound to inform on offenders, under pain of loss of
+office and heavy fines. Drunken persons are liable to a month's
+imprisonment, unless they give information as to who supplied them with
+liquor; any one who buys liquor unlawfully can compel the seller to return
+him the money paid for it; and when a person gets drunk the seller can not
+only be compelled to pay all costs incurred by any one in attending to his
+customer, but is also liable to an action for civil damages from any
+relative or connection of the drunken man who is injured in person,
+property or means of support by such intoxication. It will be noticed that
+the law directs its penalties against the seller rather than the
+purchaser.
+
+The Act was carried by a Republican majority, and has been fiercely
+opposed by the Democrats. At first the new provisions were observed in
+about eighty-five out of ninety-nine counties in the State, the parts
+refusing obedience being mostly those along the banks of the Mississippi
+and most thickly populated. In these latter it was found impossible, in
+spite of the strictest provisions, to secure even an outward show of
+observance. Rum-sellers, police, justices, and the newspapers all combined
+to ignore the law. Temperance men sought to secure convictions, but in
+vain. When there seemed any likelihood of a specially active reformer
+making trouble, the saloon element did not hesitate to use force to put
+him down. The most notable case of this was that of Dr. G. C. Haddock, a
+warm prohibitionist, who lived at Sioux City, where the law was ignored.
+He spoke and wrote, started prosecutions, and used every means in his
+power against the drink interest. One night, as he was returning home, he
+was surrounded in the open street by a crowd of roughs, and one man
+deliberately shot him in the face, killing him immediately. A prominent
+liquor man was arrested for the offence, and it is said that the evidence
+against him was overwhelming. Nevertheless, the local authorities delayed
+bringing him to trial for as long as possible, and then he was acquitted.
+It was openly alleged that the jury had been specially selected to secure
+this result, and had been heavily bribed.
+
+Yet, in spite of these serious drawbacks, the law at first had some
+measure of success. Governor Larrabee, in retiring from office in 1890,
+referred at some length to the results obtained from it, in his message to
+the Legislature. Though his words cannot be said to be free from
+prejudice, they yet must carry weight as being the official verdict of the
+leading officer of the State. "The benefits which have resulted," he
+declared, "from the enforcement of this law are far-reaching indeed. It is
+a well-recognised fact that crime is on the increase in the United States,
+but Iowa does not contribute to that increase. While the number of
+convicts in the country at large rose from 1 in every 3442 of population
+in 1850 to 1 in every 860 in 1880, the ratio in Iowa at present is only 1
+in every 3130. The gaols of many counties are now empty during a good
+portion of the year, and the number of convicts in our penitentiaries has
+been reduced from 750 in March, 1886, to 604 on 1st July, 1889. It is the
+testimony of the judges of our courts that criminal business has been
+reduced from 30 to 75 per cent., and that criminal expenses have
+diminished in like proportion.
+
+"There is a remarkable decrease in the business and fees of sheriffs and
+criminal lawyers, as well as in the number of requisitions and extradition
+warrants issued. We have less paupers and less tramps in the State in
+proportion to our population than ever before. Breweries have been
+converted into oatmeal mills and canning factories, and are operated as
+such by their owners.... The poorer classes have better fare, better
+clothing, better schooling, and better houses.... It is safe to say that
+not one-tenth, and probably not one-twentieth, as much liquor is consumed
+in the State now as was five years ago."
+
+But even while Governor Larrabee wrote these words the knell of the new
+movement had been already sounded, and from 1890 the cause he advocated
+has been steadily losing ground in the State. His successor, Governor
+Boies, was notoriously opposed to prohibition, and threw the whole weight
+of his authority against efficient enforcement. He declared the
+suppression of the drink traffic to be an impossibility, and that to
+attempt it is "a cruel violation of one of the most valued of human
+rights". As though to make his own assertions come true, he pardoned by
+the wholesale persons convicted of unlawful selling. The result was what
+might be expected. In all communities where the authorities had been not
+over-warm about enforcement they now became slack, and everywhere the
+police said that it was useless to secure convictions merely for the
+Governor to make out pardons. In more than one town and county where the
+trade had long been kept under, it now again made its appearance, and soon
+the last state of Iowa was worse than the first. Most of the teetotalers
+seemed to lose heart and do nothing; while for the few who were active the
+dynamiter's bomb, the incendiary's torch and the murderer's revolver were
+ready to silence them into submission.
+
+But all the blame must not be laid on Governor Boies. He could not have
+assumed the attitude he did had he not been supported by a large
+proportion of the people. His conduct was approved by the State in
+general, as may be seen by the fact that in 1891 he was re-elected for the
+Governorship by a majority twice as large as that he had previously
+secured. Iowa had tired of its anti-liquor crusade.
+
+The condition of affairs in many parts in 1893 was a disgrace to the whole
+State. At Council Bluffs, a town of slightly over 20,000 inhabitants, no
+attempt was made to secure enforcement, and about seventy saloons were
+wide open. The city had made regulations of its own to deal with this and
+similar evils. Drink shops were allowed to do business undisturbed on
+paying the City Treasury 52 dollars 10 cents a month; gambling hells were
+required to pay 100 dollars a month; houses of ill-fame 12 dollars 10
+cents a month, and the inmates of such places 8 dollars 10 cents each.
+
+In Carroll, a town of 3000 inhabitants, a similar plan was adopted, and
+seventeen saloons and four wholesale dealers were allowed to go free on
+paying 20 dollars each monthly, as a town licence. In the whole of Carroll
+county the law was ignored. At Des Moines, with a population of 50,000,
+the amount of drunkenness had been rapidly increasing ever since Boies
+took office. In 1890, out of 2441 total arrests, 940 were for drunkenness;
+in 1891, out of 2921 the number of drink cases was 1015; in 1892, 1113 out
+of a total of 3345 were for drunkenness. In Davenport, with 3000
+inhabitants, largely Germans, there were beer gardens and saloons running
+open week days and Sundays, as free from concealment as though they were
+in the Fatherland. The houses of ill-fame have been licensed here,
+confined to a certain quarter of the city, and their inmates inspected
+weekly and given certificates of health. The keepers of such houses are
+made to pay monthly fees of 25 dollars, and the inmates 10 dollars. A fee
+of 200 dollars a year was required from saloon keepers, and those who
+refused to pay were subjected to all manner of annoyances from the
+municipality.[4]
+
+It would be wearisome to go on further. Hardly a town in the State,
+besides many country parts, but had abandoned prohibition, not for licence
+and control, but for a lawless free trade, tempered by the levying of
+municipal blackmail.
+
+It was manifest that this condition of affairs could not last; and the
+Republican party, that had for many years remained steadfast to the cause,
+at last determined to abandon it. A purposely vague clause was chosen for
+the party platform in 1893, stating that "prohibition is no test of
+Republicanism. The General Assembly has given to the State a prohibitory
+law as strong as any that has ever been enacted by any country. Like any
+other criminal statute, its retention, modification, or repeal must be
+determined by the General Assembly, elected by and in sympathy with the
+people; and to them is relegated the subject to take such action as they
+may deem just and best in the matter, maintaining the law in those
+portions of the State where it is now or can be made efficient, and giving
+the localities such methods of controlling and regulating the liquor
+traffic as will best serve the cause of temperance and morality."
+
+It was fully understood at this election that the Republicans would now
+advocate some modification of the law, and on this understanding their
+candidate for Governorship was returned to office by a large majority. The
+newly elected Governor, the Hon. F. D. Jackson, dealt with the question at
+some length in his inaugural address. "A trial of ten years has
+demonstrated," he said, "that in many counties it (prohibition) has fully
+met the expectation of its friends, having successfully driven the saloon
+system out of existence in those counties. While this is true, there are
+other localities where open saloons have existed during this period of
+time in spite of the law, and in spite of the most determined efforts to
+close them. In such localities the open saloon exists without restraint or
+control, a constant menace to the peace and safety of the public. From
+these localities there is an earnest demand for relief--a demand not from
+the law-defying saloon sympathiser, but from the best business
+element--from the best moral sentiment of such communities--from the
+churches and from the pulpit. While the present prohibitive principle,
+which is so satisfactory to many counties and communities of our State,
+should remain in force, wisdom, justice and the interests of temperance
+and morality demand that a modification of this law should be made
+applicable to those communities where the saloon exists, to the end of
+reducing the evils of the liquor traffic to the minimum."
+
+A measure for the semi-legislation of saloons had been brought forward in
+1893. The malcontents did not ask for the total repeal of the law, but
+they demanded that, in localities where prohibition had notoriously
+failed, some other measures should be tried. At the end of March, 1894, a
+"mulct-tax" Bill was carried in the House of Representatives, and sent on
+at once to the Senate, where it was "railroaded" through without debate.
+Early in April it received the sanction of the Governor and became law.
+This measure is not a licensing law, and does not (nominally) license the
+saloon; but it provides that, on the payment by a saloon-keeper of a
+special tax, and on the observance of certain conditions, he shall not be
+liable to punishment for breaking the prohibitory law. This sounds
+somewhat strange to those of us who still retain old-fashioned opinions
+about the necessity for enforcing all laws or repealing them. Clause 16 of
+the "mulct" Act is surely a curiosity among illogical compromises:
+"Nothing in this Act contained shall in any way be construed to mean that
+the business of the sale of intoxicating liquors is in any way legalised,
+nor is the same to be construed in any manner or form as a licence, nor
+shall the assessment or payment of any tax for the sale of liquors as
+aforesaid protect the wrong-doer from any penalties now provided by law,
+except that on conditions hereinafter provided certain penalties may be
+suspended".
+
+The tax required from liquor-sellers is 600 dollars a year, besides a bond
+for 3000 dollars. If, in a town of 5000 inhabitants, a majority of the
+electors who voted at the last poll sign a written statement consenting to
+the establishment of saloons; or if, in a place with less than 5000
+inhabitants, sixty-five per cent. of the electors sign a similar
+statement, then, in such places the fact that a liquor-seller has paid his
+tax shall be a bar to any proceedings under the prohibitory Acts. Each
+saloon is to consist of a single room, with only one exit and entrance,
+with the bar in plain view from the street, and with no chairs or
+furniture except such as are necessary for the attendants. The attendants
+must all be males, and no liquor is to be sold to minors, drunkards,
+persons who have taken "drink cures," or to any person "whose wife,
+husband, parent, child, brother, sister, guardian, ward over fourteen
+years of age, or employer shall by written notice forbid such sales".
+
+It is too early yet to say what the result of the "mulct" Act will be. The
+latest news from Iowa reports that the necessary proportion of signatures
+for the opening of saloons has been obtained in a number of moderate-sized
+towns, which were formerly thought to be favourably inclined to
+prohibition. In Des Moines 5500 signatures have been secured, and the
+drink-sellers boast that they can obtain one or two thousand more if
+required. It is yet a matter of doubt whether the saloon-keepers in
+several border towns will submit to the new law or will continue their old
+plan; but it seems certain, that for a large part of the State the days of
+even nominal prohibition are over. The State Legislature has agreed to
+re-submit to popular vote the prohibitory amendment to the Constitution;
+but this is done rather as a sop to the advocates of temperance than with
+the expectation that it will lead to any change.
+
+
+
+
+CHAPTER VI.
+
+HIGH LICENCE.
+
+
+High licence in its present form is comparatively a new development of
+American drink legislation. During the early part of the latter half of
+this century reformers would hear of nothing but the most uncompromising
+prohibition. Then came a reaction, and even the stoutest opponents of the
+liquor traffic were forced to admit that in towns of any size prohibition
+has never yet been a success. As a leading reformer put it: "Prohibition
+has not yet touched the question where it presents the gravest
+difficulties, except to fail. After an existence of more than fifty years
+it has yet to grapple with this problem in any great centre of population.
+A law unenforced in its essential particulars debauches the public
+conscience." The question at last had to be faced--how, as men will have
+drink, the traffic in it can be conducted so as to do the least harm to
+the community. This led to high licence, a policy which includes the
+limiting the number of saloons, placing them under strict regulations, and
+fixing the licence fee at such a high rate as will keep all but
+responsible men out of the business. This plan would, it was hoped, meet
+the legitimate demand for drink, exterminate low saloons, and at the same
+time bring in a very considerable revenue, thus applying Emerson's maxim,
+and "making the backs of our vices bear the burden of our taxes".
+
+As a general rule the high licence movement has been supported by the
+Church and the Roman Catholic temperance societies, but has received
+bitter opposition from more extreme abstainers. "High licence is a fraud
+and a failure," said Neal Dow not long since; "and the greatest hindrance
+to the temperance movement in America is the Church Temperance Society,
+which supports it." Liquor-sellers look on it with mingled feelings. Where
+there is a likelihood of prohibition becoming law they openly support high
+licence. Thus the Maine Hotel Keepers' Association recently passed a
+resolution that "local option and high licence is the best means of
+dealing with the liquor question". But, where temperance sentiment is
+weak, the saloon-keepers not unnaturally do their best to maintain the old
+lax low-licence regulations.
+
+The new method first came to the front at Nebraska in 1881, by the passing
+there of the "Slocumb law," which fixed the State licensing fees at 500
+dollars for saloons in small towns, and double that amount where the
+population exceeded 10,000. From Nebraska the idea spread rapidly, and was
+soon adopted by many other States. The most conspicuous instance of its
+working is to be found in Pennsylvania, where the Brooks Licensing Act
+passed through the Legislature in 1887, and came into force on 1st June,
+1888. The leading provisions of the Brooks Act are, that the granting of
+licences shall be left in the hands of the Courts of Quarter Sessions,
+which shall issue whatever number they deem necessary, with full power to
+revoke any or all at the end of each twelve months; that each licensee
+shall pay a fee of from 1000 dollars downwards, according to the size of
+the town or city in which he carries on his trade; and, furthermore,
+besides his giving a personal bond for 2000 dollars, two owners of real
+estate living in the immediate neighbourhood shall also become bondsmen to
+the same amount each, as sureties for his strictly keeping the law. To
+these clauses are added the prohibitions, usual in most of the States,
+against selling on Sundays or election days, or to minors or intoxicated
+persons. As an immediate result of the passing of the Act, the number of
+licensed houses in Philadelphia was reduced from 6000 to about 1300, and
+in other parts of the State even greater reductions were made. The judges
+used their discretionary powers to a considerable extent, and for every
+successful applicant for a licence there were two others willing to find
+sureties and to pay the fees, but whose applications were refused. Yet,
+notwithstanding the reduced number of saloons, the revenue showed a most
+decided increase. Before the passing of the Act the licensing fees in
+Philadelphia came to 300,000 dollars; now, with less than a quarter of the
+former number of houses, they amounted to 680,000 dollars, and the whole
+State derived an annual drink revenue of close on 2,000,000 dollars. It is
+worth noting in this connection that the total amount of criminal and
+charitable expenses in Philadelphia alone caused through excessive
+drinking comes to over 2,000,000 dollars annually.
+
+The law had an immediate and most remarkable effect on crime. The number
+of committals to Philadelphia county prison for the twelve months before
+the passing of the Act was 27,867; for the twelve months afterwards it was
+only 18,218. The number of Sunday arrests and committals for intoxication
+during the same two periods was--before, 1263; after, 381; showing a
+reduction of about 70 per cent. The number of women arrested sank to less
+than one-third, from 138 to 41.
+
+These good results cannot, however, be solely attributed to the fact that
+the licence fees are heavy. "The real virtue of an Act such as we have in
+this State," said a local journal in 1890, "lies not in the high fee, but
+in the restrictions put upon the issuance of licences.... The fee is the
+least important feature of the Brooks Act." In Philadelphia there is a
+strong public opinion to back up the Act; and the police are, on the
+whole, active in searching for evasions. The great obstacles in the way of
+the total suppression of unlicensed houses lie in the two facts that
+juries are not always willing to convict, and that the courts have a way
+of letting the cases run on for an unconscionable time, until it is almost
+impossible to bring witnesses to secure proof of the offences. For
+instance, it was reported by the Police Department in November, 1891, that
+since June in that year there had been 325 arrests for unlawful sale,
+etc.; 242 of these were returned to court; in 204 cases were true bills
+found, only 99 cases had been fully tried (out of which 76 convictions
+were secured), and there were no less than 103 cases awaiting trial, and
+28 more awaiting the action of the grand jury.
+
+Since the first year, the licensing judges in Philadelphia have gone in
+for increasing the number of saloons, and proportionately with the
+increase of liquor shops the total of arrests for intoxication has risen.
+There were 32,974 persons taken up by the police for intoxication and
+disorderly conduct the year before the passing of the Act, while for the
+year afterwards there were only 19,887. For the twelve months from June 1,
+1890, the number of saloons was increased to about 2000, and the
+committals at once rose to over 25,000.
+
+In the next licensing year the number of houses was again reduced, and
+once more the number of arrests showed a reduction, though not
+proportionately large. Last year the judges decided to increase the
+number; and it is to be feared that if they do not stop this course the
+amount of drunkenness will soon be as great as it was before the passing
+of the Act. Thoughtful citizens are widely awake to the evils of this
+course, and great pressure has been brought to bear on the judges to
+abandon their present policy. In September, 1893, the local Law and Order
+League sent a letter round to many of the leading inhabitants on this
+matter; and through the courtesy of its secretary I am able to reproduce
+parts of it here. "Persistent efforts have been and are still being
+made," the Committee stated, "to induce the court to increase the number
+of liquor licences.... We have reason to believe that a large number of
+applications have been and will be made in the interests of a few
+individuals who manage to evade the law, which does not allow an applicant
+to be interested in more than one licensed place--thus you will see that
+the greatest vigilance has to be exercised in dealing with this subject.
+
+"There were 224 more licences granted from 1st June, 1893, than for the
+previous year; and the number of arrests for intoxication in the last
+three months, ending 1st September, as compared with the same period of
+time in the previous year, shows the following result:--
+
+  Year.                    No. of licences.  No. of arrests.
+  1892 June to September         1928             7056
+  1893  "          "             2181             7375
+
+--an increase of 319 over the previous year."
+
+In some cities, the Brooks law has, for a time at least, apparently led to
+an increase of the very evils it was framed to check. Thus, in Pittsburg
+the number of saloons was cut down from 1500 to 244, and finally to less
+than 100, yet the arrests for intoxication went up by 10 per cent.
+
+But further investigation shows that this result has been brought about by
+the open, unchecked setting the Act at defiance. "Speak-easies" (that is,
+unlicensed saloons) have been allowed to spring up in such numbers that
+five years ago there were probably seven to each licensed house. These
+places were permitted to exist because of the political power of their
+owners, and the police did not dare proceed against them. The agent of the
+local Law and Order League opened prosecutions against about 150 such
+houses in a couple of years; but in nearly every instance the juries
+refused to convict. It has been openly stated time after time that both
+the police and juries are under the control of the liquor ring, though
+just now there is admittedly a great improvement in this respect. At
+ordinary times the "speak-easies" are conducted with at least a show of
+secrecy, getting their liquor in at night, and thinly disguising
+themselves as cigar shops, drug stores, or eating houses; but during
+elections they sometimes throw off even the appearance of concealment,
+knowing that no one will venture to attack them. At the election of
+January, 1890, the local _Commercial Gazette_ reported: "On Sunday not a
+few of the select seven hundred were running wide open. They were not
+'speak-easies,' but 'yell-louds,' as they disturbed their neighbourhoods
+with their hideous conduct. What inducements have regularly-licensed
+saloons to observe the law and renew their licences in the spring if
+saloons that pay no licence are permitted to sell not only throughout the
+week but on Sundays, when of all days they should be kept shut? The
+'speak-easies' have, or imagine they have, a 'pull' on the political
+parties, that they thus dare to impudently disregard the law." A partial
+failure of the Act has been caused in other places besides Pittsburg by
+the presence of such houses; and even where the police do their utmost it
+is no easy matter to exterminate them. The Chief of Police in Lancaster
+county reported in 1889 that there was a considerable amount of
+drunkenness among women and young people; and that the drink was obtained,
+not in licensed houses, "but in hell-holes known as beer-clubs, or in
+houses where beer is delivered in quantities". From other parts come
+similar reports.
+
+Unquestionably, high licence, when properly enforced, is a check to
+intemperance; with an unbiassed executive, an uncorrupted police and a
+law-abiding community, it does much to rob the liquor traffic of many of
+its evils. But, unfortunately, these conditions are not to be found in
+many American cities. All who have studied the working of the law admit
+that the mere fact that a licence fee is high is not enough in itself;
+this must go along, as it does in most places, with a large measure of
+local control and with wise restrictive legislation. The great fault of
+the high-licence plan is that it leaves the saloon almost as great a power
+in politics as ever. But how this is to be prevented, short of sweeping
+the drink-sellers away altogether, does not appear.
+
+
+
+
+PART II.
+
+GREATER BRITAIN.
+
+
+
+
+CHAPTER I.
+
+PROHIBITION AND LOCAL OPTION IN CANADA.
+
+
+While Great Britain has been content, for many years, to do little more
+than talk about proposed temperance legislation, Greater Britain has been
+active in framing laws, testing them by actual practice, and revising,
+strengthening or abandoning them as the results have shown to be
+advisable. Our colonial cousins, free from the prejudices and cast-iron
+traditions of English political life, have displayed far more willingness
+to adopt strong remedies for a grave disease than have we ourselves at
+home. In Canada the drink question has been, for over a quarter of a
+century, one of the most pressing problems in Dominion politics; and the
+results of efforts made to solve it there should prove of real value to
+law-makers on both sides of the Atlantic. Compared with England, Canada is
+decidedly a sober country. In some parts total abstinence is the rule
+rather than the exception; the average consumption of liquor is
+comparatively small; and the liquor traffic has been for years under
+strict regulation. Though the licensing laws differ in the various
+provinces, they are everywhere much in advance of our own. Sunday closing
+is universal, no drink can be sold on election days, and in most districts
+the taverns have to be shut up on Saturdays at six or seven in the
+evening. High licence prevails in many of the cities, the penalties for
+serving minors or drunken persons are very heavy, and a limited form of
+local option gives communities power to sweep away almost all of the drink
+shops in their borders. The result of these measures may be seen in the
+fact that while in England the annual consumption of drink is thirty-four
+gallons per head, in Canada it is only four.
+
+Early in the seventies, the temperance party started an agitation to
+obtain out-and-out prohibition. Petitions poured in on Parliament, and
+such pressure was brought to bear on individual members that the Dominion
+Government finally decided to introduce an Act which would give the people
+in every city and county the right to interdict the traffic there. The
+framing of the measure was left in the hands of the Hon. Robert Scott, a
+well-known lawyer and a member of the Government, and he drew up a Bill
+which seemed at the time as stringent and as workable as possible. The
+"Scott Act," as it was at once universally called, provided that on
+one-quarter of the electors of any city or town petitioning the
+Governor-General, he should cause a direct vote to be taken as to whether
+the place was to come under the Act or not. A bare majority would decide
+either way; and once the election was held, the question could not be
+re-opened for three years. At the end of three years, the defeated party
+might demand another poll. If the people decided to come under the Act,
+all licences in their district would lapse at the end of the year, without
+any compensation being paid to the licence holders, and then the ordinary
+manufacture or sale of intoxicating liquors as a beverage would be
+absolutely prohibited. The penalties provided for attempting to evade the
+law were--50 dollars for the first offence, 100 dollars for the second,
+and not more than two months' imprisonment for each subsequent conviction.
+Everything was done to make the recovery of the penalties as simple as
+possible; there was no power of appeal, and, while it was the special duty
+of the collectors of Inland Revenue to see that the law was enforced, any
+private individual had the power to institute a prosecution.
+
+The Scott Act was received with almost universal approbation; Macdonald
+and Mackenzie, the two leading Canadian statesmen, supported it; and in
+May, 1878, it was read for a second time in the Dominion House of Commons
+without a division. It received the Royal Assent the same month, and
+became law. Within the next seven years it was submitted to seventy-seven
+electoral districts, and was accepted by sixty-one. The majorities for it
+were usually overwhelmingly large. In York, 1215 electors voted for the
+Act, and only 69 against; in Prince the figures stood, 2062 for, 271
+against; and in many other places the proportion was about the same. But
+the hot enthusiasm for prohibition did not last very long. Communities
+that had voted to go under the Act became first lukewarm and then hostile;
+and soon a repeal movement set in, almost as strong as the demand for
+prohibition that had preceded it. The revenue returns showed, it is true,
+a most decided diminution in the consumption of liquor. Comparing the
+statistics for the ten years ending 1888 with those for the ten ending in
+1878, the _per capita_ reduction was 39 per cent. in spirits, 8 per cent.
+in beer, and 49 per cent. in wine. But this apparent reduction was almost
+altogether neutralised by the great increase in smuggling. The coast line
+of the seaboard provinces is so extensive that even the utmost vigilance
+of the revenue authorities cannot altogether put this down. The extent to
+which it prevailed may be shown by the estimate of Lieutenant-Colonel
+Forsythe, chief of the police at Quebec, that in a single year 5000
+barrels of liquor were landed by smugglers at one place, St. Pierre
+Miquelon.[5]
+
+What was the cause of this change of sentiment? Perhaps the principal
+reason was an unfortunate dispute which arose between the Dominion and the
+provincial authorities as to whether the right to pass laws dealing with
+the drink traffic lay with the former or the latter. The provincial
+authorities declared that the Central Parliament was exceeding its powers
+in passing such a measure, and the point was fought out before the courts.
+After various decisions by the lower courts, the Judicial Committee of the
+Privy Council declared, in June, 1882, that the Scott Act was
+constitutional. Then the provincial and local authorities practically
+refused to take steps to ensure the active enforcement of the Act. They
+said that as it was a Dominion, and not a provincial measure, the Dominion
+Parliament must see to it. Political issues became mixed up with the
+question of enforcement, and in many parts law-breakers well understood
+that the local authorities would take no active steps to bring them to
+justice, if they could avoid doing so.
+
+Senator Scott, the framer of the law, himself admits that this is the true
+explanation. In a recent interview he said: "The provisions for enforcing
+the law were full and complete. But there is no Act in the statute books
+that was more bitterly opposed; some of the judges in the maritime
+provinces even refused to give effect to it. The law was fought out in
+every court in the land; and until the Judicial Committee of the Privy
+Council sustained it, the attempt at enforcement was hopeless. Neither
+Governments nor courts regarded it with favour. The onus of enforcing the
+law was cast upon the Federal Government, yet that Government could not be
+charged with showing any disposition to enforce the law.... The
+temperance element in very many localities either condemned the omission
+of the executive to put the law into operation, or became indifferent on
+the subject. Wherever there was a strong temperance sentiment, as in many
+counties in the maritime provinces, the law was enforced by the people,
+and it has borne good fruit."[6]
+
+The case of Ontario, which has excited special interest in England, may be
+taken as in many respects a typical one. The temperance party is very
+strong here, and the Act was adopted in 1884 and 1885 by about two-thirds
+of the province. A vigorous attempt was made to enforce it, and at first
+with some show of success. The consumption of liquor was for a time
+diminished, the saloons put up their shutters or sold only temperance
+drinks, and illegal traders were quickly brought to book. Mr. W. J.
+Thomas, a Toronto brewer, has given the following as the experience of his
+firm with the Scott Act: "I found my output to decrease during the Scott
+Act years, and to change in character. It was sneaked into Scott Act towns
+by night, and in all sorts of boxes, barrels, and other packages. There
+was also a large increase in the bottle trade, as well as more bought for
+private families."
+
+But soon trouble came. Legal authorities raised difficulties in the way of
+maintaining the law, and convictions were often quashed on appeal on the
+slightest grounds. The pro-liquor party showed fight, and persons who
+attempted to give evidence against drink-sellers would have their windows
+broken, would suffer personal violence, and would be publicly denounced as
+"sneaks" and "spies". A system of intimidation was organised, magistrates
+who convicted were openly insulted and threatened, notable temperance
+workers had their houses blown up or their ricks fired, and informers went
+in danger of their lives. After a time, moreover, the commitments for
+drunkenness showed a considerable increase; in 1876, they were 3868: in
+1887, when the Act was in force, they had mounted to 4130; and in 1892,
+after the repeal of the Act, they were only 2736. This increase of
+drunkenness under prohibition was probably due to the fact that people
+became addicted to whisky, owing to its being portable, rather than beer,
+which they could not so easily smuggle or hide.
+
+The story of a publican, given before the Royal Commission, is of
+interest, as showing how drink-sellers evaded the law. "I had two years'
+experience of the Scott Act at Port Huron, a town of 2000 inhabitants,"
+said Mr. J. C. Miller. "I complied with the Scott Act at my hotel there
+for three months, but the receipts would not justify perpetuity. On the
+12th July I made a drink called 'conundrum drink,' composed of water,
+lemons and whisky. This was supplemented by lager, called for the day
+'blue ribbon beer'. The temperance men sent up two detectives from
+Kincardine, who were low characters, and would swear to anything. When
+they came to give evidence, I gave them forty dollars to clear me, and
+they did so.
+
+"Dr. McLeod (a Commissioner).--You paid them the money to perjure
+themselves?
+
+"Mr. Miller.--Well, I gave them forty dollars, and do not know whether
+they got liquor in my place or not. They were prepared to swear that they
+did, and they swore that they didn't. I then tried the experiment of
+keeping the liquor to give away, and it was entirely successful. Then I
+sold cider, and gave the liquor away. That was also successful; and after
+the temperance men sought several times to secure a conviction without
+success, they let me alone, and I sold freely until the Act was repealed."
+
+It must not be supposed that the temperance people were passive spectators
+of these attempts to defy the law. On the contrary, they were active in
+prosecuting. The number of prosecutions for breaches of the law in the six
+months ending in July, 1886, was 1005; for the six months ending in
+October, 1887, the number of prosecutions was 2845. The number of
+convictions in the first period was 541, and in the second period 1771.
+
+The electors of Ontario had enough of the law, and at the earliest
+possible opportunity the Act was repealed in every county in the province.
+
+Mr. F. S. Spence, the secretary of the Dominion Alliance, gave the
+following as the reasons why (in the opinion of prohibitionists) the law
+was repealed:--
+
+"(1) Because the people were disappointed in finding that it did not give
+them a fuller measure of prohibition.
+
+"(2) Because of the hard feeling engendered among neighbours by the
+forcing of evidence.
+
+"(3) Because of the annoyance caused by the hotel-keepers closing their
+houses, and of the terrorism practised.
+
+"(4) Because of the inefficiency of the machinery for the enforcing of the
+Act.
+
+"(5) Because the vote for repeal was often brought on prematurely during a
+time of local irritation over the effects of the Act.
+
+"(6) Because of antagonistic personal influence."
+
+The temperance party did not take its defeat quietly. It maintained that
+the failure was due, not to any mistake in the principle of prohibition,
+but to erroneous legislation and weakness of administration; and a fresh
+agitation was soon started for a more perfect measure. But for some time
+action was delayed. The great stumbling-block in the way of the
+authorities doing anything is the doubt whether the right to legislate
+lies with the federal or the provincial authorities. The decision of the
+Privy Council in 1882, while settling the legality of the Scott Act, by no
+means made clear the exact line of demarcation between the powers of the
+greater and lesser Legislatures on this matter. In order to settle this,
+the Ontario Government has submitted to the Supreme Court a constitutional
+case which will clear up the matter. As soon as this is decided there, it
+will be taken on to the Privy Council, and it is expected that by early
+next year the matter may be finally settled.
+
+This doubt has given Dominion politicians a very good excuse for doing
+nothing. "When we get a prohibition law in Ontario," said Sir Oliver
+Mowatt, the Ontario Premier, in answer to a deputation (20th April, 1893),
+"we will want one that is enforced. There is no use in a nominal
+prohibition, no use in putting a prohibition law on the statute book,
+unless we can, and do, enforce it. You all know that a prohibition law is
+difficult of enforcement, as there are too many people interested in its
+not being enforced. If a law is not enforced to any extent, it is a
+thousand times worse than if there was no such law on the statute book.
+Any prohibition law under the present condition of public sentiment is
+difficult of enforcement; and if there were any reasonable doubt as to
+whether that law is valid or not, it would be hopeless to attempt to
+enforce it. We may be sorry for that, and unwilling to believe it; but if
+we endeavour to enforce in this country a prohibition law, when there is
+not a reasonable certainty of its being valid, it will be a hopeless
+task."
+
+Year by year, since their defeats in 1887 and 1888, the prohibitionists
+have been gaining greater political power, and they now command so many
+votes that neither party can afford to ignore them. In order to make a
+show of satisfying their demand, and at the same time, perhaps, to shelve
+the question for a year or two, the Dominion Government appointed, in
+1892, a Royal Commission to inquire into the whole subject. Since then
+the Commissioners have been moving from place to place, collecting a
+considerable amount of useful, and a still larger quantity of irrelevant
+and next to valueless information. The Commission has given a great many
+no doubt worthy persons the opportunity of airing in public their
+individual opinions on the folly or wisdom of total abstinence, on the
+exact number of ounces of alcohol it is wise to consume in a day, and on
+other equally absorbing themes. But if the Commissioners print _verbatim_
+all the evidence that has been tendered before them, their report will
+almost rival in bulk the holy books of the Buddhists, or the report of the
+Sweating Commission.
+
+In 1893 and 1894, in order to accurately ascertain the real opinion of the
+people on the liquor question, the greater number of the Provincial
+Governments took plébiscites on prohibition. The plan was adopted from the
+well-known Swiss referendum; but with the great difference that, whereas
+in Switzerland a sufficient majority obtained by the direct vote alters
+the law, the plébiscites in Canada have no legislative effect whatever,
+but are purely expressions of opinion, taken as test of the popular will.
+At first the extreme left wing of the temperance party looked with some
+disfavour on them, and declared that they were nothing but pretexts to
+delay legislation.
+
+A plébiscite was first taken in Manitoba, on the same day as the general
+election, at the end of 1892. Two-thirds of this province are said to be
+already under prohibition, by means of local option laws, and out of the
+forty members of the Legislature twenty-two are reputed total abstainers.
+The vote was taken on the single question: "Do you think the prohibition
+of the manufacture and sale of intoxicating liquor desirable? Yes or No."
+The number of votes recorded was fairly large, being only a little over
+five per cent, less than that cast for the candidates for the Legislature.
+The result was a complete victory for the prohibitionists. Even Winnipeg,
+the largest city, which was reckoned a very doubtful place, gave a
+majority of 1300 for prohibition. The result in the whole province was:--
+
+  Total votes for candidates,    28,204
+  Total votes on prohibition,    26,752
+  For prohibition,               19,637
+  Against prohibition,            7,115
+  Majority for prohibition,      12,522
+
+The Provincial Assembly has since requested the Dominion Parliament to
+give effect to the popular vote by legislative enactment.
+
+In Prince Edward Island a plébiscite has shown a majority of 7000 in
+favour of prohibition; and in Nova Scotia, where a poll has just been
+taken, the result has been a majority of 31,701 for prohibition. But the
+most surprising result of all has come from Ontario. It was generally
+anticipated by those not on the spot that this province, with its former
+unfortunate experience, would hardly again support a proposal for the
+suppression of the drink traffic. A vote was taken on New Year's Day,
+1894; and all persons having votes at municipal elections, and all
+unmarried women and widows who exercise the franchise, were allowed to
+take part. No elector had more than one vote. The question submitted was:
+"Are you in favour of the immediate prohibition by law of the importation,
+manufacture and sale of intoxicating liquors as a beverage?"
+
+The temperance party made great preparations for the election. Innumerable
+meetings were held, committees of ladies canvassed the voters, ministers
+urged on their congregations the duty of rightly using their electoral
+powers, and all that was possible to ensure success was done. The
+teetotalers in Ontario undoubtedly anticipated a victory, but even the
+most sanguine among them had hardly dared to anticipate such a majority
+as was obtained. 192,487 voted for prohibition, 110,757 against, leaving a
+majority in favour of 81,730 votes.
+
+The most discouraging thing about the plébiscite is the fact that only
+about 58 per cent. of the electors in the province took the trouble to
+record their votes. The women constituted 35 per cent. of the total
+electors, and while the ballot forms for the men were printed on yellow
+paper, those for women were on blue, in order that it might be ascertained
+how they voted. It was found that the women were six to one for
+prohibition. So if the votes of the women had been taken away, the
+majority in favour would have been reduced to a few thousands.
+
+But after allowing for these things, the victory was unquestionably a
+notable one. The chief strength of the liquor party lay, as usual, among
+the foreign portion of the community, and those towns in which the Germans
+predominated declared by large majorities against prohibition. In Toronto
+the prohibitionists obtained a majority, but so many electors abstained
+from voting as to make this apparent victory little better than a defeat.
+But many places that had been confidently expected to declare for licence
+decided the other way. Even several districts that a few years ago almost
+unanimously repealed the Scott Act, had come round again in favour of
+prohibition.
+
+The temperance party in Ontario is now somewhat divided. There is a noisy,
+if not very influential section, that is in favour of the Provincial
+Legislature at once passing a provincial prohibitory law, taking for
+granted that the Privy Council will decide in favour of the State right to
+do so. Happily, this section is in a minority, for no course could be more
+harmful to the temperance cause. If a provincial prohibitory law were
+passed now, magistrates would fear to enforce it fully until they knew
+whether it was really legal or not; cases of conviction would be the
+subject of unceasing appeals from court to court; and every cause that
+made the Scott Act a failure would, in an accentuated degree, prevent the
+efficient carrying out of the new law.
+
+Many members of the temperance party recognise this, and have determined
+to work for prohibition under the local option laws, and for the creation
+of a still stronger public sentiment against drinking, until the decision
+of the courts is known. Then, if it is found that the province has the
+right to prohibit, a Prohibition Bill will be introduced.
+
+The Government has adopted this latter plan, and the Premier, Sir Oliver
+Mowatt, has given the following pledge for himself and his colleagues: "If
+the decision of the Privy Council should be that the province has the
+jurisdiction to pass a prohibitory liquor law as to sale, I will introduce
+such a Bill in the following Session, if I am then at the head of the
+Government. If the decision of the Privy Council is that the province has
+jurisdiction only to pass a partial prohibitory liquor law, I will
+introduce such a prohibitory Bill as the decision will warrant, unless the
+partial prohibitory power is so limited as to be ineffective from a
+temperance standpoint."
+
+Prohibitionists in Ontario will only do themselves harm if they imagine
+that the battle for the suppression of the liquor traffic there is already
+won, or will be won on the passing of a suitable Act. On the contrary, it
+is certain that any prohibitory Bill, when passed, will meet with the
+greatest opposition from a considerable portion of the community.
+Innumerable efforts will be put forth to make it a dead letter, or to
+break it down in any way whatever. There is a large and controlling
+section of electors on whom the continuance of the law depends. It is now
+willing to give prohibition a trial, and if it is anything like a success
+it will maintain it. But, if it should prove unworkable or unsuccessful,
+then the great body of the people will soon send it on the same road as
+the Scott Act.
+
+So far as plébiscites have been taken throughout the Dominion, they have
+been in every province in favour of prohibition. There are three provinces
+in which there has been no voting,--New Brunswick, British Columbia, and
+Quebec. The last named is admitted to be, on account of the large
+proportion of settlers of French descent in its borders, the province
+least friendly to the suppression of the traffic; but the other two are
+generally regarded as strongholds of temperance. The opinion of New
+Brunswick may be seen by the following resolution passed by its
+Legislative Assembly on the 7th April, 1893: "Whereas, in the opinion of
+this Legislative Assembly, the enactment of a prohibitory liquor law would
+conduce to the general benefit of the people of the province, and meet
+with the approval of a majority of the electorate; and whereas legislative
+power in respect of the enactment of such law rests in the Parliament of
+Canada; therefore, resolved that this Assembly hereby expresses its desire
+that the Parliament of Canada shall, with all convenient speed, enact a
+law prohibiting the importation, manufacture, and sale of intoxicating
+liquors as a beverage, into or from the Dominion of Canada."
+
+Many demands have been made that the Dominion Parliament, under the powers
+it was declared to possess by the Privy Council decision of 1882, shall
+immediately enact a Dominion prohibitory law. This, however, it refuses
+to do; and Sir John Thompson, the Dominion Premier, recently stated he can
+do nothing this Session, owing to the tariff reductions; and he does not
+think it would be a proper course to announce a policy until after the
+report of the Royal Commission on the question has been presented.
+
+
+
+
+CHAPTER II.
+
+LOCAL CONTROL IN NEW ZEALAND.
+
+
+In no British colony is the temperance sentiment stronger, or is there
+more likelihood of the agitation for prohibition being brought to a
+successful issue, than in New Zealand. Its statesmen have shown during the
+last few years great political venturesomeness; the parliamentary suffrage
+has been given to women; social, it may be said socialistic, legislation
+of a most pronounced character has been encouraged, and the dreams of
+English Radicals have turned to blossom and fruit under the Southern
+Cross. The danger at present seems to be, not that the changes will be too
+slow, but that politicians, eager to anticipate the public wishes, may
+adopt and carry advanced legislation for which the colony is not prepared.
+This danger has been greatly increased since the passing of female
+suffrage. Whatever merits women may have as politicians, moderation is not
+one of them; and in the last election they plainly showed that they intend
+to select for power the men of most outspoken views and extreme policy.
+
+New Zealand is a country of to-day, and knows but little of the social
+difficulties that are taxing all the energies of politicians in lands with
+a longer history. The rougher and poorer emigrants have mostly chosen the
+other Australian colonies in preference to it, and it is peopled to-day by
+a picked body of prosperous Englishmen and Scotchmen. As regards the
+consumption of liquor, it takes almost the lowest place among those lands
+that fly the Union Jack. The average expenditure per head comes to only a
+little over three pounds a year, and the amount of proof spirits consumed
+per head in the same time is a little over two gallons, or only about half
+of the quantity drunk in England. The prohibitionist party is very strong
+in the colony, and is led by Sir Robert Stout, the Liberal ex-Premier. The
+prohibitionists do not attempt just now to secure a measure forbidding the
+sale of liquor throughout the colony, for they regard that as at present
+impracticable. Their demands for the time are local option of prohibition
+by a simple majority, and no compensation. This latter point they have
+secured; and the question of pecuniary compensation to dispossessed
+publicans is no longer within the range of practical politics in New
+Zealand. In 1892 a Licensed Victuallers' Compensation Bill was brought
+before the House of Representatives; but it aroused such general
+opposition that its proposers did not venture to ask for a division on it.
+
+The tendency of legislation has been for some years steadily in the
+direction of giving increased direct power of control to the people. For
+some time the supervision of the drink trade was left in the hands of the
+various Provincial Councils, but in 1873 Sir William Fox, then Premier,
+carried a measure through Parliament which granted to two-thirds of the
+adult residents in any neighbourhood the right of preventing the issue of
+new licences there, on notifying their desire in that respect by signing a
+petition. Eight years later, a new Act repealed this veto law, and
+provided a more complicated machinery for dealing with the question.
+According to this, a Licensing Board was chosen annually by the electors
+in each district, and once in every three years the ratepayers voted on
+the question whether any licences should be issued in their neighbourhood.
+If they decided in the negative, the Board had to abide by their decision;
+but should they wish for an increase, the matter was then brought before
+the Board, though this body was by no means obliged to grant new licences,
+even when the popular vote had given it power to do so.
+
+In many ways this Act proved a practicable, workable measure. The Inland
+Revenue returns showed each year, from the passing of the Act up to 1889,
+a steady diminution in the consumption of drink, amounting altogether in
+the seven years to twenty-five per cent.; and though this reduction has
+not been quite maintained during subsequent years, the trade is still
+considerably less than it formerly was. The Act stopped the increase of
+public-houses, though very few of the old hotels were deprived of their
+licences under it. Out of 1500 licensed houses in the colony, only
+twenty-five were closed under the Act during the first seven years. Since
+that time the advanced temperance party showed considerably more activity
+in this direction, and succeeded in obtaining a withdrawal of most of the
+licences in more than one district. But a doubtful legal point cropped up,
+as to how far Local Boards have the power to take away old licences, that
+prevented very much being done. In a certain licensing district the
+temperance party aroused itself and succeeded in electing a Board pledged
+to close the hotels. The Board kept its promise, and thereupon the
+liquor-sellers brought a case before the courts, on the grounds that the
+members of the Board had publicly pledged themselves as to their line of
+action before election, and therefore they were biassed and did not deal
+with the licences in a judicial manner. The court upheld the publicans and
+declared that the deprival of the licences was illegal. This decision, of
+course, practically took from the electors the greater part of their local
+control. Another point in which the system proved unsatisfactory was in
+the supervision of licensed houses. There seems to be a general opinion
+among moderate men that the Boards were not nearly strict enough in
+bringing offending licence-holders to book.
+
+The Act of 1883 was not sufficiently drastic to satisfy the temperance
+party; and last year Mr. Seddon, the Liberal Premier, brought before the
+Legislature and carried a liquor law which he said would meet with the
+approval of all parties. The measure is called "An Act to give the people
+greater control over the granting and refusing of licences". The licensing
+authority is still left in the hands of locally elected bodies: though no
+member of any such body can be disqualified from sitting or acting
+because he has at any time expressed his views or given any pledge as to
+the liquor traffic. The whole of the colony is now divided into sixty
+districts, and each of these has its own Board, consisting of the resident
+magistrate, and eight other residents in the district. Any elector living
+in a district shall be qualified to become a candidate for election to the
+Board there, unless he is a paid colonial or local official, or is
+directly or indirectly pecuniarily interested in the liquor traffic. When,
+once in three years, the licensing committee is elected, each voter has
+submitted to him at the same time three alternatives: and he must scratch
+out two of these, thus voting for the one he leaves untouched, or his
+paper will be void. The three choices are:--
+
+(1) I vote that the number of publicans' licences continue as at present.
+
+(2) I vote that the number of publicans' licences be reduced.
+
+(3) I vote that no publicans' licences be granted.
+
+No vote for a committee-man will be counted unless the elector also
+chooses one of these things at the same time as he votes for the members
+of the committee.
+
+On the result of the direct vote the committee must act. No election is
+valid unless at least one-half of the voters on the register take part in
+it. An absolute majority of the votes recorded in any district carries
+either of the first two propositions, for no alteration or for reduction;
+but the proposal for no licences at all can only be carried on a majority
+of three-fifths of those voting deciding in favour of it. If the votes for
+no licence are under three-fifths, they are added to those for reduction,
+and counted as part of such. Where the proposal for reduction is
+successful, the committee shall carry out such reduction as it may think
+fit, provided that it does not exceed one-quarter of the total number of
+public-houses. Such licences as have been endorsed for breaches of the law
+since the passing of the Act are first to be taken away, and then those
+held in respect of premises which provide little or no accommodation for
+travellers beyond the bar.
+
+The temperance party is seriously dissatisfied with this measure. "This
+Bill, I believe," said Sir Robert Stout in the House of Representatives,
+"is a Bill more in favour of the liquor traffic than if I had met the
+Licensed Victuallers' Association, and asked them to come to some
+compromise. I believe the association would have given a more reasonable
+Bill to the temperance party than this measure. That is my opinion, and I
+believe I am speaking what is correct, from what I have heard." The chief
+objections of the local optionists are to the clauses that provide for a
+three-fifths majority for prohibition, and for a 50 per cent. poll before
+an election is valid; they also say that the licensing areas are too
+large, and that the Act practically gives the publicans three years'
+licences. At the parliamentary elections that took place since the measure
+was passed, the question of a bare majority sufficing to carry the
+proposal for no licences has been made a test one everywhere; and the
+teetotalers, aided by the women's vote, have carried their point in so
+many places that there seems every prospect of the law being altered in
+this respect almost immediately.
+
+The first licensing election under the new Act took place at the end of
+March, 1894. A fresh and somewhat disturbing factor was introduced in it
+by the voting power of the newly enfranchised women. The women were (as
+they had been in the parliamentary elections) by an overwhelming majority
+in favour of either no licences or reduction, usually the former.
+Sometimes they allowed their zeal to slightly outrun the bounds of
+womanliness. Thus, at one meeting at Christchurch, called by the leading
+clergy for the consideration of the question, they took possession of the
+hall, voted down the proposals for reduction, and refused to listen to the
+speakers. The chairman would not allow them to put their amendment for no
+licence, so they would not let the meeting continue. They were as rowdy
+(if reports in various local papers can be trusted) as an excited meeting
+at a fiercely contested election in England. Finally they determined to
+there and then convert one of their leading opponents. "Pastor Birch,"
+reports the _Christchurch Weekly Press_, "says that when he came out of a
+meeting the ladies were hatching a conspiracy against him. They intended,
+when he left the meeting, to surround him in the middle of the road. A
+compact ring of female enthusiasts was to be formed round him, and, when
+they had him fairly wedged in, they intended to kneel down and pray for
+him. The worthy pastor, it appears, declined this delicate attention, but
+was at a loss how to escape. Ultimately, I believe, he hit on the device
+of leaving the hall supported on one side by his lordship the bishop, and
+on the other by Father Bell. This saved him, the women found it impossible
+to surround Pastor Birch without including his companions, and so let him
+escape."
+
+Full reports of the results have not yet reached England, but sufficient
+is known to make it certain that the temperance party has gained a great
+victory. Had it not been for the three-fifths clause, the greater part of
+the country would have gone under prohibition. At the time the last mail
+left New Zealand, the results were known in twenty-six out of the sixty
+licensing divisions; and the total votes there showed that 23,752 were for
+prohibition, 9467 for reduction, and 16,862 for no alteration. At
+Wellington, where the contest excited great interest, and was looked upon
+as a fair test for the whole colony, the results were: for prohibition
+3397, for reduction 1283, for no alteration 3581. In only one place was
+the necessary majority obtained for no licences, and in another place the
+people have decided for no bottle licences. There were quite a number of
+districts where the prohibitionists were only a few dozen short of the
+required majority.
+
+The results have amply borne out the objection to its being necessary for
+50 per cent. of the electors to vote before the election is valid. In
+several places the publicans gave orders for their supporters to abstain
+from voting, and thus prevented public opinion being tested. At Auckland
+the temperance people made no attempt to prohibit or reduce, for they knew
+that it would be hopeless to think of securing a sufficient poll by
+themselves. The _New Zealand Herald_ (28th March, 1894) says: "We think it
+will be found, when the whole of the returns come to hand, that in more
+than half the districts the whole proceedings are void, because half the
+names on the roll did not vote. The law may be defeated because one party
+may, previous to the elections, place a crowd of names on the roll, either
+merely bogus names, or the names of persons whom they know will not take
+the trouble to go to the poll. And as the matter stands, the ballot is
+practically defeated in many instances. Where there are no candidates to
+be voted for those acting in the interest of the hotels know, when they
+see a man going to the polling booth, that he is going to vote either for
+reduction or prohibition, and they appeal to him: 'You are surely not
+going to give a vote against us?'"
+
+From what seems to be a mistaken policy, the advanced temperance party
+refused to take any part in the choice of committee-men; consequently,
+while nearly every place has chosen reduction, the amount of reduction
+will now be decided by men elected largely by the liquor interest. It is
+hard to see what benefits the prohibitionists hope to obtain from this
+course, unless, as many aver, they want the public-houses made as
+disreputable as possible, so that the people will be more eager to get rid
+of them.
+
+The opinion of various classes in the colony as to the outcome of the
+election can, perhaps, be best seen by extracts from their own journals.
+The _Lyttelton Times_ (anti-prohibitionist) says: "The first really
+genuine local option poll has shown the people to be determined upon
+further reducing the number of licensed houses. The polling, which was
+everywhere conducted with the most perfect decorum and good feeling, has
+served several useful purposes. It has demonstrated the strength, and
+weakness, of the prohibition party; it has elicited a very decided
+expression of public opinion that the existing number of licences is in
+excess of public requirements; it has shown that the people can be safely
+trusted with full executive and judicial powers in a manner affecting
+their interests; and it has, we hope, settled the vexed licensing question
+for three years to come."
+
+The (Wellington) _New Zealand Times_ says: "The present interest centres
+in the large prohibition vote. The weight of that vote is a surprise and a
+warning. Few were prepared for it, but most people frankly confessed their
+inability to gauge the new power. Now that this power has declared itself,
+few will be prepared to deny that prohibition has come appreciably nearer
+than a year ago any one thought it would come in this generation.... The
+decided prohibitionist leaning of the body of electors is a warning that
+nothing but strict regulation, worthy of the name, will serve to stem the
+advancing tide."
+
+On the other hand, the _Otago Witness_, although a strongly temperance
+paper, is inclined to explain away the prohibitionist vote. "Numbers of
+temperance people, properly so called, are working with prohibitionists,"
+it says. "They say to themselves, 'Whatever results may be obtained from
+this agitation of the prohibitionists, they are sure to fall so far short
+of their aim that by helping them we can accomplish our own'.... We may
+yet find the bulk of the people advocating prohibition, not because it
+will prohibit, but because it will restrict."
+
+The _Manawatu Daily Standard_ considers: "If the present state of the
+public mind be any criterion, the day would seem to be dawning when
+prohibition will come upon us; but the feelings of many would revolt
+against such a revolutionary procedure being entered upon at the present
+time".
+
+The _Christchurch Press_ says: "The polling was nowhere so heavy as we
+were led to suppose by a great many enthusiasts it would be.... A great
+many abstentions may be accounted for by the fact that those whose desire
+was for a reduction felt pretty confident that with the votes of the no
+licence people it would be carried, and consequently they did not take the
+trouble to vote.... The great lesson which we learn from these elections
+as to the feeling of the public of New Zealand on this licensing question
+is that a vast majority are not prepared to go to the extreme length of
+closing all the houses, but that a great majority do desire that there
+shall be a reduction of something like 25 per cent.; and that those which
+remain must be made to understand that they retain their licences only on
+condition that their houses are well conducted in all respects--that is to
+say, that they only sell good liquor to sober people within legal hours."
+
+
+
+
+CHAPTER III.
+
+LICENSING IN AUSTRALIA.
+
+
+A year or two ago Mr. David Christie Murray stirred up the wrath of the
+Australians by charging them, in effect, with being the most drunken
+people under the sun. This statement, like most other sweeping
+denunciations, requires to be taken with a considerable amount of reserve;
+but it certainly is true that our Antipodean cousins are, to judge from
+the evidence afforded by their revenue returns, afflicted with a chronic
+and incurable thirst. The average consumption of proof alcohol in several
+of the colonies is almost as great as in England.
+
+The liquor laws of Australia are now in much the same condition as many
+are striving to make ours at home. Local option is in force over the
+greater part of the continent. Sunday closing is generally compulsory, and
+the licensed victualler is bound by many restrictions unknown to his
+brother here. As each colony is entirely independent of the others, their
+laws differ, and must be described separately. For the purposes of this
+volume it will be sufficient to deal with Victoria, New South Wales and
+Queensland, as the laws of the remaining Australian colonies present no
+particular features which call for comment.
+
+_Victoria._--In Victoria, in spite of the fact that the control of the
+liquor traffic is almost wholly in the hands of the people themselves, the
+annual consumption of drink costs nearly £6 per head. This, however, is a
+mere trifle to what it once was, for during the gold rush in the fifties
+the cost was nearly £30 a head yearly for every man, woman, and child in
+the colony. It is misleading, however, to compare the expenditure in
+England and Victoria, and judge the amount consumed by it; for in the
+Antipodes things generally are much dearer, and money is cheaper than at
+home. The Victorians consume about 12 per cent. more spirits, between four
+and five times as much wine, and not much more than half the beer, per
+head of population, than we do.
+
+From the time when Victoria separated from New South Wales down to 1876, a
+decidedly retrograde policy was adopted; licence fees were reduced,
+grocers' licences introduced, and beer shops legalised. But in the
+last-named year the liquor laws were amended by a measure giving limited
+local control over the traffic; and in 1882 a further Act was passed by
+which the local powers were considerably increased. Under the present law
+one-fifth of the electorate in any district can petition the Governor in
+Council to hold an election to settle the number of public-houses to be
+permitted there, and he is then obliged to cause a popular vote to be
+taken on the question. Each elector states on a ballot paper how many
+hotels he wishes to be licensed, and the number named by him must be the
+number then existing, the statutory number, or some number between. The
+statutory number has been fixed at one for every 250 inhabitants up to the
+first thousand, and one for every full 500 beyond. Where the number is
+greater than this it can be reduced by a poll to that limit; where it is
+less, it can be raised in a similar way up to it. But in no case can the
+number be reduced below or increased above the statutory limit.
+
+In arriving at the decision of the electors, if a majority vote for any
+particular number then that number is carried. Where, however, the votes
+are so scattered that no particular number commands a majority over all
+the others the following plan is adopted. "Suppose a district with 48
+hotels, and 12 as the statutory number. Suppose, further, that 600 votes
+be recorded, of which 250 are for 48, 200 for 12, 20 for 13, 20 for 14, 20
+for 15, 20 for 16, and 21 for 17. The votes given for the higher numbers
+would be added to those given for 12 until they made a majority of votes
+recorded. In this case by the time the number 17 is reached, there would
+be a total of 301 votes, making a majority of the 600, and the
+determination would be that the hotels be reduced to 17."[7]
+
+Where the electors decide in favour of a reduction, a licensing court sits
+and decides what houses are to be closed. The licensing inspector has to
+summon all the hotel-keepers before the court, and the court selects the
+houses which are worst conducted, or which provide least accommodation, as
+the ones to lose their licences. The houses which are thus closed are
+given a monetary compensation on account of the annual value of the
+premises being lowered: the exact amount of the compensation is fixed by
+two arbitrators, appointed one by the owner and another by the minister.
+In case these cannot agree a county court judge or police magistrate is
+nominated by them as umpire. The whole of the compensation money is raised
+from the "trade" itself, by means of increased licensing fees and
+penalties for breaches of the liquor law. If these amounts are not
+sufficient, a special tax is imposed on liquor in order to meet the
+deficiency.
+
+The amounts awarded as compensation have been, in the opinion of many,
+absurdly high. Thus at Ballarat East, where forty hotels were closed, the
+compensation awarded was, to owners, £26,126 0s. 9d.; to licensees,
+£13,855 18s. 4d. At Ballarat West, where twenty-six hotels were closed,
+the compensation came to, for owners, £12,280; for licensees, £8973. At
+Broadford the total cost of closing four places was £1220. The fact that
+compensation is paid makes many voters far less keen than they otherwise
+would be for reduction, even though the money so paid does not in any way
+cost them anything.
+
+In many parts considerable use has been made of the powers of reduction.
+Thus in fourteen local option polls that took place in twelve months the
+people decided either for reduction or against increase, according as the
+purpose for which the poll was taken. The Victorian licensing laws have
+certainly prevented any considerable increase of hotels, though they have
+had but little effect in reducing the drink traffic itself.
+
+The following communication from Mr. John Vale, secretary of the Victorian
+Alliance, shows how temperance men regard the present law. "The local
+option law of the colony," he writes, "first came into force in 1886; some
+polls were then taken, but for the most part were rendered void by the
+condition that one-third of the electors must record their votes in order
+to constitute a poll. The publican party adopted the policy of not voting,
+and letting it be known that all who were seen entering the polling booth
+would be marked men, to be injured in every possible way. Thus, the
+secrecy of the ballot was destroyed. Only the temperance stalwarts faced
+the ordeal, and we were generally just a few short of the required number.
+In 1887 this condition was repealed, in so far as it related to the
+reduction of hotels. In the following year other polls were taken with
+success; but then, with brewery money, a process was begun known as
+'stonewalling' in the law courts. The publicans would appeal on some
+technical point. Being defeated on that they raised another point; and so
+on, until after a time they hit upon one which had something in it, or the
+Government got tired of the process. As a result most of the victories of
+1888 were made of non-effect. We then secured a provision doing away with
+the power of appeal in connection with local option polls. Since then,
+victories have been secured in a number of important centres, and the
+condemned hotels have been or are now being closed. The Victorian
+Alliance, however, has come to the determination to promote no more polls
+under the present law. It is believed that polls for prohibition could be
+carried with no more effort than is required to win victories for
+reduction. The antagonism to compensation has grown with experience. And
+in certain cases the licensing courts have used the power which they
+possess to issue colonial wine licences for public-houses closed by the
+popular vote, and in respect of which compensation had been paid. Wine
+shops are generally the worst class of drink shops; so that the last state
+of these houses has become worse than the first: for these, and other
+reasons, the above-mentioned resolution has been adopted.
+
+"In future we shall concentrate our efforts on securing the direct veto
+without compensation. To this end we are about to secure the introduction
+of a Bill in Parliament. It will provide for a vote in each electoral
+district in conjunction with a general election, which takes place at
+least every three years, on the simple issue of prohibition. Each
+electoral district to decide the matter for itself. The prohibition would
+apply to the manufacture as well as the sale of intoxicants. A distinctive
+feature of the Bill is that it will provide for all women voting upon this
+question equally with all men. It, of course, provides for the repeal of
+compensation."
+
+_Queensland._--Queensland has the most simple and thorough-going Local
+Option Act of any of the southern colonies. By this Act, which was carried
+in 1885, one-sixth of the electors in a place can cause a direct vote to
+be taken on one or all of three propositions: (1) that the sale of
+intoxicating liquors shall be prohibited; (2) that the number of licences
+shall be reduced to a certain number, not being less than two-thirds of
+the existing number; (3) that no new licences shall be granted. The Act
+requires a two-thirds majority to carry the first proposition, but the
+second and third are carried by a simple majority. In over eighty per
+cent. of the elections held for the purpose of voting new licences, the
+temperance party has won. Very few attempts have been made to secure
+prohibition, and none of them have been successful: in a few cases,
+however, the people have decided in favour of reduction. The experience of
+Queensland seems to point to the conclusion that in a community where
+prohibitionists are not very strong (as in England) a provision giving the
+people power of preventing the issuance of new licences will do more good
+than placing in their hands the option of prohibition which they will not
+use.
+
+In Queensland children under fourteen may not be served with liquor even
+to take away, and persons under eighteen may not be served for consumption
+on the premises.
+
+_New South Wales._--The present liquor law of New South Wales was carried
+by Sir Henry Parkes in 1881, and came into force at the beginning of 1882.
+The power of granting licences is placed in the hands of stipendiary
+magistrates specially appointed by the Government, and several
+restrictions are placed around the trade. The people are given a limited
+local option as to whether they will have new licensed houses or not.
+Polls take place on this question once every three years, at the same time
+as the municipal elections. The popular veto only applies to small houses
+however, and hotels with over twenty rooms can be licensed whether the
+people wish it or not.
+
+There has been a strong movement throughout the colony for a more complete
+measure of local option, and several times within the last few years it
+has seemed as though this would be carried. The one difficulty in the way
+is the question of compensation; and if the temperance party would only
+consent to recompensing dispossessed publicans, local option could be
+passed into law almost at once.
+
+The temperance party itself in New South Wales has recently become
+divided. One section, consisting principally of the Good Templars, has
+wearied of seeking for local option, and declares that it will accept
+nothing less than State prohibition. Many of these irreconcilables are
+loud in their declarations that the great mass of teetotalers who are
+content to work for local option are little better than enemies of the
+cause. The only outcome of this split is likely to be the delay of
+temperance legislation of any kind there.
+
+
+
+
+PART III.
+
+THE CONTINENT OF EUROPE.
+
+
+
+
+CHAPTER I.
+
+THE STATE AS DISTILLER.
+
+
+Why should the trade in intoxicants be placed under special restraints? is
+the question sometimes asked; and the querists are hardly satisfied with
+the answer that it has continually been proved necessary, by the
+experience of all civilised Governments, to place limits on every business
+that is shown to be injurious to the well-being of the people. The drink
+traffic is admittedly such; therefore it has to be dealt with in a way
+quite different from the trades of the grocer or the baker. There are
+those who would have us believe that these very restrictions promote
+intemperance; and visionaries have more than once stated that the best way
+to encourage sobriety and to restrain excess would be to make the traffic
+absolutely free. The whole theory of Government is against such an idea.
+It is an axiom of statesmanship that to check any trade by legislation is
+to injure it; and that, within certain limits, the more severe the
+restrictions imposed on it, the less likely is a trade to thrive. But for
+answer to free-trade theorists we need not appeal to axioms of
+Government. The universal experience of nations goes to show that to allow
+the free manufacture and sale of intoxicants is to use the surest means of
+promoting all manner of excess. The official returns of France, Belgium
+and Germany within the last few years, all show that free trade in drink
+in these countries has proved an utter failure; and that under it,
+poverty, insanity and crime are increasing with terrible rapidity. Another
+remarkable illustration of this is to be found in the recent experience of
+Switzerland.
+
+By article thirty-one of the Swiss Constitution of 1874 freedom of trade
+is specially guaranteed. The same year as the new Constitution was
+approved, the canton of Argovie wanted to know if this clause would
+prevent it limiting the number of drink shops in its borders. The Federal
+Council replied that "the limitation of the number of drink shops is no
+longer possible, on account of the principle of liberty of commerce and of
+industry imposed by article thirty-one of the Constitution".
+
+The result was an immediate and considerable increase in the number of
+cabarets in nearly every canton. From 1870 to 1880 the total of these
+establishments was raised by 22 per cent., and in Geneva there was a wine
+shop for every 70 people, the average for the whole country being one
+drink shop for every 130 inhabitants. The effects of this on the condition
+of the people were immediately apparent. The French have a saying "to
+smoke and to drink like a Swiss, and to get tipsy like a Pole"; but now
+the Swiss, never the most temperate nation, showed signs of rapid
+deterioration through intemperance. At the recruitment of 1880 the Medical
+Commission reported that the number of young men found fit for military
+service was from 5 to 25 per cent. less than in 1873, and in some parts
+the number of men fit for service was as low as 21·2 per cent. The
+Principal Medical Officer declared that the physical degeneration of the
+candidates was due to the evil effects of spirit drinking and drunkenness.
+The director of the Central Bureau of Charity stated that 80 per cent. of
+the applications of mothers and children for relief were brought about by
+the tippling of the father of the family. Sociologists pointed out that
+the nation was rapidly being destroyed by this one curse; and in order to
+obtain fuller details the Federal Assembly requested the Federal Council
+to make an inquiry into the matter. The report of the latter body, when
+issued, more than bore out the gloomy prognostications of the alarmists.
+From 1877 to 1881, 3285 patients were admitted to the public lunatic
+asylums, and of these 923 were brought there by alcoholism. There were 254
+deaths annually directly caused by excessive drinking. Out of 2560
+prisoners in cantonal penitentiaries, 1030 were found to be drunkards; and
+in eight reformatories 50 per cent. of the boys and 45 per cent. of the
+girls were found to be the children of parents one or both of whom were
+given to intoxication. In Switzerland there are a larger proportion of
+suicides than in any other civilised country, and the Commission found
+that this was caused mainly by alcoholism. The Federal Council attributed
+the state of affairs to two reasons: (1) to the change in the economic
+condition of Switzerland owing to the introduction of railways; (2) partly
+to the fact that wine had become costly and inaccessible to the workmen,
+while at the same time spirits had become cheaper. Brandy was not only
+imported in great quantities from Germany, but was also manufactured on a
+large scale in industrial and domestic distilleries in Switzerland. The
+product of these small distilleries was specially dangerous, not only
+because of the alcohol it contained, but because of the crude and
+imperfect state of most of it. There was said to be between five and ten
+thousand domestic distilleries in the canton of Berne alone. To these
+causes, rather than to the increase of the shops for the sale of liquor,
+the Council attributed the increased alcoholism; but the popular opinion
+was against it on this point, and power was almost immediately afterwards
+given to the cantons to limit the number of public-houses. The chief
+recommendation of the Council was that steps should be taken to cheapen
+the price of beer and wine and to make spirits dearer.
+
+In order to accomplish this latter aim the Government caused a popular
+vote to be taken on the question whether the Constitution should be so
+altered as to permit the traffic in intoxicants to be subject to control.
+There was a two-thirds majority in favour of control, and soon afterwards
+a scheme was formulated for making the manufacture of spirits entirely a
+State monopoly. This plan was started partly in the hope of checking
+drunkenness and providing the people with pure drink; but undoubtedly a
+cause that was very largely responsible for its initiation was the hope of
+securing an abundant revenue.
+
+Has the monopoly law been a success? Financially, yes; so far as ensuring
+the purity of the spirits sold, also yes; but for checking the consumption
+of strong drink it has been almost if not quite a failure. In saying this
+I am well aware that I express an opinion different from that of nearly
+every English writer on the subject, official and otherwise. Some at least
+of the data on which English writers have founded favourable opinions is
+partly unreliable and partly misleading. Thus in the (English) Foreign
+Office Report on Switzerland (No. 939) it was stated that the consumption
+of spirits in 1885, before the passing of the measure, amounted to 10·26
+litres per head, and that this has been reduced by the monopoly to a
+little over 6 litres. Now it is impossible to say exactly what was the
+average consumption in 1885; but the monopoly itself, in its official
+returns, places the amount drunk per head that year, not at 10·26 litres,
+but at 7·25. The difference is enormous, and it must be remembered that it
+is rather to the interest of the monopoly to overstate than to understate
+the quantity drunk before it took over control. Moreover, from the figures
+for 1885 a by no means negligable amount must be deducted for that which,
+though reckoned in the Swiss drink bill, was not consumed there but was
+smuggled to neighbouring countries.
+
+For the first year there was a great decrease. The total spirit drinking,
+including that illegally obtained, was officially estimated at 5·50 litres
+per head, or less by one-quarter than in 1885. This was due principally to
+the rise in price of brandy. But since that year the total spirit bill has
+been steadily increasing. In 1890 it was 6·27 litres a head, in 1891, 6·32
+litres, and in 1892 (the last year for which returns are available), 6·39
+litres. These figures include only the amount sold through the monopoly.
+To them must be added three unknown quantities,--first, the spirits made
+by the people at their own homes from fruit; secondly, a proportion of the
+amount sold by the monopoly for use in manufactures, etc., and mixed with
+special preparations to render it undrinkable, which is admittedly often
+so doctored by people of depraved tastes as to be made potable again; and,
+thirdly, the amount smuggled. Formerly, as was said, Swiss spirits used to
+be smuggled into neighbouring countries; but now, owing to the rise in
+prices through the monopoly, drink from other countries is smuggled into
+Switzerland.
+
+Those who claim for the State distilleries that they are potent forces in
+reducing the traffic in distilled liquors seem to mistake altogether their
+methods of working. The check to drunkenness has been produced, not by the
+State manufacturing drink, but by the prohibition of home manufacture and
+the increase in the price of spirits. It is no longer possible now for
+the peasant woman to manufacture her fiery draught from potatoes, and to
+feed her little one on it in place of milk. The distilleries are not
+managed so as to check drinking (for with that they have nothing to do),
+but to supply the dealers with pure liquors. In fact, it is to be expected
+that people who can afford it will now drink more spirits than they once
+would. Before the monopoly, much of the brandy was crude, of bad quality,
+and most injurious. Now it is purified and excellent; and, while I cannot
+claim to be an authority on this point myself, I am informed by persons
+who do drink that they can consume much more of properly prepared spirits
+than they can of those that contain any quantity of fusel oil and other
+harmful substances.
+
+There were 1400 distilleries (besides the domestic stills) at the time the
+new plan was started; but these were all closed, with the exception of
+about three, compensation being paid to the owners. The establishments
+permitted to continue business are compelled to sell all their raw spirit
+to the Régie at a fixed rate; and in order to protect home trade the Régie
+is obliged to buy at least one-fourth of its spirits from native
+producers. No spirits can be imported by private individuals from foreign
+countries, except under strict conditions, and after a special tax has
+been paid on them. The monopoly minutely examines all liquor purchased by
+it; its purity is carefully ascertained, and then it is resold to retail
+dealers, either in the form of raw spirit or refined and prepared with a
+bouquet to suit the public taste. The prices fixed by the Régie are by no
+means high, but they are a decided increase on what were formerly charged.
+With this system of regulating the supply of spirits another was adopted
+at the same time of encouraging the consumption of beer and wine. The
+taxes on these drinks were remitted, and their sale made as free as
+possible from restriction. It was hoped that this would cause the people
+to use lighter drinks more; and though it has made little difference to
+the wine trade, it has greatly helped to increase the popularity of beer.
+
+Turning to the financial side of the business, the figures are almost
+enough to make any Chancellor of the Exchequer whose Budget shows a
+balance on the wrong side, become his own distiller. From June, 1887 (when
+the monopoly was started), till the end of 1888, the income was £492,944,
+the expenditure £294,631, and the profit remaining £198,313. In 1890 the
+income had reached £575,461, while the expenditure was £308,976, and the
+profit £266,485. For 1892 there was a still further all-round increase.
+The income was £591,470, the expenditure £360,321, and the profit
+£271,149. A portion of the profits has to be put on one side each year to
+repay the preliminary outlay of purchasing plant and compensating the old
+distillers. This cost £236,000, and it will be all paid off by 1898. A
+further sum has for a few years to be paid to several cantons in place of
+former revenues stopped by the creation of the monopoly; and what remains
+is used for public purposes. Although the Régie is entirely under the
+control of the Federal Government, the latter does not take any of these
+profits, but they are distributed among the cantons in proportion to their
+population, and used by them as ordinary cantonal revenue.
+
+One curious provision in the monopoly law is the stipulation that each
+canton shall devote one-tenth of the alcohol revenue for the purpose of
+promoting temperance. This vague provision has been interpreted by
+different bodies in various ways. In some parts the money is used for the
+relief of the poor, the maintenance of lunatic asylums, and the like; but
+there is growing up a strong conviction that it ought to be expended in
+more strictly temperance work, such as the financing of temperance
+societies, the cure and care of drunkards, and the instruction of children
+in the physiological effects of alcohol. By "temperance" the Swiss do not
+mean teetotalism, for total abstinence societies are almost unknown among
+them, the only one of any size being that of La Croix Bleue, which numbers
+some 4107 members and 2683 adherents.
+
+The monopoly is in many ways useful; and, if people must drink spirits,
+there seems no reason why the State should not profit from their folly by
+itself securing the immense gain that accrues to the manufacturer. But it
+is a misnomer to call it a temperance agency; for it is no such thing. If
+Switzerland is ever to shake off the curse of intemperance which is still
+on it, its people must take some more active steps against it. Many of
+them are already realising this; and total abstinence societies, such as
+that of La Croix Bleue, are gradually spreading among its more thoughtful
+people. Strange to say, the first advocates of total abstinence in
+Switzerland were not so much the moral reformers who have adopted this as
+their own in other lands, as scientific men, who were led by their
+investigations to a firm conviction of the harmfulness and uselessness of
+alcohol. Religious and social reformers are now taking it up; but they are
+as yet a very small band, and they will need to do much before their cause
+makes much progress in Helvetia.
+
+
+
+
+CHAPTER II.
+
+THE GOTHENBURG SYSTEM.
+
+
+The Scandinavian licensing system has, during the last few years, received
+considerable attention from reformers in many lands; and rightly so.
+Whatever may be its faults, there is probably no other plan of liquor
+legislation of which it can be said that it has, in a comparatively short
+time, reduced the traffic in spirits by about three-quarters, without
+seriously discommoding the moderate drinkers, and without creating any
+illegal trade worth mentioning. There seems every likelihood that the
+system will, in a few years, spread far beyond the land of its inception.
+It satisfies the demand for increased State control, promises abundant
+revenue, and yet discourages the sale of liquor. A small body of public
+men in England are eager to have it adopted here; and acute observers in
+America declare that (provided no clauses in the State Constitutions are
+held to render it unlawful) it is almost certain to be tried there before
+long. A Bill has already been brought before the Massachusetts Legislature
+for the purpose of permitting such a trial, and has met with the approval
+of a considerable section of the people.
+
+Less than half a century ago, Sweden was the most drunken civilised
+country in the world. Its laws permitted almost free trade in the
+manufacture and sale of spirits, and even the poorest peasants could
+obtain as much brandy as they wanted. All the horrors that ever follow
+habitual intemperance were to be seen throughout the land. The poverty of
+the people was great; social and moral degradation were prevalent;
+insanity and crime were dangerously on the increase; and there was a
+general air of hopeless desolation over the country. The average
+consumption of spirits has been variously estimated at from a little under
+six to ten gallons per head yearly; and the stuff, being
+home-manufactured, was of the crudest and most injurious quality.
+
+Patriotic Swedes soon began to look about for a remedy for the national
+curse. Dr. Weiselgren commenced a crusade against spirit-drinking with
+most remarkable results; and before long a hundred thousand persons had
+enlisted themselves under his banner in a league voluntarily abstaining
+from spirits. A still more general movement shortly afterwards took place,
+when people from all parts of the country petitioned Parliament to take
+some steps to check intemperance. In response, a law was passed in 1855
+abolishing domestic and small stills, and giving rural localities the
+control of the traffic, and the option of either having drink shops, or
+sweeping them away altogether. Where it was decided to still permit the
+sale of drink, the local authorities were authorised to limit the hours of
+sale, and the number of public-houses.
+
+The people at once made considerable use of their newly acquired powers.
+There had been over 33,000 distilleries in 1853; the same year as the Act
+passed they were reduced to between 3000 and 4000. The greater number of
+country districts elected to go under complete prohibition; and whereas
+formerly spirits could be bought in nearly every peasant's house, there
+were now in the country districts less than 600 retail licences. The
+wholesale trade was not dealt with by the law.
+
+There were no two opinions as to the beneficial effects of the new measure
+in the country; but it was found that the towns did not share equally in
+these benefits. It had been considered inadvisable to extend the option of
+prohibition to towns, and before long the great mass of public-houses
+became centred in urban districts. In 1856, though the towns contained
+only twelve per cent. of the people, three-quarters of the total
+public-houses were to be found in them, and eight townsmen were convicted
+of drunkenness to every one countryman.
+
+The knowledge of these facts stirred the authorities up to see if nothing
+more could be done. In 1865 the Municipal Council of Gothenburg appointed
+a committee to inquire into the causes of pauperism. The committee
+reported that, "The worst enemy of the morals and well-being of the
+working classes in this community is brandy. Yet it is not the
+intoxicating liquor only and its moderate consumption which cause
+demoralisation and poverty; it is the disorder, evil example, temptations,
+and opportunities for every kind of iniquity with which public-house life
+abounds, that contribute mainly to this unhappy state of things. Neither
+local enactments nor police surveillance can do much so long as
+public-houses are in the hands of private individuals, who find their
+profit in encouraging intemperance, without regard for age or youth, rich
+or poor."[8] The committee recommended that the trade should be taken out
+of the control of the publicans, and managed by a company for the good of
+the community. A philanthropic company was formed, in consequence of this
+report, by a score of the leading inhabitants of the place, for the
+purpose of taking over the trade. It was specially stipulated that neither
+shareholders nor managers should be pecuniarily interested in pushing the
+sales, and the company was to receive no profits except 6 per cent. on the
+paid-up capital, all receipts beyond this going to the town treasury. The
+amount of paid-up capital required has been under £7000.
+
+The company commenced its work on 1st October, 1865; and the way it has
+since fulfilled its obligations is worthy of the highest praise. It has
+shown an honest desire to carry out the sale of spirits in such a way as,
+while meeting the legitimate wants of the moderate drinkers, shall
+discourage excess in every possible way. It has consistently attempted to
+restrict rather than to encourage the trade in liquor. The magistrates
+have granted it sixty-one licences, but of these it only uses nineteen
+(although the population of the place is considerably over a hundred
+thousand) and allows the remainder to lie in abeyance. The law permits
+public-houses to be open till 10 at night, but the company closes its
+establishments at from 7:30 to 9 o'clock, according to the season of the
+year. It has opened five coffee-houses and reading-rooms, where no spirits
+are sold, and four eating-houses, where none are obtainable except the
+customary dram at meals. Generally it has shown a wise and patriotic
+disregard of that policy which would sacrifice everything for a favourable
+balance sheet.
+
+Each public-house is placed under the charge of a manager, who is
+expressly ordered not to encourage drinking in any way, and is warned that
+if he does so he will be dismissed. The company at first employed several
+of the old licensed victuallers and barmen; but before long it had to get
+rid of all of them, for they were so accustomed to encouraging tippling
+among their customers that they could not understand a system which
+forbade their doing it. The managers derive no direct or indirect profits
+from the sale of spirits beyond their stated salaries; and they have
+directions not to supply strong drink to young people, to those who show
+any signs of intoxication, or to those who require several drams in
+succession, or who pay repeated visits to the public-houses at short
+intervals for the purpose of drinking. They are not allowed to give any
+credit for liquor. Besides selling drink, each house has to keep a supply
+of good hot and cold food, temperance drinks, cigars, and the like.
+Inspectors are appointed whose sole duty is to see that the managers
+conduct the trade properly.
+
+The four eating-houses at which spirits are sold only with meals are
+large, well conducted, and very popular. They cater almost exclusively for
+working men, and sell food at rates which put to shame even our own
+Lockharts and Pearces. A dinner of a large slice of pork, a sausage, four
+potatoes and gravy, costs under twopence halfpenny. When these houses were
+first opened nearly every customer took a dram with his meals, but now not
+more than half of them do so. The eating-houses do not quite pay their
+way, but are run at a loss of a little over £200 a year. The company
+regards the money as well spent, for the places have a most beneficial
+effect in promoting temperance. The five free reading-rooms maintained by
+the company, in which no intoxicants (except small beer) are sold, cost
+between £600 and £700 a year to maintain. They are well supplied with
+papers and books, and visitors can obtain light refreshments of various
+kinds.
+
+In considering the effects of the Gothenburg system on the lives of the
+people, these two things must be borne in mind: First, the system only
+touches the trade in spirits, and has nothing to do with the sale of beer.
+This latter is almost free, and has been rather encouraged by the
+authorities than otherwise, under the mistaken notion that it would lessen
+the demand for stronger drink. Of wine and beer shops, licensed for
+consumption on the premises, there are 128, besides an unlimited number
+for consumption off the premises, requiring no licences. A large amount of
+the drunkenness in Gothenburg is caused by these beer shops. The police
+there ascertain, when a person is arrested for drunkenness, where he
+obtained his liquor; and from their returns it can be seen that the
+intoxication produced by beer is steadily increasing. In 1875 the number
+of persons arrested who drank last at beer saloons was 130; by 1885 the
+number had increased to 483; and in 1889 the number was 753.
+
+A second important consideration in estimating the results of the system
+is the fact that even the whole trade in spirits is not in the hands of
+the company. There are seventeen restaurants, licensed by permission of
+the company, and managed by private individuals, which sell intoxicants.
+There are also five public-houses whose owners have the ancient right of
+carrying on the business, and with whom the company cannot interfere. Last
+of all, there are twenty-three wine merchants, who take out expensive
+licences from the company, for the sale of spirits off the premises.
+
+Whatever deductions are drawn from the condition of the town as to the
+results of the system, considerable allowance must be made for the fact
+that the whole of the liquor traffic is not conducted by the company.
+Perhaps the most outstanding evidence in favour of the system is this,
+that, not only are the people of the place well satisfied with it, but
+seventy-six other towns in Sweden have been led by it to adopt the same
+plan, and only thirteen places still retain the old method of selling the
+licences to private bidders. In Norway, too, the spirit trade is now
+conducted in nearly every town in substantially a similar way.
+
+In discussing the effects of any liquor law it is never an easy task to
+decide how far social changes or effects are the cause of it, or how far
+they are due to other and entirely different economic causes. Immediately
+after the establishment of the company there was a great decrease in the
+consumption of drink and its attendant evils in Gothenburg; but this was
+due quite as much to the depression of trade as to anything else.
+Afterwards there was an increase of drinking, for trade greatly improved.
+It would be inaccurate either to wholly lay the cause of the decrease to
+the credit of the company or to blame it for the increase.
+
+The following returns show the amount of drunkenness in Gothenburg during
+a few selected years:--
+
+                        Arrests for Drunkenness.
+  Year.   Population.     Total.    Percentage.
+  1855      44,804         3431        13·8
+  1865      45,750         2070         4·5
+  1875      59,986         2490         4·2
+  1885      84,450         2475         2·9
+  1891     104,215         4624         4·4
+  1892     106,356         4563         4·3
+
+It is not possible to give any reliable returns as to the amount of
+spirits consumed in Gothenburg. The sales of the company only represent
+part of the total quantity sold in the place, and all that the company
+sells is not consumed there. Much of it is bought by country people, who
+take it back with them to their own homes. The returns of the company show
+a fairly steady decrease. Thus in 1874-5 the total sales amounted to 29
+quarts per head; in 1884-5, 19·1 quarts; and in 1891-2, only 14·3 quarts.
+
+Financially, the company has from the first been a great success. It need
+not have ever called up a penny of its capital, had not the law required
+this to be done; and every year it has been able to hand over a very large
+surplus to the town, to be used for public purposes. In 1892 (the last
+year for which, at the time of writing, returns are available) the amounts
+paid to the city treasury were: (1) fixed fee for bar trade and retail
+licences, £15,632; (2) surplus profits, after paying all expenses,
+£21,868, or a total of £37,500. This amounted to the equivalent of over
+7s. a head for every man, woman and child in the place. Formerly the city
+retained the whole of the surplus profits for its own benefit; but this
+created considerable dissatisfaction, and at last an alteration was made
+by which the municipality now only receives seven-tenths, the national
+treasury appropriating two-tenths, and the remaining tenth going to the
+country districts.
+
+In Gothenburg the whole of the amount received by the municipality goes
+for the relief of local taxation. This has been felt by many to embody a
+dangerous principle, as giving the city authorities a direct interest in
+the encouragement of drinking. To avoid this, the plan has been adopted in
+Norway of devoting the surplus, not to relieving the rates, but to helping
+charitable and philanthropic non-rate-aided enterprises.
+
+The most notable example of the Norwegian plan is the town of Bergen. A
+liquor company was formed here in 1876, at the suggestion of the local
+magistracy, and it commenced business at the beginning of 1877. Not only
+is the distribution of profits here different, but the management of the
+houses varies too. In Gothenburg the aim has been to make the dram shops
+comfortable and attractive; in Bergen, on the contrary, the aim has
+apparently been to render them as uncomfortable and as repulsive as
+possible. Each house consists solely of a bar for the sale of liquor;
+nothing but liquor is sold, and when a person has consumed what he ordered
+he must go. No seats are provided, and customers are forbidden to loiter
+about the premises. This sternly repressive policy does not seem to have
+had a remarkable effect on the consumption of spirits; for whereas in 1877
+the average sales per head came to 7·1 quarts, they were only reduced to
+6·1 quarts in 1891; and this notwithstanding the fact that the average
+consumption for the whole of the country had been reduced in the same time
+from 6·3 quarts to 3·3 quarts. The number of arrests for drunkenness in
+Bergen in 1877 and 1891 was about the same; but a largely increased
+population in the latter year makes this show that the proportionate
+intoxication was really less. From the time of its commencement up to
+1890, the Bergen company was able to distribute £69,731 among local
+philanthropic societies, and the recipients of its bounty have included
+all kinds of works for the common weal, museums, training ships,
+hospitals, a rescue society, orphanages, a tree-planting society, a fund
+for sea baths for the poor, temperance organisations, and the like. The
+profits which would otherwise have gone to enrich a few have thus been
+scattered about doing good to the many.
+
+
+
+
+PART IV.
+
+ENGLAND.
+
+
+
+
+CHAPTER I.
+
+THE GROWTH OF THE LICENSING SYSTEM.
+
+
+The English are often said to be the most drunken among civilised nations;
+but, like many other constantly repeated statements, this is not correct.
+Denmark, Belgium and Russia certainly take the precedence of us in this
+matter; and it is an open question if alcoholism is not doing at least as
+much harm in northern and central France and Switzerland, as in the
+British Isles. The casual visitor to our lively neighbour sees but little
+open intoxication, and consequently assumes that France is a sober
+country. But those who have gone beneath the surface, and examined the
+results as recorded in the statistics of prisons and asylums, know that
+intemperance is rapidly becoming a national plague there.
+
+While we may not be the worst offenders in this respect, it is yet
+undoubted that alcoholism is the greatest source of social misery in our
+land. Theorists may quarrel among themselves as to the exact proportion of
+poverty and crime produced by intemperance; but no thinking man who is
+not altogether shut out from association with his fellows can doubt the
+awful ravages it is producing. We do not require to have it proved to us
+by figures; we only need to open our eyes and to use such brain power as
+we may possess to have the proof forced on us. Among the fashionable rich,
+among the idle women of upper middle-class families, as well as in our
+slum population, intemperance is doing a work of destruction before which
+the results of the most fatal diseases seem hardly worth notice.
+
+Most of us would gladly be optimists on this subject, if hard facts would
+only let us; but it is useless to indulge in an idle optimism, which
+suffers us to do nothing when the need of our services is greatest. It is
+accepted by many as an undeniable fact that we are steadily becoming a
+more sober people; but, unfortunately, statistics do not bear out this
+view. In some ways temperance has made great advances. Drunkenness is no
+longer looked upon as an amiable weakness, but as a serious offence
+against society and against oneself. The days of the three-bottle men are
+over, let us hope never to return; and the incessant drinking among
+friends that was common not many years ago is now little seen. Over
+one-sixth of the people have entirely abandoned the use of strong drink;
+everywhere active temperance societies are working hard to promote
+sobriety; the conditions of life have become infinitely brighter and
+easier for the great mass of wage earners; education has become universal,
+and the sale of alcohol has been placed under greater restrictions. Yet,
+notwithstanding all this, the drink trade was never so strong as it is
+to-day. Within fifty years the amount spent on liquor has almost doubled;
+though the police rarely arrest a drunken person except when outrageously
+disorderly, nearly 200,000 men and women are brought before the
+magistrates each year for intoxication;[9] and the number of deaths caused
+through inebriety cannot be estimated at a lower figure than 40,000 a
+year.
+
+The Saxon chronicles tell how Edgar the Peaceable, acting on the advice of
+Archbishop Dunstan, determined to do something to check that drunkenness
+which was, the same a thousand years ago as to-day, all too prevalent on
+this island. He reduced the number of ale houses to one in each village,
+and had pegs put in the drinking cup to mark the amount that any person
+might consume at one draught. These drinking cups held about a couple of
+quarts each; and, if tradition speaks truly, it was no uncommon thing for
+men to finish up the whole of this quantity without once taking their lips
+from the vessel. By the law of Edgar, eight pegs were placed in each cup,
+and heavy penalties were provided for any person who dared to drink
+further than from one peg to another at a time. Edgar's efforts were not
+crowned with much success. The law restricting the number of public-houses
+was not long observed; and the draught limit led, in the end, to an
+increase in the evil it was designed to check.
+
+After this attempt the trade was allowed to go on almost without
+restriction till the end of the fifteenth century; but then the evils
+caused by it became too apparent to be longer passively borne. In the year
+1494, power was given to any two justices of the peace to stop the common
+selling of ale; and fifty-eight years later, in the reign of Edward VI., a
+serious attempt was made to grapple with the trade. Parliament complained
+that "intolerable hurts and troubles to the commonwealth of this realm
+doth daily grow and increase through such abuses and disorders as are had
+and used in common ale houses or other houses called 'tippling houses';"
+and in order to check these evils it passed various laws for the
+regulation of public-houses. This act is the foundation of our present
+licensing laws, and the three main lines which it laid down for the
+limitation of the business have continued to be observed ever since. These
+are: (1) that the retail trade in intoxicants is an exceptional business,
+which the State can only permit to be carried on by duly licensed persons;
+(2) that the power of granting licences lies with the justices of the
+peace; and (3) that the magistrates have power, when they think fit, to
+take away such licences.
+
+Notwithstanding this Act, the national drunkenness showed no signs of
+decreasing; and when James I. came to the throne fresh efforts were put
+forth to check it. For many years past the inns had been steadily changing
+their character; and from being places of rest and refreshment for
+travellers they had become principally tippling houses. So a measure was
+passed "to restrain the inordinate haunting and tippling in inns".
+According to the preamble of the Act, "the ancient, true and principal use
+of inns was for the receipt and relief and lodging of wayfaring people
+travelling from place to place; and for the supply of the wants of such
+people as are not able by greater quantities to make their provision of
+victuals; and not meant for the entertainments and harbouring of lewd and
+idle people, to spend and consume their time in lewd and drunken manner".
+
+To prevent this improper use of the taverns, various stringent regulations
+were made. No resident in the district or city where any inn was situated
+was allowed to remain drinking in it unless (1) he was invited by and
+accompanied some traveller staying at the inn; (2) he was a labourer, in
+which case he would be allowed to stay at the inn for an hour at dinner
+time; (3) he was a lodger; or (4) unless he was there for some other
+urgent and necessary cause, allowed to be such by two magistrates. A
+ten-shilling fine, to go to the poor, was the punishment for breaking this
+law.
+
+Two years later, a further Act was passed for the prevention of
+drunkenness. According to the preamble, "The loathsome and odious sin of
+drunkenness is of late grown into common use, being the root and
+foundation of many other enormous sins, as bloodshed, stabbing, murder,
+fornication, adultery, and such like, to the great dishonour of God and of
+our nation, the overthrow of many good arts and manual trades, the
+disabling of divers workmen, and the general impoverishing of many good
+subjects, abusively wasting the good creatures of God". This time it was
+provided that any person found drunk should be fined five shillings, or
+confined in the stocks for six hours. In 1609 a further Act was passed
+dealing with the matter, in which it was admitted that no success had
+attended the former attempts. "Notwithstanding all laws and provisions
+already made, the inordinate vice of excessive drinking and drunkenness
+doth more and more prevail." In order to more effectually suppress it,
+heavier penalties were provided, the landlord who permitted tippling was
+to lose his licence, and less evidence was required to secure a
+conviction. Not long afterwards the penalties were again increased.
+
+It is notorious that all these measures failed to effect their purpose.
+But the country was soon to learn that difficult as it may be to promote
+sobriety by law, it is easy enough for Parliament to encourage and promote
+drunkenness. Soon after William and Mary came to the throne, the nominal
+policy of previous reigns was altered, with immediate and overwhelming
+results. Formerly almost all the spirits used in England had been imported
+from the continent, and the conditions under which their manufacture could
+be carried on at home were such as to keep the business very small. But in
+1689 Parliament changed this. The Government was in great need of money to
+meet the plots of traitors at home and carry on its campaigns abroad; and
+it was thought that a considerable revenue might be obtained by
+encouraging the home spirit trade. Accordingly, the importation of
+distilled waters from foreign countries was prohibited, and the right to
+manufacture them was thrown open to all, subject merely to the payment of
+certain excise dues. The natural consequence was that the price of spirits
+fell so greatly as to place them within the reach of all classes. Before
+long dram drinking had, to use the expression of Lecky, "spread with the
+rapidity and the virulence of an epidemic". The results of free trade in
+drink were visible all over the land. Gin shops arose in all directions in
+every large town; and in London there were, outside the city and the
+borough, over 6000 spirit dealers to a population of 700,000. In less than
+fifty years the consumption of British spirits rose sevenfold; and
+everywhere the same tale was heard of the ruin it was bringing on all
+classes. It was at this time that the gin dealers hung out signs
+announcing that customers could get drunk for a penny, dead drunk for
+twopence, and have straw to lie on for nothing. Nor was this a mere boast;
+for many of the innkeepers actually provided rooms whose floors were
+covered with straw on which the intoxicated customers could lie until they
+recovered consciousness.
+
+Such a condition of affairs could not be long permitted to continue.
+Parliament, alarmed at the results proceeding from its own action, set
+about for a remedy. As a first step, dealers in spirits were compelled to
+obtain licences, like ale house keepers; an annual charge of £20 was
+placed on the spirit licence, and the principle was introduced of having
+the licences renewed annually. But the change was made too suddenly, and
+the licence fee was too high; and this resulted in an extensive illicit
+trade springing up. In order to stop this, Parliament repealed the Act and
+passed another, forbidding the sale of spirits except in a dwelling-house,
+under a penalty of £10. That is to say, every householder was given leave
+to sell drink in his own home.
+
+The last state was worse than the first. In 1736 the magistrates of
+Middlesex petitioned Parliament, stating forcibly the terrible results
+from the state of the law. A Parliamentary Committee was appointed to
+consider the whole matter; and it reported that the low price of
+spirituous liquors was the principal inducement to their excessive use;
+and that, in order to prevent this, a duty should be placed on strong
+drink, and the right to vend it should be restricted. The same year the
+Government passed the famous Gin Act, a measure so stringent as to
+practically prohibit the sale of spirits. No person was allowed to dispose
+of them unless he had paid an annual licensing fee of £50; and the penalty
+for breaking the law was a fine of £100. A tax of twenty shillings a
+gallon was also placed on all spirits manufactured.
+
+The Gin Act came too late. The passion for spirits had become firmly
+rooted among the people, and they would not consent to have their supplies
+cut off. They rose against the officers appointed to carry out the Act,
+and in many of the larger towns there was for some time danger of
+rebellion. The legal sale of proof spirits dropped in a year to two-thirds
+of its former proportions; but an immense illicit trade was carried on,
+which far more than balanced the reduction. All the power at the back of
+the Government was not enough to obtain the enforcement of this measure,
+though the magistrates made strenuous efforts to carry it out. In two
+years 12,000 persons were convicted of breaking the law, but all the
+prisons of the country would have failed to hold a tithe of those who
+openly set it at defiance. The excise officers were held in general
+detestation, and informers or any who dared to appear in excise
+prosecutions went in danger of their lives. At last the Government had to
+give way, and in 1742 the Act was repealed.
+
+In 1828 the various Acts relating to the licensing of public-houses were
+consolidated, and the control of them was made more stringent. Two years
+later a new and most unfortunate departure was taken. With the hope of
+causing people to abandon the drinking of spirits, Parliament determined
+to encourage the sale of beer; and an Act was passed permitting any
+householder to open a beer shop on paying an excise fee of two guineas.
+The consumption of beer rose twenty-eight per cent. in consequence; but it
+was soon found that this, in place of checking the rush to spirits, aided
+it; and the increase in the spirit trade was even greater than that in
+beer. The number of houses for the sale of intoxicating liquors rose from
+88,930 to 123,396; and many old inns, that formerly had been respectably
+conducted, were now driven by the stress of competition to very doubtful
+means for the promotion of their trade. At the same time crime showed a
+great increase, and, to quote from a Report of a Committee of the House of
+Lords, "The commitments for trial in England and Wales in the years
+1848-49 were, in the proportion to those of 1830-31, the two first years
+after the enactment of the Beer Act, of 156 to 100; that this is not a
+mere casual coincidence the Committee have the strongest reasons to
+believe from the general evidence submitted to them, but more especially
+from that of the chief constables of police and the chaplains of gaols,
+who have the best opportunities, the one of watching the character of the
+beer shops and of those who frequent them, the other of tracing the causes
+of crime and the career of criminals".
+
+The Report of a Committee of the House of Commons in 1854 was still more
+emphatic. "The beer shop system," it said truly, "has proved a failure."
+
+_Off Licences._--Through legislation introduced by Mr. Gladstone early in
+the "sixties," persons are now permitted to sell spirits, wine or beer in
+bottles, for consumption off the premises, on payment of a small licence
+fee. Previous to then it was illegal for any spirit merchant to supply
+less than two gallons at a time. The new law has led to a considerable
+trade in strong drink through grocers, and it has been estimated that the
+off licence holders supply about five per cent. of spirits sold. This
+departure has been the object of very considerable opposition from both
+publicans and temperance advocates. The publicans naturally object to
+having a large part of what was their monopoly thrown open to almost free
+competition; and temperance advocates declare that the off licences are
+very largely responsible for the rapid increase of intemperance among
+women. It is said that many who would not venture to go to a public-house
+to order what they want, quietly and secretly obtain their supplies
+through the grocer, and are able to indulge at home without restraint.
+Innumerable clergymen and doctors declare that, to their personal
+knowledge, these facilities have largely promoted female intemperance. But
+in the very nature of the thing, these statements, while worthy of all
+attention, are not capable of ordinary proof. The only way they could be
+shown to be true would be by naming a large number of cases, with names
+and addresses, and submitting them for examination. Naturally neither
+clergymen nor doctors can do this; for it would be impossible for them to
+make public the secrets of persons whose inner histories they learn in
+their professional administrations. It was this that caused the failure of
+the temperance party to convince the Committee of the House of Lords, in
+1879, as to the harmfulness of the off licences. In its Report, the Lords'
+Committee made this statement about the matter:--
+
+"The question which the Committee have had to consider is, not whether
+some cases of intemperance may be traced to the purchase of spirits at
+grocers' shops, but whether any general increase of intemperance can be
+attributed to grocers' licences. After the examination of many witnesses
+on the point, and after the best inquiries they could make, the Committee
+have obtained very little direct evidence in support of this view; and the
+conclusion they have come to is, that upon the whole there have been no
+sufficient grounds shown for specially connecting intemperance with the
+retail of spirits at shops as contrasted with their retail at other
+licensed houses."
+
+_Sunday Closing._--Sunday closing now prevails over almost the whole of
+the empire, with the exception of England itself. It is in force in nearly
+every colony, and in Scotland, Wales and Ireland. For the latter country
+an Act was passed in 1877, granting this measure to the whole island,
+except Dublin, Cork, Belfast, Limerick and Waterford, for the space of
+four years. The Act was looked upon as purely experimental; but it
+operated so successfully that it has since been renewed, year by year, as
+an annual measure. Many efforts have been made to place it on a permanent
+basis, and to include the five exempted cities in its scope. Both
+Protestants and Catholics are agreed as to its necessity, and leading
+statesmen of both parties have testified to its beneficial effects.
+
+In 1888, when Mr. T. W. Russell brought before the House a Bill to make
+Sunday closing permanent and general in Ireland, the opponents of the
+measure obtained the appointment of a Committee to inquire into the
+results of the Act. After a most exhaustive inquiry this Committee
+reported in favour of it, and recommended--
+
+(_a_) That all drink shops in Ireland close at nine P.M. on Saturdays.
+
+(_b_) That the present Irish Sunday Closing Act be made permanent, and
+include the five hitherto exempted towns.
+
+(_c_) That the distance requisite for a person to travel to qualify as a
+_bonâ-fide_ traveller entitled to purchase refreshments be increased from
+three miles to six.
+
+This was a great triumph for the Sunday closers. In the words of Mr. A. J.
+Balfour, "it was not unfair to say that the whole weight of evidence, with
+comparatively insignificant exceptions, was in favour of the continuance
+of Sunday closing in Ireland, and of the adoption of Saturday closing
+after nine o'clock. The people who gave evidence were not drawn from one
+class of the community, but they represented every class and every section
+of opinion."
+
+Since then Acts have been brought in year after year embodying these
+recommendations; but although supported by the Government it has never
+been found possible to carry them, chiefly on account of the congested
+condition of business in the Commons.
+
+In Scotland Sunday closing has been in force under the "Forbes-Mackenzie
+Act" since 1854. It works on the whole very successfully, as might be
+expected from the fact that in all things Scotland is strongly a
+Sabbath-observing country. In Wales this law has also been in force since
+1882. It is admitted to be a fair success in the interior of Wales; but
+great difficulty has been found in enforcing it in Cardiff, and along the
+border line between England and Wales. In Cardiff a very large shebeen
+trade has sprung up, and a number of clubs have been established for the
+avowed purpose of supplying their members with liquor on Sundays.
+
+In 1889, in consequence of many statements that were in circulation
+declaring Sunday closing in Wales to be a failure, the Government
+appointed a Royal Commission, presided over by Lord Balfour of Burleigh,
+to inquire into the matter. To the great surprise of many, the Commission
+reported in favour of the Act, and declined to recommend either
+modification or repeal of it, stating that "a change in this direction
+would be unwelcome to a vast majority of the population".
+
+
+
+
+CHAPTER II.
+
+LICENSING REFORM.
+
+
+Plans for the reform of the licensing laws are legion, and more Bills are
+brought before the House of Commons year by year dealing with this matter
+than with any other. To describe every one of these plans would be
+wearisome and useless. It will answer every purpose to confine this
+chapter to the chief measures proposed within this last quarter of a
+century.
+
+MR. BRUCE'S BILL.--No more careful or more thorough attempt has been made
+to change the licensing laws than that introduced by Mr. Bruce (now Lord
+Aberdare), who, as Home Secretary to the Liberal Government, framed a Bill
+on the subject in 1871. In bringing it before the House of Commons he laid
+down five propositions, as leading principles which he thought might be
+expected to receive the assent of all the members. They were:--
+
+1. That under the existing system of licensing, far more licences have
+been issued than are required by public convenience, there being one to
+every 182 people.
+
+2. That the present mode of issuing licences is unsatisfactory, no
+guidance being given to the magistrates either as to the number to be
+issued or the respectability and the responsibility of the persons
+seeking to be licensed.
+
+3. That no sufficient guarantees are taken as to the orderly management of
+public-houses or their supervision.
+
+4. That the laws against adulteration are insufficient, and, such as they
+are, are imperfectly enforced.
+
+5. That the hours during which public-houses are allowed to be open admit
+of reduction without interfering with the liberty or the material
+convenience of the people generally.
+
+To these he added two other propositions, on which he did not expect such
+unanimous agreement. (1) That the public have a right to be supplied with
+places of refreshment sufficient in number, convenient, and respectably
+conducted. (2) That all existing interests, however qualified the
+interests may be, are entitled to just and fair consideration.
+
+On the basis of these propositions he built up a plan which still deserves
+the careful attention of all licensing reformers. The leading principles
+of it were as follows: The licensing powers were to still be retained by
+the magistrates, and no liquor licences were to be issued without their
+certificates. All old licences were to remain in force for ten years from
+the passing of the Act, as of right, and then they were to absolutely
+lapse. New licences were to be granted on a novel plan. The justices would
+meet together before the licensing day, and would decide on the number of
+new licences to be issued, altogether apart from the question of to whom
+they were to be given. If the number of public-houses in the
+neighbourhood, when the proposed new establishments had been added, did
+not exceed a certain fixed scale, then the decision of the magistrates
+would be final. If, however, the new licences would bring the total above
+that proportion, then it would be necessary to take a vote of the
+ratepayers as to whether the increase should be permitted or not, and the
+majority of those voting would decide. The scale was, in towns, one
+licensed house for 1500 people and under, two houses for up to 3000
+people, and one more for every additional 1000; in the country, one
+licensed house for 900 people and under, two for up to 1200, three for up
+to 1800, and one more for every additional 600 inhabitants.
+
+When the number of new licences to be issued had been fixed, they were to
+be put up to public auction, and sold to the highest bidders, one person
+having power to buy any number or all of them. The purchaser would be
+allowed to select his own house for carrying on the business, provided it
+was within the limits of the district; but before receiving his licence he
+would have to obtain a certificate from the magistrates that the premises
+chosen were suitable for the purpose, and that the proposed manager was a
+proper person. It would not be necessary for the licence-holder to be his
+own manager. All licences so purchased were to be renewed annually, as of
+right, for ten years after the passing of the Act, except when forfeited
+by misconduct.
+
+At the end of ten years, when all licences, old and new, were about to
+lapse, the magistrates would decide anew what the number of public-houses
+in their neighbourhood should be. If they decided to exceed the statutory
+limits, then it would be necessary to poll the ratepayers and obtain their
+sanction to the proposal; but if the number proposed by them was not in
+excess of those limits, then this need not be done. The licences would
+again be put up for sale for another ten years, and the same process would
+be repeated at the end of each decade. In the case of eating-houses and
+beer and wine licences for refreshment-rooms these regulations would not
+apply, but the magistrates might grant licences at their discretion. Nor
+would they apply to houses selling drink for consumption off the premises
+only; for these, the justices would grant certificates, on certain
+conditions being observed by the applicants.
+
+The control of drink shops was to be made much stricter. A second
+conviction for serious breaches of the law would lead to forfeiture of the
+licences, without choice on the part of the magistrates. Every conviction
+must be recorded on the back of the licensing certificates; and on the
+police penalties for offences under the Act amounting in three consecutive
+years to £65, or in five years to £100, the licence would be taken away.
+
+In order to secure the better enforcement of the law an entirely new body
+of inspectors was to be created. These should be quite independent of the
+local authorities, and their sole duty would consist of supervising the
+liquor sellers. There was to be one inspector-in-chief; England and Wales
+would be divided into counties with an inspector for each, and every large
+town and district would have a superintendent, under whom there would be a
+carefully selected and well-paid body of men. "The police cannot properly
+and ought not to be entrusted within the walls of a public-house," Mr.
+Bruce said. "It is utterly impracticable to have a proper system of
+inspection if steps are not taken to make the inspection more efficacious;
+and efficient inspection can in my opinion be conducted only by a body of
+men altogether independent of the police.... They will be ... specially
+charged with the duty of seeing that no offence is committed in a
+public-house which is prohibited by law." The cost of this inspection was
+to be defrayed from the licence fees.
+
+Finally, the Bill contained clauses specially directed against
+adulteration. Samples of the liquors sold were to be frequently taken and
+analysed at Somerset House laboratory. When it was found that any
+injurious ingredients had been mixed with them, the seller would be
+liable, for a first offence, to a fine of £20 or imprisonment for one
+month, with or without hard labour; and, for a second offence, to a fine
+of £100 or three months' hard labour, and forfeiture of licence.
+
+Mr. Bruce's proposals fell like a bomb among the brewers and publicans.
+They realised that the time had now come when they must fight for their
+very existence; and fight they did. Temperance meetings were broken up
+all over the country, every tap-room became the centre of a campaign
+against the Government, and all the liquor sellers and their adherents
+became unswerving Tories in a day. Intense pressure was brought to bear on
+individual members, and the Government became the object of most intense
+hostility. There was not, at that time, the strong sentiment throughout
+the country in favour of restrictive legislation which is to be found now;
+and every bar parlour was used as the headquarters and meeting house of a
+propaganda to convince working men that the Bill was a measure aimed
+against the liberty of the people. The _Times_, to the surprise of many,
+gave Mr. Bruce its warmest support, and day by day did its best to
+strengthen the hands of the Government. The great body of middle-class
+people, too, were inclined to approve of the measure. But the forces
+against it were too strong; and after a few weeks the Ministry gave way,
+and it was announced that, owing to the time that had been wasted over the
+Budget, there would be no opportunity of proceeding with the measure that
+Session.
+
+What were the teetotalers doing all this time? Where was the United
+Kingdom Alliance? Where were the hundred and one other bodies that had
+been clamouring for years for reform? Here was a Ministry that had been
+bold enough to risk office in order to promote temperance; surely it had a
+right to look to the temperance party for cordial support! If it looked,
+however, it looked in vain, for the influence of the teetotalers was worse
+than thrown away in this struggle. The United Kingdom Alliance was so
+busy promoting petitions in favour of a Permissive Bill which every one
+knew had no chance of success, that it had no energy to spare for helping
+on the Government. It officially announced that its attitude was one of
+"friendly neutrality"; and when the secretary of the Alliance was urged by
+the _Leeds Mercury_ to support the Bill, he replied that "it (the drink
+trade) ought not to be sanctioned by law, nor tolerated within the range
+of Christian civilisation".
+
+No more suicidal policy, no course more fatal to the promotion of
+temperance in our land, could possibly have been taken. At a time when
+every publican and every brewer was seeking the destruction of the
+Government on account of its attitude to the drink question, the Alliance
+was content to be "friendly neutral"! By their almost inexplicable
+conduct, the leaders of that body helped to delay temperance legislation
+for a quarter of a century, and created a deep distrust of teetotalers in
+the minds of most politicians. If they had actively thrown themselves into
+the breach, had used all their forces to support the Ministry, had been
+content to drop for a few months the plan of bringing forward a measure
+which they knew Parliament would certainly reject,--then Mr. Bruce and his
+colleagues might have been encouraged to proceed, and the liquor traffic
+in England would by this time have been cut down to a fraction of its old
+proportions.
+
+Mr. Caine recently claimed that the temperance party rather supported
+than opposed the Government at this crisis; and that, in fact,
+"practically, their only friends and supporters in the constituencies were
+the teetotalers". No one denies that many individual abstainers, as, for
+instance, Mr. Caine himself, were active in helping on the measure; but
+the temperance party as a whole was not. The month after the Bill was
+abandoned, Mr. Bruce publicly charged Sir Wilfrid Lawson, in the House of
+Commons, with having hindered and greatly diminished its chance of success
+by the course he had taken. While the Bill was still before the country,
+and while its fate was trembling in the balance, many prominent abstainers
+opposed it bitterly, and spoke and wrote against it. Professor Newman, in
+answer to a request from Mr. S. Morley, that he and his friends of the
+Alliance would not refuse an instalment because they did not get all they
+wanted, replied: "The United Kingdom Alliance cannot postpone its action
+for ten years.... Its (the Bill's) good points will not help us; they are
+not things which we asked; its evil points will damage us extremely. Hence
+if we fail to induce Mr. Bruce to withdraw his astonishing innovations of
+principle, I certainly do not guarantee that our friends will refrain from
+total opposition."
+
+Mr. Raper, a leading temperance speaker, at a meeting in the Manchester
+Town Hall, held under the auspices of the United Kingdom Alliance, said:
+"It is strange that a man of such a powerful intellect as the Home
+Secretary should be so remarkably defective in observation of a logical
+kind. I have not seen a greater wonder this quarter of a century than I
+did when I saw this able man standing for two hours and ten minutes giving
+forth grand principles and then cutting them to pieces--making statements
+which he followed up with nothing."
+
+To judge from the speeches of Dr. F. R. Lees, who is considered by many
+the premier writer on total abstinence, one would think that the Bill had
+been framed by a committee of Burton brewers. "Give no unwise and blind
+support to the proposition of the Government," he said. "I do not think
+that the Bill, as a practical Bill, is worth discussing in detail.... It
+is a wholesome and righteous principle, that of public control over the
+liquor traffic; but you are denied your claim, it is postponed for ten
+years, while the existing generation of victims shall perish, and a new
+generation shall take their place."
+
+Why rake up all these old mistakes? it may be asked. Why not forget the
+past? The answer is plain. The old matter must be borne in mind, not in
+order to belittle and denounce the men who made the mistakes, but so that
+the reformers of the present may learn from the blunders of their
+predecessors, and not again wreck the ship because it is only sailing
+towards port with a couple of sails instead of a full rig.
+
+MR. CHAMBERLAIN'S PLAN.--In 1876 some stir was made by Mr. Chamberlain
+advocating an adoption of the Gothenburg system in England. The Birmingham
+Town Council expressed its approval of the plan; and on 13th March, 1877,
+Mr. Chamberlain brought forward a resolution in the House of Commons:
+"That it is desirable to empower the Town Councils of boroughs, under the
+Municipal Corporation Acts, to acquire compulsorily, on payment of fair
+compensation, the existing interests in the retail sale of intoxicating
+drinks within their respective boroughs; and thereafter, if they see fit,
+to carry on the trade for the convenience of the inhabitants, but so that
+no individual shall have any interest in nor derive any profit from the
+sale".
+
+This motion was supported by Sir Wilfrid Lawson and his allies; but was
+rejected by a large majority, 103 voting against and only 51 in its
+favour.
+
+MR. RITCHIE'S LOCAL GOVERNMENT BILL.--In 1888, when the Local Government
+Bill was introduced by the Unionist Government, it contained clauses
+providing that the whole of the licensing of public-houses should be
+handed over to the County Councils; and that, in addition to the powers
+now held by the magistrates, the Councils should have authority to close
+the houses on Sunday, Good Friday and Christmas Day, either altogether or
+for part of the day, to alter the hour of closing at night, and to
+increase the licensing fees not more than 20 per cent. There were two
+great limits to the proposed power of the Councils. The first gave the
+magistrates power to prevent the renewal of a licence on proof that the
+holder was guilty of illegal conduct. The second limit was the provision
+that when the Councils refused the renewal of a licence for any other
+cause than the fault of the holder, the latter should be entitled to
+compensation. Such compensation was to be assessed on "the basis of the
+difference (if any) between the value of the licensed premises immediately
+before the passing of this Act and the value which such premises would
+have then borne if the licence had then determined". The compensation was
+to be divided between the persons interested in the premises, either by
+agreement among themselves, by arbitration, or, finally, by the County
+Court. The cost of the compensation was to be borne ordinarily by the
+licensing division of the county in which the house was situated; or
+sometimes, under exceptional circumstances, by the whole county.
+
+The temperance party, although on the whole preferring _ad hoc_ Boards,
+would gladly have accepted the proposals, but for the compensation
+clauses. Over these a hot fight was made, and innumerable meetings were
+held all over the country against them. The licensed victuallers were at
+first also inclined to oppose the measure; but they soon realised that it
+would be on the whole a great gain to them. As Mr. Ritchie, the father of
+the Bill, pointed out to a deputation, "We practically give you a vested
+interest by the Bill". But the opposition to the objectionable clauses was
+too strong; and in June Mr. W. H. Smith announced, for the Government,
+that the whole of the licensing section would be withdrawn.
+
+MR. GOSCHEN'S COMPENSATION PLAN.--Two years later a second attempt was
+made by the same Government to legalise compensation. In the _Local
+Taxation (Customs and Excise) Bill_ a scheme was formulated for the
+gradual reduction of public-houses. The main idea of this scheme was that
+each year the sum of £440,000, raised by increased taxes of 3d. a barrel
+on malt liquors and 6d. a gallon on spirits, should be used for the buying
+up of licences for the purpose of extinction. Of this sum, £350,000 was to
+go to England, £50,000 to Scotland and £40,000 to Ireland. In England and
+Scotland the money was to be apportioned among the County Councils, which
+would be permitted to buy up such licensed premises as they thought
+proper; in Ireland the authority to be appointed was the National Debt
+Commissioners. No compulsory powers of purchase were given; but all
+purchases would have to be made by agreement with the owners of the
+houses, at prices and under conditions fixed by mutual arrangement. After
+the passing of the Act, no new licences, except for eating-houses and
+refreshment-rooms, were to be granted unless the consent of the County
+Councils had first been obtained, and even when new licences were granted,
+it was to be on the express understanding that their renewal might "at any
+time be refused at the free and unqualified discretion of the licensing
+authority".
+
+In bringing the Bill before the House of Commons Mr. Ritchie said: "I
+assure the House that the sole object which the Government has in view is
+to promote temperance, and to help those who are endeavouring and who have
+so long endeavoured to battle against intemperance.... I have not the
+least intention of interfering with any powers now possessed by licensing
+magistrates.... Our sole object has been to help temperance reformers, and
+to promote the cause of temperance." But temperance reformers did not see
+the matter quite in the same light as Mr. Ritchie; and the opposition to
+the proposals of 1890 was even stronger than to those of 1888. The main
+objections were that the measure created a vested interest where none
+previously existed, and that the proposals for extinction were utterly and
+ridiculously inadequate. Mr. Caine, a prominent Liberal Unionist supporter
+of the Government, resigned his seat in Parliament as a protest against
+the scheme; and before many weeks had passed, the second attempt was sent
+the same way as the first. The money intended for the compensation of the
+publicans was devoted instead to technical education.
+
+LORD RANDOLPH CHURCHILL'S BILL.--In the same month as the Local Taxation
+Bill was introduced, Lord Randolph brought before the House of Commons his
+scheme for amending the licensing laws. This plan was admittedly partly
+based on Mr. Bruce's Bill of 1871. The licensing authority was to be
+vested in the municipal authorities for boroughs and the County Council
+for counties. These bodies were not only to have the right to license, but
+also to regulate the hours of closing on Sundays and week-days. The power
+of direct veto was to be placed in the hands of the people, and in a
+parish where two-thirds of the ratepayers on the municipal rate book voted
+for prohibition, no licences were to be granted. Beer shops were to be
+swept away, and the kinds of licences were to be reduced to two,--the full
+publican's licence and the refreshment-house wine and beer licence; and
+the rating qualification for a building used as a public-house was also to
+be considerably increased. Clubs in which drink was consumed were to be
+registered and to pay fees ranging from 30s. a year for a working men's
+club to from £1000 to £2000 for the great West-end clubs. The noble lord
+was strongly in favour of compensation, and declared: "I hold that
+compensation for vested interests is an indispensable accompaniment to any
+scheme of licensing reform. Any such reform not accompanied by
+compensation for vested interests would be sheer confiscation and
+robbery." But he did not deal with this detail in his Bill, on the ground
+that it would entail taxation in some form or another; and it is not in
+the power of a private member of Parliament to propose to the House
+taxation of any form or kind. Lord Randolph's measure met with a very
+favourable reception when introduced, but he did not proceed even to the
+second reading with it.
+
+THE BISHOP OF CHESTER'S BILL.--In 1892, Dr. Jayne, Bishop of Chester,
+brought before the public a modification of the Gothenburg system that has
+since attracted a considerable amount of attention. He recognises that
+intemperance is far too common, and that our public-house system stands
+urgently in need of reform; but he believes that the use of alcoholic
+beverages must be accepted as inevitable, and that the best plan to adopt
+is not to seek to abolish the drink trade altogether, but to reform it.
+One of the great evils of the present system is that those who conduct
+public-houses have a direct pecuniary interest in selling the largest
+amount of drink possible; the Bishop desires to change the object of the
+sellers from private profit to the public welfare. To do this he would
+have philanthropic companies formed, which should buy up all the
+public-houses in a district, have a monopoly of sale, and conduct the
+traffic for the public welfare. The companies would derive no profit from
+the sale, except a certain fixed amount of interest on the capital
+invested. In their houses (to quote Dr. Jayne's own description)
+"alcoholic beverages, though frankly recognised, will be disposed from
+their aggressive supremacy, and supplied under less seductive conditions.
+These conditions would, for example, be comfortable, spacious,
+well-ventilated accommodation; temperance drinks brought well to the
+front, invested with prestige, and supplied in the most convenient,
+attractive and inexpensive way; the pecuniary interests of the managers
+(_e.g._, in the form of bonus) made to depend entirely on the sale of
+eatables and non-alcoholic beverages; alcoholic liquors secured against
+adulteration; newspapers, indoor games, and, where practicable, outdoor
+games and music, provided; while the mere drink shop, the gin palace, and
+'the bar'--that pernicious incentive to drinking for drinking's
+sake--would be utterly abolished."
+
+Dr. Jayne's first thought was that such houses might be managed by the
+County Councils, but he soon saw that it would be better to place them in
+the hands of private companies. The methods by which he proposes that the
+companies should set to work may be best seen from an account given by him
+in the _Daily Graphic_ for 25th October, 1893: "We are prepared to
+undertake the licensed victualling of your locality, paying to the
+dispossessed publicans such compensation as law and equity may require. We
+will at once reduce our houses to such number as the licensing authority
+may deem necessary; we will re-engage respectable publicans as managers on
+terms far more favourable to themselves, their families and the community,
+than managers now enjoy under the tied-house system. They will receive a
+fixed salary, with a bonus on the sale of eatables and non-alcoholic
+drinkables, but with absolutely no benefit from the sale of intoxicants.
+They will thus have no inducement to push the sale of alcohol, to drink
+with their customers, or to adulterate their liquors. As regards hours of
+closing and details of management we shall, within legal limits, be guided
+by local experience and opinion. Our surplus profits will be applied to
+public, non-rate-aided objects, including the establishment of bright and
+attractive temperance houses, to which those who wish to keep quite clear
+of the temptations of alcohol in any shape may safely resort."
+
+In 1893 he incorporated these proposals in a Bill which he brought before
+the House of Lords. The measure was defeated on the second reading; but
+Dr. Jayne is still hopeful that Parliament will grant the necessary
+powers for the attempt to be made where desired. Would it not be better
+for some town to definitely decide to adopt the Gothenburg system, and
+then go to Parliament with a request for an authorisation to do so? Such a
+demand is far more likely to be granted than a proposal that may be
+adopted anywhere or nowhere. If the method proved a success when first
+tried, there would be little difficulty in obtaining permission for other
+places to follow suit.
+
+THE BISHOP OF LONDON'S BILL.--_The Licensing Boards Bill_ may be taken as
+representing the plans of a moderate school of reformers. It was framed
+under the supervision of the Church of England Temperance Society, and
+introduced into the House of Lords in 1893 by Dr. Temple, Bishop of
+London. The Church of England Temperance Society differs in many ways from
+most temperance organisations. Its social work is worthy of all praise,
+and its magnificent agencies for the rescue of criminals and inebriates
+are so well known as hardly to require mention. But in the matter of
+legislative action, this society does not take up the extreme attitude of
+such organisations as the United Kingdom Alliance. Its membership contains
+a very large, if not a predominating Conservative element; and hence its
+proposals deserve attention as being those of the members of a party
+usually not foremost in legislation of this kind.
+
+The Bill brought forward by the Bishop of London in 1893 proposed to
+transfer the power of granting all drink, billiard, music and dancing
+licences from the justices in each district to a specially elected
+Licensing Board. The Board was to be elected triennially by persons on the
+local government register of electors, and the cost of such elections and
+other expenses of management were to be borne by the borough or County
+Council. The Board would have power to alter the hour of closing on
+week-days, and all licensed houses would be closed on Sunday unless by
+special order of the Board. Even when the Board sanctioned Sunday opening,
+the houses would only be permitted to remain open for two hours, and could
+only sell drink for consumption off the premises. All clubs would have to
+be registered, fees being payable for such registration; and power would
+be given to the police to enter any club which they had reason to believe
+was carried on simply as a drinking club, and to charge the members found
+on the premises and the owner of the house before a magistrate. The
+principal provisions of the Bill, however, would not come into effect
+until five years after the passing of the Bill, when a large reduction of
+licences would take place compulsorily. This five years' term of grace was
+provided for as a kind of compensation. At the end of five years from the
+passing of the Bill into law the following provisions would come into
+operation:--
+
+     (_a_) The only licences that are to be granted are (i.) a full
+     publican's licence; (ii.) a wine and beer on licence for a
+     refreshment house; (iii.) a wine and beer off licence; (iv.) a
+     licence for an hotel; and (v.) a licence for a railway refreshment
+     room, the two last being special forms of the publican's licence.
+     After 1898, therefore, the following kinds of licence will cease to
+     be obtainable: (i.) The beer dealer's additional licence (off); (ii.)
+     the beer retailer's on and off licences; (iii.) the cider and perry
+     on and off licence; (iv.) the table beer retailer's licence (off);
+     (v.) the wine retailer's on and off licences; and (vi.) the sweets
+     retailer's on and off licences. None of these licences are required
+     by a person holding a superior licence.
+
+     (_b_) The Board is to have full discretion to grant or not to grant
+     any licence. After this provision comes into effect the present
+     restrictions on the power to refuse certain licences, except on
+     certain grounds, will cease.
+
+     (_c_) Licences, exclusive of hotels and railway refreshment rooms,
+     are not to be granted in excess of a fixed proportion to the
+     population of each district--one per 1000 in towns, one per 600 in
+     country--but proper notice is to be given to a licence holder before
+     discontinuing his licence under this clause.
+
+     (_d_) The value qualification of premises is raised.
+
+     (_e_) A licensed person is not to carry on any other retail business
+     on the licensed premises.
+
+The measure came before the House of Lords for its second reading on the
+12th May, 1893. It met with a very unfavourable reception, and Lord
+Salisbury opposed it hotly as being "the wrong remedy for the evil we all
+deplore". At last Dr. Temple, seeing that it was perfectly evident the
+measure would be rejected by a considerable majority, consented to allow
+the motion to be negatived without a division. It is the intention of the
+Church of England Temperance Society, however, to keep its Bill as far as
+possible to the front, and to make persistent efforts to have it carried
+into law.
+
+LOCAL OPTION.--Few schemes of reform have been so unceasingly pushed as
+that for giving to localities the option of prohibition. Forty years ago,
+when it was first brought before the British public, it was laughed at,
+and hardly deemed worthy of the serious notice of politicians; in 1893 it
+was introduced by the Government to the House of Commons; and to-day it
+has all the weight of one of the two great political parties behind it.
+Whatever may be thought of the practical usefulness of such an option in
+the present state of public opinion, it is hardly possible to deny to the
+men who demand it a tribute of admiration for their persistency and pluck.
+
+On the 1st June, 1853, the United Kingdom Alliance was founded for the
+purpose of securing "the total and immediate legislative suppression of
+the liquor traffic". Its plan of operations was to secure for any locality
+that wishes it the right to prohibit the traffic in intoxicants there.
+Eleven years after the formation of the Alliance Sir W. Lawson introduced
+his famous Permissive Bill, embodying the demands of the Alliance, to the
+House of Commons. It was defeated by a majority of over seven to one; but
+in 1869 the majority against it was reduced to a little over two to one.
+In 1879 Sir Wilfrid changed his tactics; and instead of incurring the cost
+of introducing a Bill year by year, he brought forward a resolution in
+favour of "some efficient measure of local option". In 1880, before a full
+House, the resolution was at last carried by a majority of 26; 245 voting
+for, and 219 against.
+
+It was expected that the Liberal Government then in force would do
+something to carry the resolution into effect; but nothing was done until
+1893, when Sir William Harcourt's much-debated Local Option Bill was
+introduced. The provisions of this Bill are very simple, and include two
+things,--the option of prohibition, and the option of Sunday closing. It
+provided that on one-tenth of the local government electors in any
+division making the request in writing, a poll shall be taken as to
+whether all public-houses be closed there, or whether there shall be
+Sunday closing. The latter proposal can be carried by a simple majority of
+those voting; but to secure entire prohibition there must be a majority of
+two-thirds. Whatever way the electors decide would remain in force for
+three years; but at the end of that time the question might be re-opened
+by a similar petition, and a fresh poll held. But when prohibition had
+been carried it could only be repealed by a two-third vote against it. The
+electoral areas were very small, each ward in a borough divided into
+wards being a separate district. No compensation was provided; but the
+clauses for prohibition were not to come into effect until three years
+after the passing of the Act. The prohibition was not to affect railway
+refreshment-rooms, hotels, or eating-houses.
+
+The Bill caused considerable excitement; but there was a noticeable
+difference in its reception and in that accorded to Mr. Bruce's Bill of
+1871. In 1871 the working men were on the whole opposed to restriction; in
+1893 they were largely in favour of it. A demonstration called by "the
+trade" at Trafalgar Square against the Bill was swamped by friends of it,
+who carried resolutions by overwhelming majorities in its favour. The
+change of attitude of the working classes is very likely partly due to
+political partisanship; but still it is a notable fact, and makes the way
+for temperance reform much smoother than it otherwise would have been.
+
+Owing to the time taken up by the debate on the Home Rule Bill, the
+Government found it impossible to do more than introduce its local option
+measure in 1893. It promised to proceed with it this Session (1894); but
+at the time of writing it seems very improbable that this will be done.
+
+
+
+
+CHAPTER III.
+
+THE PROBLEMS OF REFORM.
+
+
+Four main problems have to be faced before any adequate scheme of
+licensing reform can be formulated. They are: (1) compensation; (2) of
+whom shall the licensing bodies consist? (3) what is to be done with the
+clubs? (4) shall "tied houses" be permitted?
+
+COMPENSATION.--This has been for many years the main block to reform. Are
+publicans, when deprived of their licences through no fault of their own,
+entitled to compensation or not? For long there was considerable doubt as
+to the legal aspects of the matter. One party argued that as the publican
+has his licence granted for one year alone, and as the magistrates have
+power to refuse to renew such a licence, therefore the drink seller has no
+vested interest in its continuance, nor the slightest claim to
+compensation if its renewal is refused. On the other hand, it was said
+that while the justices have nominally the power of refusing the renewal
+of old licences, it is a strictly limited power that they never put into
+force except for wrong-doing on the part of the licensees; and that the
+custom has so long prevailed of regularly renewing the certificates of all
+publicans who behave properly, that an expectation of renewal has become
+universal; and that by virtue of custom they have a vested interest, and
+are entitled to compensation if renewal is refused.
+
+The legal aspects of the matter were finally cleared up in 1891 by the
+decision of the House of Lords in the well-known case of "Sharp _v._
+Wakefield". The magistrates of the Kendal division of Westmoreland
+refused, in September, 1887, to renew the licence of an inn at Kentmere on
+the grounds of the remoteness of the premises from police supervision, and
+the character and necessities of the locality. The owner of the house,
+Susannah Sharp, appealed to the Quarter Sessions, but that body upheld the
+magistrates. It was resolved by the drink interest to make this case a
+test one. Their argument was that for the renewal of an existing licence
+the justices are not entitled to inquire into the character and wants of
+the neighbourhood, or to refuse a licence on the grounds that there is no
+longer a necessity for a licensed house there.
+
+The case was taken from court to court, and everywhere the decision of the
+magistrates was upheld. Finally it came before the House of Lords in
+January, 1891; and the judgment of their lordships was given in the
+following March. The five law-lords were unanimously of opinion that
+justices have the right to refuse the renewal of a licence if the
+circumstances of the neighbourhood or any other sufficient cause render it
+desirable. The Legislature, their lordships stated, gave the magistrates
+an absolute discretion both for granting and renewing licences: and such
+discretion is to be exercised (to quote the Lord Chancellor) "according
+to the rules of reason and justice, within the limits to which an honest
+man, competent to the discharge of his office, ought to confine himself".
+
+This decision was a serious blow to the owners of licensed premises. It at
+once and for ever swept away all claims of a legal right to compensation,
+and showed that vested interests in licences are absolutely nonexistent.
+
+But the question still remains whether, although the publican has no legal
+claim to compensation, he is not morally entitled (under ordinary
+circumstances) to some consideration, if suddenly and through no fault of
+his own he is deprived of what he was for long encouraged to look upon as
+his right. It is felt by many that it would be a hardship to take from a
+well-behaved licensed victualler his means of livelihood without some
+consideration. Whether this sentiment is right or not the writer of this
+book does not propose to discuss; but it undoubtedly exists, and the
+temperance party will gain nothing by shutting its eyes to it.
+
+On the one hand we have the claim of prohibitionists that no publican
+should have a penny from public funds as recompense for dispossession; on
+the other hand, there is the plea of the "trade" advocates, that he ought
+to have the full difference between the "trade" value of his house and its
+value as ordinary premises. The first of these seems rather harsh, and the
+second is certainly unreasonable. Is there no _via media_?
+
+The unreasonableness of the second proposition may best be seen from the
+fact that in many towns a very large proportion of the public-houses do
+not pay their way. Yet every one of these places is valued at a price far
+above its value as an ordinary business house; consequently, if the
+authorities were to pay the terms asked by the owners on closing them,
+they would actually be giving considerable sums for losing concerns.
+
+It may be asked why, if such houses do not clear their expenses, their
+proprietors keep them open year after year. The reasons are twofold:
+First, the houses are usually owned by brewers, who fear that if they
+abandon the licences, rival brewers may persuade the magistrates to grant
+additional licences in other parts of the place. Secondly, the
+establishments are often used as traps for depriving the inexperienced of
+their stock of money. The process is very simple. A house owned by a
+brewer goes to the bad, custom falls off, and the receipts fail to cover
+the outgoings. Thereupon the tenant is given notice to quit; and a
+salaried manager, skilled in the art of drawing custom, is placed in
+charge of it. This manager is usually a man well known in the
+neighbourhood, and with plenty of friends. He belongs to nearly all the
+friendly societies in the place, Buffaloes, Oddfellows, and the rest; he
+can give a tip on the coming race with any man, and he is "hail fellow,
+well met" with every Tom, Dick and Harry. All his friends, of course,
+flock to patronise him; the brewer is careful to supply specially good
+drink; a pull over is given for every one's measure; and soon the takings
+of the house are increased enormously. Then the place is advertised, and a
+novice is attracted by it. The brewer's agent shows him the books, and is
+able to prove that the business is going up by leaps and bounds; and so
+the novice is persuaded to pay, say £100 in cash for the good-will, and
+take over the house. The manager who has drawn all the custom leaves; and
+his friends leave with him. The poor new publican soon finds that he is
+losing money every week, and before long he begins to get in debt to the
+brewer. This goes on until his debt amounts to the price he paid for the
+good-will. Then the agent visits him, explains that as he is evidently not
+suited for the trade he had better go. The brewer will kindly allow the
+£100 paid as good-will to go to cancel the debt; and the tenant must leave
+as quickly as possible. The house is then used for the fleecing of another
+novice; and so on.
+
+If any reader doubts the truth of this, let him consult some experienced
+publican who is not afraid to speak the truth, or let him notice in any
+moderate-sized town how often many of the smaller licensed houses are
+advertised as being "under new management".
+
+Now, it cannot be said that the owners of such houses as these mentioned
+have the slightest equitable claim to any consideration. The only way to
+avoid paying money to such would be to base any scheme of pecuniary
+compensation _not on the artificial trade value of the house, but on the
+actual profits gained_, as shown by the books and vouchers of the place
+and by the publican's income-tax returns.
+
+A second limit to any scheme of compensation should be that no one, save
+the licence holder himself, should be entitled to any consideration. Big
+brewing firms that have bought up large numbers of licences are well
+acquainted with the risks attaching to them. The British public may be
+anxious to treat the poor licensed victualler generously; but it will
+hardly sanction the appropriation by wealthy wholesale firms, that thrive
+by fostering public misery, of large sums of public money. This is the
+opinion of many by no means opposed to any compensation. Mr. Gladstone, in
+the House of Commons (15th May, 1890), in speaking of this matter,
+declared: "This I must say, I cannot conceive any state of things in which
+the State authority would have the smallest duty or the smallest warrant
+for looking to anybody in these transactions, except the man with whom it
+deals--that is to say, the man to whom the licence is issued, and on whom
+it imposes its responsibility".
+
+In any plan of compensation the money should be raised from the publicans
+themselves. Those remaining benefit by the closing of other houses; for
+there are fewer shops selling drink, and therefore those left get more
+custom. This has already been done successfully in Victoria by means of
+increased licence fees, etc.
+
+As the publicans have no legal claim to consideration it cannot be
+expected that any scheme for their compensation will be permanent. It will
+rather provide for a softening to them of a time of transition.
+
+Within these limits, surely some practicable scheme can be formulated.
+The following, while dealing liberally with the keepers of licensed
+houses, would yet be an advance on the present position. Let it be
+arranged that for ten years the men at present holding licences shall be
+allowed to retain them; and if during those years the authorities wish to
+close any public-houses they shall pay the holders compensation based on
+the following scale: during the first two years, five years' purchase,
+reckoned on the average profits of the previous three years; during the
+third and fourth years, four years' profits; during the fifth and sixth
+years, three years' profits, and so on till at the end of the tenth year
+no compensation would be payable. The funds for such payments to be raised
+by increased licensing fees and an extra tax on liquor. No money to be
+paid to any person but the licence holder himself. At the end of the ten
+years the number of houses could be reduced to a fixed scale, say one for
+every 500 or 1000 of population.
+
+The principal objectors to such a compromise would probably be the
+teetotalers. But they would do well to consider whether it will not hasten
+forward the coming of that sober England for which we all long if some
+method can be found of breaking through the present intolerable deadlock.
+There is nothing opposed to temperance in granting compensation. It is
+merely a matter of policy, not of principle: though, to hear some
+reformers talk, it might be imagined that the idea of partly recompensing
+licence holders for their loss involves some terrible wrong.
+
+Both Sir Wilfrid Lawson and Mr. Caine have in the past admitted that a
+compromise about compensation might be worth considering. In the House of
+Commons (5th March, 1880) Sir W. Lawson said: "Honourable members tell me
+that there ought to be something about compensation in my resolution. If I
+would only do that they would find it in their hearts to vote for me. Now
+I do not want to condemn compensation, but this is not the question which
+is before the House. The question is, whether it is right to force these
+houses upon an unwilling neighbourhood; and if it cannot be done without
+compensation, let us have compensation. I am very sure that if ever my
+resolution is crystallised into an Act of Parliament this House will never
+refuse a fair demand from any body of men."
+
+Mr. Caine, in talking to a _Pall Mall Gazette_ interviewer, said, when
+dealing with the compensation proposals of the Church Temperance Society:
+"The time plan would work in this way: You might give to all old licences
+a definite lease of life, ten years being the utmost limit conceivable....
+At the close of the ten years' term licences would be granted for one year
+only, and no compensation whatever would be granted in case of
+extinction.... (It) would present to temperance reformers the attractive
+and important feature of finality. It certainly demands most careful
+consideration on all hands."
+
+Mr. Chamberlain, in 1876, proposed terms very similar to these. His idea,
+when discussing the buying up of licensed premises in order to commence
+municipal public-houses, was that compensation should be paid to the
+licence holder alone at the rate of five years' profit, based on the
+average profits of the previous three years.
+
+Truth compels the admission, however, that Mr. Chamberlain's views on this
+point have greatly altered in recent years. In writing to me in April,
+1894, he said:--"Further consideration has convinced me that the method of
+compensation proposed by me in 1876 would not be the best guide to a fair
+settlement, and that it would be impossible to ignore the interests of
+other persons besides the licensed holder. I think now that the best way
+would be to submit all claims to an official arbitrator, who would be
+instructed to give for the property such sum as would be given by a
+willing buyer to a willing seller in the open market--in other words, the
+fair market price."
+
+LICENSING BODIES.--Of whom should the licensing bodies consist? There are
+three different kinds of bodies proposed: (_a_) The magistrates, as at
+present; (_b_) county and town councils; (_c_) elective boards _ad hoc_.
+The magistrates have for long carried out the necessary duties; and in the
+country parts they have done as well as could be expected. In towns, more
+particularly in small boroughs, their rule has not worked quite so
+satisfactorily. Occasional charges of being influenced by pecuniary
+considerations in the performance of their duties have been brought
+against them; but such charges are so very rare that direct bribery may
+be said to be practically unknown. But magistrates in small boroughs are
+often influenced by some very extra-judicial considerations. Many of them
+are small tradesmen, appointed for political reasons. They are well
+acquainted with the brewer who is at the back of the application for a
+licence, and possibly have business transactions with him: naturally they
+do not care to offend him, and so a licence is often granted when it ought
+not to be.
+
+The licensing authority is altogether outside the usual province of the
+magistrate's duties, which should be purely judicial. It has never been
+found satisfactory to unite judicial and executive functions in one body;
+and jurists are agreed that this should be avoided; yet while they are the
+licensing authority the magistrates are both administrators and judges.
+But the principal objection to magistrates is that they are not in the
+least representative, and can do as they please entirely irrespective of
+the public.
+
+A proposal favoured by many statesmen is that of taking the duty of
+issuing licences from the magistrates and placing it in the hands of
+county and borough councils. A representative body would thus be secured;
+but the result of this would simply be to ruin many of the councils. The
+liquor question would swallow up every other in public estimation, like a
+veritable Joseph's rod. Men would be elected solely because of their views
+on licensing reform. The publicans would appoint their candidates, and the
+teetotalers theirs; and both parties would have a pitched battle at
+almost every election. Many good administrators, rather than face such
+contests, would remain outside, and the whole tone of the councils would
+be lowered.
+
+The most practicable plan of securing a popular licensing authority seems
+to be the election of Boards specially for this one purpose, as School
+Boards are elected for the management of elementary schools. The area
+which such Boards control should not be too small and particular care
+would have to be taken to prevent those pecuniarily interested in the
+traffic getting on them.
+
+But it must be remembered that no change in the _personnel_ of the
+licensing authority will effect much, and it is possible that any change
+may do harm. A representative body will be more liable to be influenced by
+outside consideration than are the justices; and the Boards in some places
+will favour the drink sellers more than the magistrates do now. This
+consideration has induced some reformers to advocate leaving the
+administration in the hands of the present authorities, but limiting their
+power by a direct popular control over the issuance of new licences.
+
+CLUBS.--No licensing reform, however complete the restraints it places on
+public-houses, will accomplish much unless at the same time it deals with
+the club evil. In the ordinary drinking club we have something far more
+dangerous to society than the worst-conducted public-house. Reformers were
+for long so absorbed in fighting the open drink shop, that they had no
+time for attending to anything else; and statesmen of all parties dreaded
+arousing against themselves the opposition which they knew would follow
+the curtailing of any of the privileges of club-land. The result is that
+there is to-day in every large town a considerable and rapidly increasing
+number of drinking dens, subject to no control, paying no fees, requiring
+no licences, and allowed to keep open all day and every day, Sunday and
+week-day alike. With the genuine club no one wishes to meddle; but the
+majority of places which go under this name are nothing but drinking and
+gambling hells, and are usually financed by, and run for the profit of,
+some brewer. Within ten years their number has increased almost tenfold,
+and from all parts of the land comes the same tale of the mischief they
+are doing. Some months ago, the Dublin Corporation sent a petition to the
+Government in which it said: "We view with alarm and dismay the rapid
+increase of bogus drinking clubs in all parts of the city; in our opinion
+these clubs are a prolific source of poverty, crime, and disorder; they
+are instrumental in depreciating the ratable value of property wherever
+they are established; and the laws which allow, without let or hindrance,
+their degrading operations at all hours of the night and of the day, are a
+disgrace to civilisation." The Corporation urged the Government to
+introduce a measure "that will be effective in grappling with this
+degrading and pestiferous evil". At Cardiff the notorious "Field Clubs,"
+formed solely and avowedly for the purpose of supplying their members
+with ale on Sundays, and so setting the Sunday Closing Act at defiance,
+were able to carry on business for some time without any hindrance from
+the police. A case which shows even more clearly than this how our
+licensing system is being reduced to little better than a mere farce, was
+mentioned last year in the House of Commons. The licence of a certain
+village public-house had been taken away because of the misconduct of the
+publican, and because the place was not required. Thereupon the brewer who
+owned the building opened it as a club, making the former publican
+manager. The rules were carefully drawn up, with the aid of counsel, to
+keep the house open to as many as possible; an entrance fee of a few pence
+was fixed; and the club was in a position to accommodate almost all its
+old customers. It had not to observe any of the regulations imposed on the
+regular drink shops, and consequently did twice as much business as before
+its licence was taken away.
+
+Such instances might be multiplied indefinitely, but there is no need; for
+to all who know anything of the inner life of our great cities these
+things are commonplaces. How to deal with these bogus establishments, and
+yet not at the same time to unduly interfere with genuine clubs, has
+become an urgent and serious question. The Royal Commission on the Sunday
+Closing (Wales) Act recommended that all clubs where intoxicating liquors
+are sold should be registered with the local authority, and that the
+register should be open for the inspection of the police. The Commission
+was also strongly of opinion that "clubs which exist only for the purpose
+of supplying drink, or only colourably for some other purpose, should be
+declared absolutely illegal". When Lord Randolph Churchill brought his
+licensing scheme before the House of Commons, he incorporated with it
+clauses for the registration and taxation of clubs, as has already been
+described in the previous chapter. The Bishop of London's Bill in 1893
+contained similar clauses, but neither measure ever got beyond the initial
+stages. _The Clubs Registration Bill_, as amended by a Select Committee of
+the House of Commons last year, provided (1) that every club (with certain
+strictly defined exceptions) selling intoxicating liquors on unlicensed
+premises must be registered; (2) that it shall only be managed in
+accordance with its registered constitution; and (3) that an annual return
+shall be made of the members of the club. There were further provisions
+forbidding the sale of any drink to be taken from the club premises,
+preventing any person under eighteen years old becoming a member of the
+club, and limiting the number of honorary members to one for every twenty
+ordinary members. The Bill applied only to England, and was admitted by
+its supporters to be miserably inadequate; but it would have been a great
+improvement, had it passed into law, on the present state of affairs.
+However, it went the usual way of Bills in that barren Session.
+
+Happily our colonies can teach us something on this matter. During the
+last nine years there has been an extremely simple yet very practical
+clause in the Victorian licensing law dealing with clubs. It provides that
+every _bonâ-fide_ association that was formed before the passing of the
+Act should be regarded as a club; but that any club established afterwards
+must, in order to obtain the right to supply its members with intoxicants,
+consist of "not less than fifty members, united for the purpose of
+providing accommodation for and conferring privileges and advantages upon
+the members thereof". Such accommodation has to be provided from the funds
+of the club, and no person is allowed to get any benefit from the club
+which may not be shared equally by every member. All clubs have to be
+registered, and their certificates may be withdrawn at any time by the
+Licensing Board.
+
+In the Licensed Victuallers' Amendment Act, brought before the South
+Australian Parliament in 1890, more elaborate provisions were made for
+meeting the club difficulty. Clubs numbering not less than fifty members
+in Adelaide, or not less than twenty-five in other parts, are exempt from
+the ordinary Licensing Act, so far as selling to their own members goes,
+provided the following conditions exist:--
+
+1. The club must be established upon premises of which such association or
+company are the _bonâ-fide_ occupiers, and maintained from the joint funds
+of the club; and no persons must be entitled under its rules to derive any
+benefit or profit from the club or for the sale of liquors which is not
+shared equally by every other member.
+
+2. It must have been proved to the satisfaction of the licensing bench at
+an annual or quarterly meeting that the club is such an association or
+company as in this section is defined, and that the premises of the club
+are suitable for the purpose.
+
+3. It must be proved to the satisfaction of the licensing bench that such
+club has a committee of management, and that some person has been
+appointed by them steward or manager.
+
+The club is obliged to pay an annual registration fee of £5, and to obtain
+a certificate from the clerk of the licensing district; such certificate
+being withdrawable if any of the conditions under which it is issued are
+broken.
+
+On some such lines as these we must look for the solution of the club
+problem in England. Any measure to be really effective must provide,
+first, that proprietary clubs and clubs financed by those interested in
+the sale of drink shall be treated exactly the same as public-houses. The
+various regulations given in _The Clubs Registration Bill_ should be
+retained, but the certificate of registration should only be obtainable
+after the licensing justices are satisfied as to the genuine character of
+the association, and have ascertained that it is established primarily for
+some other purpose than the supply of intoxicants. As clubs cause a
+decided diminution in the revenue obtained from licensed houses, it seems
+reasonable that they should be subject to a special excise tax, graduated
+somewhat after the manner provided in Lord Randolph Churchill's Bill.
+
+TIED HOUSES.--During recent years it has become more and more common for
+brewers to own public-houses, and to make the holders of the licences
+nominees of their own, dismissable at will. In many towns over four-fifths
+of the drink shops are either owned or controlled by brewers or wholesale
+spirit merchants. Year by year the wholesale firms are driven by
+competition to purchase more and more houses; and soon it will be
+difficult to find establishments in which the nominal publican is master
+of his own business. It was manifestly the intention of Parliament, in
+passing the various licensing Acts, to make the managers of licensed
+houses responsible persons, who would have some stake in the business, and
+to whose interest it would be to strictly observe the law; but by the
+"tied-house" system all this is changed. Through it the licensee is but
+little better than a man of straw, and the real controller is the brewer.
+
+There are two principal ways in which the wholesale firms "tie" a house.
+The first is as follows: A man with a small amount of capital wishes to
+take a public-house. The price of the good-will, stock and fittings of the
+place is, say, £1500. The would-be publican has only £300, but a brewer
+agrees to lend him £800, and a spirit merchant £400, on condition that he
+binds himself to deal solely off them for his liquors. This is the least
+objectionable method. The other way is for the brewer to be the owner of
+the public-house, and the publican his tenant. The latter pays a certain
+amount, varying according to the value of the house, as good-will; and it
+is stipulated that he shall deal off the brewer for all his malt liquors.
+He is usually liable to dismissal at a very short notice; and it is an
+understood thing that if the trade of the house drops at all he will have
+to leave. He must push his business at any cost and by any means. Most of
+the breaches of the law committed by publicans are due to this; for the
+unhappy licensed victualler has often no choice except between fostering
+his trade by illegal methods or getting notice to quit.
+
+It might be thought that it is hardly to the interest of the brewers to
+risk losing the licences in order to do a somewhat larger trade; but those
+who argue thus are not acquainted with the working of the law. Let us
+suppose a case typical of many. A publican is convicted before the
+magistrates on some very serious charge, say that of harbouring improper
+characters; and his licence is endorsed. It may be mentioned, in passing,
+that most magistrates refuse to endorse a licence except an offence is
+very grave or frequently repeated. At the next licensing sessions the case
+comes on, and the justices demur at renewing the certificate. The lawyer
+for the owners then addresses them somewhat in this way. "The house in
+question," he says, "is owned by the well-known firm of Messrs. Grey &
+Black. They had not the slightest idea that their tenant was guilty of
+such conduct as was unhappily proved, and they greatly regret it. It is
+their wish to keep their houses respectable, and they do all in their
+power to accomplish this. In this case, immediately the licence holder was
+convicted they gave him notice to quit. The good-will of the house has
+been sold to Mr. Tom Brown for a substantial consideration, and the old
+tenant who was convicted has no longer any interest in the place. Mr.
+Brown is a _most_ respectable man; and I can bring forward unimpeachable
+witnesses, gentlemen well known to you, who will testify to this fact.
+Now, gentlemen, I cannot deny that you have the power to refuse the
+licence if you wish; but I would venture to point out to you that by doing
+so you would punish, not the man whose wrongdoing we all condemn, but
+Messrs. Grey & Black who own the premises, and Mr. Tom Brown who has
+bought the good-will. Mr. Brown, though he has done nothing wrong, will be
+the loser of a very considerable sum by such a refusal. You will, perhaps,
+permit me to say, gentlemen, with all deference to your judgment, that
+such a course would not be in accordance with justice, nor with the
+honourable traditions that have always distinguished this bench."
+
+In nineteen cases out of twenty the magistrates agree that it would be
+rather hard on Brown to refuse; and accordingly they grant the renewal.
+The risks of losing a licence are so small that they are hardly worth
+taking into consideration. First of all, there is very little probability
+of the police proceeding against a house, except when compelled by outside
+pressure. Then, when the police do proceed and secure a conviction, the
+licence is not usually endorsed. Even after endorsement, a judicious
+change of tenants can be made; and so the licence retained.
+
+The system of "tied houses" is bad for every one except the brewer. It is
+bad for the publican, for it reduces him from master of his own house to a
+servant of the wholesale firms. He has to take such liquor as they please,
+and pay the price they demand for it. It is a recognised custom in the
+trade for some if not all of the brewers to charge their "tied" customers
+more than they do the free.
+
+The plan is bad for the public. In place of the main business of the
+publican being to satisfy his customers, it is to retain the good-will of
+the owner of the house. In a district where one firm controls all the
+houses, there is no longer competition between the different publicans as
+to which shall sell the best drink, for all sell the same; and the brewer
+is able to palm off his worst brews on the people there.
+
+Last, but chief of all, it is bad for good order and for the general
+well-being. The licensed victualler, being placed in such a position, is
+too often willing to adopt risky methods for attracting custom, which he
+would not venture to employ had he a substantial stake in the house. By
+this he not only injures the character of his own premises, but compels
+his rivals, who own free houses, to imitate him in order that they may not
+lose their trade. And so the whole method of conducting business in the
+neighbourhood is lowered.
+
+The _Times_ cannot be accused of teetotal bias; and an utterance by it on
+this matter will command weight. "The natural tendency of a brewer is
+simply to push the sale of his beer," said that journal in a leading
+article on 12th September, 1892. "Provided no forfeiture of the licence be
+incurred, the especial manner in which the business is conducted does not
+matter much to him. His main desire is that the neighbourhood shall drink
+as much as possible. His servant, the publican, who has little or no
+property invested in the premises, has no strong personal motive for
+caution. He wishes to ingratiate himself with his employer by promoting a
+liberal consumption. The fear of risking the licence affects him far less
+than if it meant for him positive commercial ruin. From the point of view
+even of the customers, it has been felt that a spread of the monopoly of
+brewers is inconvenient. When a brewer is absolute master of a house he
+can, unchallenged, supply it with bad or unwholesome liquors.... Practical
+experience, at all events, has created a keen jealousy of the system of
+tied houses, and a determination to make a stand against its unlimited
+predominance.... Where the function of a court is the commission to
+certain persons to conduct a trade under its supervision, its manifest
+duty is to see that its delegates are free agents. A publican who can be
+ejected at once, or be subjected to ruinous penalties, if he exercise the
+least liberty of choice of his stock, and unless he accept any trash a
+brewer consigns to him, is a cipher."
+
+A remedy lies all ready in the hands of the licensing justices, if they
+would only use it. Nothing would be easier than for them to demand the
+production of all agreements under which the publicans are occupiers of
+their houses, and to refuse (after due notice) to grant the renewal of the
+licence of any house in which the tenant is not a _bonâ-fide_ free agent.
+But there is little prospect of the licensing justices doing this until
+they are compelled. The most practicable remedy seems to be a short Act of
+Parliament, providing that in no case is a licensed victualler to enter
+into any contracts which will make him responsible to any but the
+licensing authority for the conduct of his house; and that it shall be
+illegal for him to bind himself to purchase his stock in whole or part
+from any particular firm or firms. It should be forbidden for brewers or
+wholesale spirit merchants to own all or part of any public-houses. It
+might be further provided that the licensing authority is to satisfy
+itself that the publican is genuinely a free agent before granting or
+renewing his licence.
+
+Such an Act would no doubt receive considerable opposition from many
+brewers, though even to some of them it would not be unwelcome. The
+present method compels them to sink a vast amount of capital in buying up
+licences, and gives the small brewer (who possibly produces better drink
+than his wealthier rivals) little chance of competing against the great
+firms. To the majority of publicans such a law would be acceptable, for it
+would raise their position and increase their profits. And the gain to
+public order would be greater than that which is likely to result from
+many more ambitious schemes.
+
+
+
+
+CHAPTER IV.
+
+THE PATH OF PROGRESS.
+
+
+The problem of licensing reform, as every one who has given it even the
+most cursory attention will readily admit, is by no means an easy one.
+Whatever step may be proposed is certain to excite the opposition of many.
+It is impossible for even the most astute statesman to formulate a plan
+that will receive the assent and approval of extremists of either school.
+Almost every one, Liberal or Conservative, admits that the present state
+of affairs is wholly unsatisfactory, and that it demands immediate
+treatment. Under it we have a vastly excessive number of public-houses, a
+weak system of supervision, and an entire lack of local control. The
+publican who wishes to carry on his business decently and respectably
+often finds it impossible to do so without heavy pecuniary sacrifice, on
+account of his more unscrupulous licensed rivals, who are willing to
+descend to any tricks to increase their trade. The whole system of
+licensing is based on the personal caprices of individual magistrates
+rather than on any uniform plan.
+
+For many years all these things have been admitted and deplored. For at
+least a quarter of a century statesmen have declared that the present
+state of the law is disgraceful, and cannot be permitted to longer
+continue. Yet it still remains the same.
+
+Can nothing be done? Are the imagined interests of a small body of rich
+men to over-ride the welfare of the whole nation? It almost seems as
+though our legislators had resigned themselves to this. One thing at least
+is certain. No sweeping change has any hope, at least for the present, of
+coming into law. A drastic licensing Bill, into which one of the great
+political parties put all its strength, might pass the House of Commons,
+but would inevitably be defeated by the Lords. The body which rejected
+without a division the Bishop of London's Bill, and which mutilated the
+non-partisan Irish Sale of Intoxicating Liquors Bill, will show but little
+consideration for any thorough-going schemes. Reformers of one school
+reply: "Then let us abolish the House of Lords". This is very easy to say;
+but if we have to wait for licensing reform until the Lords are abolished,
+then there is not much hope for improvement in this generation. A more
+politic course would seem to be the carrying of temperance legislation by
+piecemeal. Little by little the law may be changed; glaring anomalies may
+be removed, manifest injustices altered, until at last, while our liquor
+laws will not be theoretically perfect, they may at least be made
+reasonably workable.
+
+The following suggestions as to the lines which such alterations might
+take contain nothing that has not been approved by many members of
+Parliament of both parties.
+
+1. It is generally admitted that there are far too many public-houses. No
+doubt it would be found very difficult to reduce the number of those
+already licensed, but there should be little trouble in preventing the
+issuance of new licences. Let it be enacted that in no case shall a person
+be permitted to apply for a public-house licence unless he has previously
+obtained the signatures of one half of the resident electors in the
+immediate neighbourhood to a petition requesting such a licence. Even when
+such signatures have been obtained, the magistrates would still retain
+their option of refusal.
+
+2. The second reform has already been before the House of Commons. Let
+every district have the option of Sunday closing, as provided in the
+_Liquor Traffic (Local Control) Bill_, 1893. To this might well be added
+the choice of keeping the houses open on Sundays for two hours only.
+
+3. Let the appeal to Quarter Sessions in case of the refusal of the
+renewal of licences be abolished, except for manifest illegality on the
+part of the local licensing session. At present the licensing magistrates
+in many parts will not use their unquestioned power of refusing
+unnecessary licences, because they are aware that their decision is almost
+certain to be reversed at the Quarter Sessions. The county magistrates,
+knowing nothing of local needs, continually over-ride the deliberate
+judgment of the local justices.
+
+4. Have a system of supervision of public-houses entirely independent of
+local control, as proposed by Mr. Bruce in 1871.
+
+Those who have carefully watched the working of the present laws know that
+the police do no part of their work so inefficiently as the control of
+public-houses. This is due to two causes--bribery, and the power of the
+drink sellers in local government. The bribes received by the police are
+usually very small, and no doubt many constables look upon them as their
+regular perquisites. The man on the beat knows where he will find a pot of
+beer left out for him on a hot day; and he would be more than human if he
+did not look on the doings of the publican with a kindly eye after
+quenching his thirst with the publican's liquor. But this securing the
+good-will of the police is comparatively unimportant, and is practically
+incapable of legal proof. A far more serious thing is the influence
+steadily brought to bear on the police in many small municipalities, to
+cause them to refrain from proceeding against certain public-houses. The
+municipal police are solely dependent for pay and promotion on the Local
+Watch Committee and the Town Council. The Council is often largely
+controlled by the men who own the public-houses. Now the most obtuse
+policeman well understands that if he were to lay information against the
+manager of a house owned by a town councillor, or by the head of one of
+the local political associations, it would make his prospects of
+advancement no brighter. He might be praised by the papers for his zeal;
+but when a chance of promotion came up, he would be passed over for some
+one else.
+
+This is no imaginary danger. Many who have tried to secure the better
+enforcement of licensing laws in towns know well that too often the police
+will not move further than they are compelled, and then they will do as
+little as is compatible with appearances.
+
+If there were public-house inspectors entirely independent of local
+influence, and frequently moved from place to place, a great improvement
+in the management of many licensed premises would at once be apparent. The
+law-abiding publican would have a better chance of success, and would not
+be handicapped in the way he is at present.
+
+5. Let all public-houses be closed on municipal and parliamentary election
+days.
+
+Other urgently needed reforms, such as the control of clubs, and the
+abolition of tied houses, have been described in preceding chapters, and
+need not be recapitulated here.
+
+       *       *       *       *       *
+
+I feel that I would be untrue to my own convictions if I closed this
+volume without a final word to those who have followed me so far. I have
+tried to treat the subject calmly and dispassionately; and zealous
+reformers may possibly complain (as some have already complained of those
+parts published in periodical form) that my tone is cold and
+unsympathetic. I can only assure them that it is from no lack of earnest
+desire to promote true temperance. But the cause of reform will not be
+advanced by special pleading, or by that impetuous enthusiasm which leads
+men to overlook facts in order to give a reasonable air to their
+theories. The first work of a reformer should be to master his facts, and
+to discover what lessons the experiments and the mistakes of those who
+have preceded him can teach.
+
+We are often told that it is impossible to make men sober by Act of
+Parliament; and no doubt all legislation that seeks to suppress evil has
+to fight against strong opposition. But do those who so lightly quote this
+empty aphorism ever seriously resolve to persuade men to be sober by other
+means? or are they content to let a smart phrase run glibly from their
+lips as an excuse for doing nothing? To-day we are face to face with a
+gigantic evil that is destroying much that is brightest and fairest in our
+national life. To all who have any notion of patriotism, to all who have
+any real desire for the welfare of the people, and especially to all to
+whom the commands of the Carpenter of Nazareth are something more than
+mere words,--the call comes to take their part in the battle for its
+suppression. How are we to work, each man must decide for himself; but
+none of us can shirk the manifest duty of doing something, and of doing
+our best, without wrong.
+
+It is admitted that Acts of Parliament can help in promoting sobriety only
+so far as they are backed up by a strong public sentiment, and by the
+earnest endeavours of the people. Legislation can remove temptation, it
+can make virtue easier; but it cannot do everything. Along with it must go
+steady work for the brightening of every-day life, for the easing of
+conditions of labour, for improving the dwellings of the poor, for
+raising the moral tone, for the realisation by all of the sacredness of
+this life, and the need to make the most of its opportunities.
+
+As we survey the forces against us in this fight, we may sometimes be
+inclined to despair of its issue. On the side of intemperance and
+self-indulgence are great resources of wealth, power, self-interest, and
+unscrupulousness. Shall we conquer, or is the wrong to triumph over us?
+The words of a great thinker, written on another subject, best give the
+answer: "The ultimate issue of the struggle is certain. If any one doubts
+the general preponderance of good over evil in human nature, he has only
+to study the history of moral crusades. The enthusiastic energy and
+self-devotion with which a great moral cause inspires its soldiers always
+have prevailed, and always will prevail, over any amount of self-interest
+or material power arrayed on the other side."[10]
+
+
+
+
+
+APPENDIX I.
+
+THE CONDITION OF WORKING MEN IN MAINE.
+
+
+The _Fifth Annual Report of the Bureau of Industrial and Labour Statistics
+for Maine_ (Augusta, 1892) gives a set of very full returns from which it
+is possible to ascertain the exact position of working men under
+prohibition. A personal canvass was made of working men of all classes,
+the unskilled and lower paid, as well as the best and highest paid. Space
+will not permit me to quote more than a brief _résumé_.
+
+"The following is a general summary of some of the more important
+statistics derived from the reports of working men. Whole number of
+reports, 1082; number American born, 895; number foreign born, 187; number
+owning homes, 285; value of homes, 405,850 dollars; number of homes
+mortgaged, 60; amount of mortgages, 26,169 dollars; number renting, 481;
+number having savings bank accounts, 181; number who have accumulated
+savings in former years, 696; during past year, 595; run into debt during
+past year, 104; neither gained nor lost during past year, 383."
+
+Of 745 men with families, the average annual income was 527 dollars 1 cent
+per family yearly. The average annual income of 265 single working men was
+395 dollars 1 cent, and of 53 single working women, 259 dollars 64 cents.
+The amounts saved from income averaged, men with families, 12 per cent.,
+single men, 17 per cent., and single women, 9 per cent.
+
+
+
+
+APPENDIX II.
+
+THE GIN ACT, 1736.
+
+
+Whereas the excessive drinking of spirituous liquors by the common people
+tends not only to the destruction of their health, and the debauching of
+their morals, but to public ruin:
+
+For remedy thereof--
+
+Be it enacted, that from the 29th September no person shall presume, by
+themselves or any others employed by them, to sell or retail any brandy,
+rum, arrack, usquebaugh, geneva, aqua vitæ, or any other distilled
+spirituous liquors, mixed or unmixed, in any less quantity than two
+gallons, without first taking out a licence 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 licences to be
+taken out within the limits of the penny post at the chief office of
+excise, London, and at the next chief office of excise for the country.
+And be it enacted, that for all such spirituous liquors as any retailers
+shall be possessed of on or after the 29th September, 1736, there shall be
+paid a duty of 20s. per gallon, and so on in proportion for a greater or
+lesser quantity above all other duties charged on the same.
+
+The collecting the rates by this Act imposed to be under the management of
+the commissioners and officers of excise by all the excise laws now in
+force (except otherwise provided by this Act); and all monies arising by
+the said duties or licences for sale thereof shall be paid into the
+receipt of his majesty's exchequer, distinctly from other branches of the
+public revenue; one moiety of the fines, penalties and forfeitures to be
+paid to his majesty and successors, the other to the person who shall
+inform on any one for the same.
+
+
+
+
+Footnotes:
+
+[1] _A Report on Marriage and Divorce in the United States_, by Carroll D.
+Wright, Commission of Labour. Revised edition, Washington, 1891.
+
+[2] Mr. C. W. Jones, Inspector of Prisons and Gaols, Maine, to whom I am
+indebted for these figures, adds that the increase in commitments in
+recent years "is not because those crimes are on the increase, but because
+of the better enforcement of our laws relating to those crimes".
+
+[3] _The Report of Commissioner of Internal Revenue_, pp. 314-319.
+Washington, 1892. There are no returns available for any year after 1887,
+as since then Maine has ceased to be reckoned as a separate district for
+revenue purposes.
+
+[4] For many of these particulars about the condition of affairs in Iowa
+in 1893 I am indebted to the _Toronto Globe_ for November and December,
+1893. This journal, with enterprise that is deserving of all commendation,
+sent two representatives, one an avowed prohibitionist and the other
+opposed to prohibition, to Iowa and Kansas, in order to gather full
+particulars of the results obtained from the liquor laws there. The two
+commissioners, Messrs. J. E. Atkinson and J. A. Ewan, performed their
+mission excellently, and their reports are of more than temporary value. I
+may, however, add that I have by no means solely depended on the reports
+of these gentlemen in ascertaining the condition of Iowa. Other accounts,
+from varied sources, all tend to show the disgraceful and deplorable
+condition of this State under the law that failed.
+
+[5] This statement was made before the Royal Commission on the Liquor
+Traffic. At the time of writing this, the official reports of the evidence
+given before the Commission are not yet issued; consequently, I am obliged
+to rely on the somewhat abridged accounts given in the Canadian daily
+papers.
+
+[6] _Montreal Daily Star_, 29th December, 1893.
+
+[7] _Victorian Alliance Annual_ for 1890, Melbourne.
+
+[8] This translation is taken from the Special Report of the United States
+Commissioner of Labour on _The Gothenburg System of Liquor Traffic_,
+Washington, 1893. I would here acknowledge my very deep indebtedness to
+this volume for many of the statistics contained in this chapter. Dr.
+Gould's work is unquestionably the fullest and most accurate book on the
+subject in the English language, or, as far as I am aware, in any other.
+
+[9] It is well known that the number of arrests for drunkenness is no
+adequate guide to the amount of intoxication. Speaking in the House of
+Commons, 13th March, 1877, on this point, Mr. Chamberlain said: "I have
+come to the conclusion that for our purpose police statistics are no good
+at all. As an evidence of this I will mention something with which I am
+acquainted in Birmingham. On a certain Saturday the number of persons
+arrested for drunkenness and brought before the magistrates was said to be
+29--that was the total number of drunken cases credited, or rather, as I
+should say, debited to the town, according to the police statistics.
+During three hours of that same Saturday night, thirty-five houses in
+different parts of the town, beer houses, spirit shops and shops of other
+descriptions, were watched by different persons appointed for the purpose;
+and these persons reported that during those three hours 9159 males and
+5006 females came out of those shops; and, out of these numbers, of the
+male persons there were 622 drunk, and 176 females in the same state.
+There is a total of 798 drunken persons, alleged to have been seen coming
+out of 35 houses in three hours; while the police returns only reported 29
+for the day."
+
+[10] Mr. Goldwin Smith.
+
+
+
+
+SOCIAL SCIENCE SERIES.
+
+_SCARLET CLOTH, EACH 2s. 6d._
+
+
+1. Work and Wages. Prof. J. E. THOROLD ROGERS.
+
+"Nothing that Professor Rogers writes can fail to be of interest to
+thoughtful people."--_Athenæum._
+
+2. Civilisation: Its Cause and Cure. EDWARD CARPENTER.
+
+"No passing piece of polemics, but a permanent possession."--_Scottish
+Review._
+
+3. Quintessence of Socialism. Dr. SCHÄFFLE.
+
+"Precisely the manual needed. Brief, lucid, fair and wise."--_British
+Weekly._
+
+4. Darwinism and Politics. D. G. RITCHIE, M.A. (Oxon.).
+
+New Edition, with two additional Essays on HUMAN EVOLUTION.
+
+"One of the most suggestive books we have met with."--_Literary World._
+
+5. Religion of Socialism. E. BELFORT BAX.
+
+6. Ethics of Socialism. E. BELFORT BAX.
+
+"Mr. Bax is by far the ablest of the English exponents of
+Socialism."--_Westminster Review._
+
+7. The Drink Question. Dr. KATE MITCHELL.
+
+"Plenty of interesting matter for reflection."--_Graphic._
+
+8. Promotion of General Happiness. Prof. M. MACMILLAN.
+
+"A reasoned account of the most advanced and most enlightened utilitarian
+doctrine in a clear and readable form."--_Scotsman._
+
+9. England's Ideal, &c. EDWARD CARPENTER.
+
+"The literary power is unmistakable, their freshness of style, their
+humour, and their enthusiasm."--_Pall Mall Gazette._
+
+10. Socialism in England. SIDNEY WEBB, LL.B.
+
+"The best general view of the subject from the modern Socialist
+side."--_Athenæum._
+
+11. Prince Bismarck and State Socialism. W. H. DAWSON.
+
+"A succinct, well-digested review of German social and economic
+legislation since 1870."--_Saturday Review._
+
+12. Godwin's Political Justice (On Property). Edited by H. S. SALT.
+
+"Shows Godwin at his best; with an interesting and informing
+introduction."--_Glasgow Herald._
+
+13. The Story of the French Revolution. E. BELFORT BAX.
+
+"A trustworthy outline."--_Scotsman._
+
+14. The Co-Operative Commonwealth. LAURENCE GRONLUND.
+
+"An independent exposition of the Socialism of the Marx
+school."--_Contemporary Review._
+
+15. Essays and Addresses. BERNARD BOSANQUET, M.A. (Oxon.).
+
+"Ought to be in the hands of every student of the Nineteenth Century
+spirit."--_Echo._
+
+"No one can complain of not being able to understand what Mr. Bosanquet
+means."--_Pall Mall Gazette._
+
+16. Charity Organisation. C. S. LOCH, Secretary to Charity Organisation
+Society.
+
+"A perfect little manual."--_Athenæum._
+
+"Deserves a wide circulation."--_Scotsman._
+
+17. Thoreau's Anti-Slavery and Reform Papers. Edited by H. S. SALT.
+
+"An interesting collection of essays."--_Literary World._
+
+18. Self-Help a Hundred Years Ago. G. J. HOLYOAKE.
+
+"Will be studied with much benefit by all who are interested in the
+amelioration of the condition of the poor."--_Morning Post._
+
+19. The New York State Reformatory at Elmira. ALEXANDER WINTER. With
+Preface by HAVELOCK ELLIS.
+
+"A valuable contribution to the literature of penology."--_Black and
+White._
+
+20. Common Sense about Women. T. W. HIGGINSON.
+
+"An admirable collection of papers, advocating in the most liberal spirit
+the emancipation of women."--_Woman's Herald._
+
+21. The Unearned Increment. W. H. DAWSON.
+
+"A concise but comprehensive volume."--_Echo._
+
+22. Our Destiny. LAURENCE GRONLUND.
+
+"A very vigorous little book, dealing with the influence of Socialism on
+morals and religion."--_Daily Chronicle._
+
+23. The Working-Class Movement in America. Dr. EDWARD and E. MARX AVELING.
+
+"Will give a good idea of the condition of the working classes in America,
+and of the various organisations which they have formed."--_Scots Leader._
+
+24. Luxury. Prof. EMILE DE LAVELEYE.
+
+"An eloquent plea on moral and economical grounds for simplicity of
+life."--_Academy._
+
+25. The Land and the Labourers. Rev. C. W. STUBBS, M.A.
+
+"This admirable book should be circulated in every village in the
+country."--_Manchester Guardian._
+
+26. The Evolution of Property. PAUL LAFARGUE.
+
+"Will prove interesting and profitable to all students of economic
+history."--_Scotsman._
+
+27. Crime and its Causes. W. DOUGLAS MORRISON.
+
+"Can hardly fail to suggest to all readers several new and pregnant
+reflections on the subject."--_Anti-Jacobin._
+
+28. Principles of State Interference. D. G. RITCHIE, M.A.
+
+"An interesting contribution to the controversy on the functions of the
+State."--_Glasgow Herald._
+
+29. German Socialism and F. Lassalle. W. H. DAWSON.
+
+"As a biographical history of German Socialistic movements during this
+century it may be accepted as complete."--_British Weekly._
+
+30. The Purse and the Conscience. H. M. THOMPSON, B.A. (Cantab.).
+
+"Shows common sense and fairness in his arguments."--_Scotsman._
+
+31. Origin of Property in Land. FUSTEL DE COULANGES. Edited, with an
+Introductory Chapter on the English Manor, by Prof. W. J. ASHLEY, M.A.
+
+"His views are clearly stated, and are worth reading."--_Saturday Review._
+
+32. The English Republic. W. J. LINTON. Edited by KINETON PARKES.
+
+"Characterised by that vigorous intellectuality which has marked his long
+life of literary and artistic activity."--_Glasgow Herald._
+
+33. The Co-Operative Movement. BEATRICE POTTER.
+
+"Without doubt the ablest and most philosophical analysis of the
+Co-Operative Movement which has yet been produced."--_Speaker._
+
+34. Neighbourhood Guilds. Dr. STANTON COIT.
+
+"A most suggestive little book to anyone interested in the social
+question."--_Pall Mall Gazette._
+
+35. Modern Humanists. J. M. ROBERTSON.
+
+"Mr. Robertson's style is excellent--nay, even brilliant--and his purely
+literary criticisms bear the mark of much acumen."--_Times._
+
+36. Outlooks from the New Standpoint. E. BELFORT BAX.
+
+"Mr. Bax is a very acute and accomplished student of history and
+economics."--_Daily Chronicle._
+
+37. Distributing Co-Operative Societies. Dr. LUIGI PIZZAMIGLIO. Edited by
+F. J. SNELL.
+
+"Dr. Pizzamiglio has gathered together and grouped a wide array of facts
+and statistics, and they speak for themselves."--_Speaker._
+
+38. Collectivism and Socialism. By A. NACQUET. Edited by W. HEAFORD.
+
+"An admirable criticism by a well-known French politician of the New
+Socialism of Marx and Lassalle."--_Daily Chronicle._
+
+39. The London Programme. SIDNEY WEBB, LL.B.
+
+"Brimful of excellent ideas."--_Anti-Jacobin._
+
+40. The Modern State. PAUL LEROY BEAULIEU.
+
+"A most interesting book; well worth a place in the library of every
+social inquirer."--_N. B. Economist._
+
+41. The Condition of Labour. HENRY GEORGE.
+
+"Written with striking ability, and sure to attract
+attention."--_Newcastle Chronicle._
+
+42. The Revolutionary Spirit preceding the French Revolution. FELIX
+ROCQUAIN. With a Preface by Professor HUXLEY.
+
+"The student of the French Revolution will find in it an excellent
+introduction to the study of that catastrophe."--_Scotsman._
+
+43. The Student's Marx. EDWARD AVELING, D.Sc.
+
+"One of the most practically useful of any in the Series."--_Glasgow
+Herald._
+
+44. A Short History of Parliament. B. C. SKOTTOWE, M.A. (Oxon.).
+
+"Deals very carefully and completely with this side of constitutional
+history."--_Spectator._
+
+45. Poverty: Its Genesis and Exodus. J. G. GODARD.
+
+"He states the problems with great force and clearness."--_N. B.
+Economist._
+
+46. The Trade Policy of Imperial Federation. MAURICE H. HERVEY.
+
+"An interesting contribution to the discussion."--_Publishers' Circular._
+
+47. The Dawn of Radicalism. J. BOWLES DALY, LL.D.
+
+"Forms an admirable picture of an epoch more pregnant, perhaps, with
+political instruction than any other in the world's history."--_Daily
+Telegraph._
+
+48. The Destitute Alien in Great Britain. ARNOLD WHITE; MONTAGUE
+CRACKANTHORPE, Q.C.; W. A. M'ARTHUR, M.P.; W. H. WILKINS, &c.
+
+"Much valuable information concerning a burning question of the
+day."--_Times._
+
+49. Illegitimacy and the Influence of Seasons on Conduct. ALBERT
+LEFFINGWELL, M.D.
+
+"We have not often seen a work based on statistics which is more
+continuously interesting."--_Westminster Review._
+
+50. Commercial Crises of the Nineteenth Century. H. M. HYNDMAN.
+
+"One of the best and most permanently useful volumes of the
+Series."--_Literary Opinion._
+
+51. The State and Pensions in Old Age. J. A. SPENDER and ARTHUR ACLAND,
+M.P.
+
+"A careful and cautious examination of the question."--_Times._
+
+52. The Fallacy of Saving. JOHN M. ROBERTSON.
+
+"A plea for the reorganisation of our social and industrial
+system."--_Speaker._
+
+53. The Irish Peasant. ANON.
+
+"A real contribution to the Irish Problem by a close, patient and
+dispassionate investigator."--_Daily Chronicle._
+
+54. The Effects of Machinery on Wages. Prof. J. S. NICHOLSON, D.Sc.
+
+"Ably reasoned, clearly stated, impartially written."--_Literary World._
+
+55. The Social Horizon. ANON.
+
+"A really admirable little book, bright, clear, and
+unconventional."--_Daily Chronicle._
+
+56. Socialism, Utopian and Scientific. FREDERICK ENGELS.
+
+"The body of the book is still fresh and striking."--_Daily Chronicle._
+
+57. Land Nationalisation. A. R. WALLACE.
+
+"The most instructive and convincing of the popular works on the
+subject."--_National Reformer._
+
+58. The Ethic of Usury and Interest. Rev. W. BLISSARD.
+
+"The work is marked by genuine ability."--_North British Agriculturalist._
+
+59. The Emancipation of Women. ADELE CREPAZ.
+
+"By far the most comprehensive, luminous, and penetrating work on this
+question that I have yet met with."--_Extract from_ Mr. GLADSTONE'S
+_Preface_.
+
+60. The Eight Hours Question. JOHN M. ROBERTSON.
+
+"A very cogent and sustained argument on what is at present the unpopular
+side."--_Times._
+
+61. Drunkenness. GEORGE R. WILSON, M.B.
+
+"Well written, carefully reasoned, free from cant, and full of sound
+sense."--_National Observer._
+
+62. The New Reformation. RAMSDEN BALMFORTH.
+
+"A striking presentation of the nascent religion, how best to realize the
+personal and social ideal."--_Westminster Review._
+
+63. The Agricultural Labourer. T. E. KEBBEL.
+
+"A short summary of his position, with appendices on wages, education,
+allotments, etc., etc."
+
+64. Ferdinand Lassalle as a Social Reformer. E. BERNSTEIN.
+
+"A worthy addition to the Social Science Series."--_North British
+Economist._
+
+65. England's Foreign Trade in XIXth Century. A. L. BOWLEY.
+
+"Full of valuable information, carefully compiled."--_Times._
+
+66. Theory and Policy of Labour Protection. Dr. SCHÄFFLE.
+
+"An attempt to systematize a conservative programme of reform."--_Man.
+Guard._
+
+67. History of Rochdale Pioneers. G. J. HOLYOAKE.
+
+"Brought down from 1844 to the Rochdale Congress of 1892."--_Co-Op. News._
+
+68. Rights of Women. M. OSTRAGORSKI.
+
+"An admirable storehouse of precedents, conveniently arranged."--_Daily
+Chron._
+
+69. Dwellings of the People. LOCKE WORTHINGTON.
+
+"A valuable contribution to one of the most pressing problems of the
+day."--_Daily Chronicle._
+
+70. Hours, Wages, and Production. Dr. BRENTANO.
+
+"Characterised by all Professor Brentano's clearness of style."--_Economic
+Review._
+
+71. Rise of Modern Democracy. CH. BORGEAUD.
+
+"A very useful little volume, characterised by exact research."--_Daily
+Chronicle._
+
+72. Land Systems of Australasia. WM. EPPS.
+
+"Exceedingly valuable at the present time of depression and
+difficulty."--_Scots. Mag._
+
+73. The Tyranny of Socialism. YVES GUYOT. Pref. by J. H. LEVY.
+
+"M. Guyot is smart, lively, trenchant, and interesting."--_Daily
+Chronicle._
+
+74. Population and the Social System. Dr. NITH.
+
+"A very valuable work of an Italian economist."--_West. Rev._
+
+75. The Labour Question. T. G. SPYERS.
+
+"Will be found extremely useful."--_Times._
+
+76. British Freewomen. C. C. STOPES.
+
+"The most complete study of the Women's Suffrage question."--_English Wom.
+Rev._
+
+77. Suicide and Insanity. Dr. J. K. STRAHAN.
+
+"An interesting monograph dealing exhaustively with the
+subject."--_Times._
+
+78. A History of Tithes. Rev. H. W. CLARKE.
+
+"May be recommended to all who desire an accurate idea of the
+subject."--_D. Chron._
+
+79. Three Months in a Workshop. P. GOHRE, with Pref. by Prof. ELY.
+
+"A vivid picture of the state of mind of German workmen."--_Manch. Guard._
+
+80. Darwinism and Race Progress. Prof. J. B. HAYCRAFT.
+
+"An interesting subject treated in an attractive fashion."--_Glasgow
+Herald._
+
+81. Local Taxation and Finance. G. H. BLUNDEN.
+
+82. Perils to British Trade. E. BURGIS.
+
+83. The Social Contract. J. J. ROUSSEAU. Edited by H. J. TOZER.
+
+84. Labour upon the Land. Edited by J. A. HOBSON, M.A.
+
+85. Moral Pathology. ARTHUR E. GILES, M.D., B.Sc.
+
+86. Parasitism, Organic and Social. MASSART and VANDERVELDE.
+
+
+DOUBLE VOLUMES, Each 3s. 6d.
+
+1. Life of Robert Owen. LLOYD JONES.
+
+"A worthy record of a life of noble activities."--_Manchester Examiner._
+
+2. The Impossibility of Social Democracy. a Second Part of "The
+Quintessence of Socialism". Dr. A. SCHÄFFLE.
+
+"Extremely valuable as a criticism of Social Democracy."--_Inter. Jour. of
+Ethics._
+
+3. The Condition of the Working Class in England in 1844. FREDERICK
+ENGELS.
+
+"A translation of a work written in 1845, with a preface written in 1892."
+
+4. The Principles of Social Economy. YVES GUYOT.
+
+"An interesting and suggestive work."--_Spectator._
+
+5. Social Peace. Dr. SCHULZE-GAEVERNITZ. Edited by GRAHAM-WALLES.
+
+"A study by a competent observer of the industrial movement."--_Times._
+
+6. Handbook of Socialism. W. D. P. BLISS.
+
+
+  SWAN SONNENSCHEIN & CO., LONDON.
+  NEW YORK: CHARLES SCRIBNER'S SONS.
+
+
+
+
+
+
+End of Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+*** END OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+***** This file should be named 34563-8.txt or 34563-8.zip *****
+This and all associated files of various formats will be found in:
+        http://www.gutenberg.org/3/4/5/6/34563/
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties.  Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark.  Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission.  If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy.  You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research.  They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks.  Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+http://gutenberg.org/license).
+
+
+Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A.  By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement.  If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B.  "Project Gutenberg" is a registered trademark.  It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement.  There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement.  See
+paragraph 1.C below.  There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works.  See paragraph 1.E below.
+
+1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works.  Nearly all the individual works in the
+collection are in the public domain in the United States.  If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed.  Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work.  You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D.  The copyright laws of the place where you are located also govern
+what you can do with this work.  Copyright laws in most countries are in
+a constant state of change.  If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work.  The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E.  Unless you have removed all references to Project Gutenberg:
+
+1.E.1.  The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges.  If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder.  Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5.  Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6.  You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form.  However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form.  Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7.  Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8.  You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+     the use of Project Gutenberg-tm works calculated using the method
+     you already use to calculate your applicable taxes.  The fee is
+     owed to the owner of the Project Gutenberg-tm trademark, but he
+     has agreed to donate royalties under this paragraph to the
+     Project Gutenberg Literary Archive Foundation.  Royalty payments
+     must be paid within 60 days following each date on which you
+     prepare (or are legally required to prepare) your periodic tax
+     returns.  Royalty payments should be clearly marked as such and
+     sent to the Project Gutenberg Literary Archive Foundation at the
+     address specified in Section 4, "Information about donations to
+     the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+     you in writing (or by e-mail) within 30 days of receipt that s/he
+     does not agree to the terms of the full Project Gutenberg-tm
+     License.  You must require such a user to return or
+     destroy all copies of the works possessed in a physical medium
+     and discontinue all use of and all access to other copies of
+     Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+     money paid for a work or a replacement copy, if a defect in the
+     electronic work is discovered and reported to you within 90 days
+     of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+     distribution of Project Gutenberg-tm works.
+
+1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1.  Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection.  Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from.  If you
+received the work on a physical medium, you must return the medium with
+your written explanation.  The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund.  If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund.  If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4.  Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5.  Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law.  The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section  2.  Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers.  It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, are critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come.  In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at http://www.pglaf.org.
+
+
+Section 3.  Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service.  The Foundation's EIN or federal tax identification
+number is 64-6221541.  Its 501(c)(3) letter is posted at
+http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations.  Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org.  Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at http://pglaf.org
+
+For additional contact information:
+     Dr. Gregory B. Newby
+     Chief Executive and Director
+     gbnewby@pglaf.org
+
+
+Section 4.  Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment.  Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States.  Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements.  We do not solicit donations in locations
+where we have not received written confirmation of compliance.  To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit http://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States.  U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses.  Donations are accepted in a number of other
+ways including checks, online payments and credit card donations.
+To donate, please visit: http://pglaf.org/donate
+
+
+Section 5.  General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart is the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone.  For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included.  Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+     http://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
diff --git a/34563-8.zip b/34563-8.zip
new file mode 100644
index 0000000..4252b77
--- /dev/null
+++ b/34563-8.zip
diff --git a/34563-h.zip b/34563-h.zip
new file mode 100644
index 0000000..0eb891c
--- /dev/null
+++ b/34563-h.zip
diff --git a/34563-h/34563-h.htm b/34563-h/34563-h.htm
new file mode 100644
index 0000000..eeb8e1e
--- /dev/null
+++ b/34563-h/34563-h.htm
@@ -0,0 +1,5539 @@
+<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
+    "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
+
+<html xmlns="http://www.w3.org/1999/xhtml">
+  <head>
+    <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" />
+    <title>
+      The Project Gutenberg eBook of Sober by Act of Parliament, by Fred A. McKenzie.
+    </title>
+
+    <style type="text/css">
+
+    p {margin-top: .75em; text-align: justify; margin-bottom: .75em;}
+
+    body {margin-left: 12%; margin-right: 12%;}
+
+    .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right; font-style: normal;}
+
+    h1,h2,h3,h4,h5,h6 {text-align: center; clear: both;}
+
+    hr {width: 33%; margin-top: 2em; margin-bottom: 2em; margin-left: auto; margin-right: auto; clear: both;}
+
+    table {margin-left: auto; margin-right: auto;}
+
+    .blockquot {margin-left: 5%; margin-right: 10%;}
+	.dent {margin-left: 2em;}
+
+    .right {text-align: right;}
+    .center {text-align: center;}
+
+    .smcap {font-variant: small-caps;}
+    .smcaplc {text-transform: lowercase; font-variant: small-caps;}
+
+    .figcenter {margin: auto; text-align: center;}
+
+    a:link {color:#0000ff; text-decoration:none}
+    a:visited {color:#6633cc; text-decoration:none}
+
+    .spacer {padding-left: 1em; padding-right: 1em;}
+    .spacer2 {padding-left: .5em; padding-right: .5em;}
+
+    .adverts {margin-left: 15%; margin-right: 15%;}
+
+    </style>
+  </head>
+<body>
+
+
+<pre>
+
+Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Sober by Act of Parliament
+
+Author: Fred A. McKenzie
+
+Release Date: December 4, 2010 [EBook #34563]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+</pre>
+
+
+
+
+<h1>SOBER<br />BY ACT OF PARLIAMENT</h1>
+<p>&nbsp;</p>
+<h4>BY</h4>
+<h2>FRED A. MCKENZIE</h2>
+<p>&nbsp;</p><p>&nbsp;</p>
+<div class="figcenter"><img src="images/title.jpg" alt="" /></div>
+<p>&nbsp;</p><p>&nbsp;</p>
+<p class="center">LONDON<br />SWAN SONNENSCHEIN &amp; Co., <span class="smcap">Ltd.</span><br />NEW YORK: CHARLES SCRIBNER&#8217;S SONS<br />1896</p>
+
+<p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p>
+
+<p class="center"><small>TO<br />THE MEMORY OF</small><br />MY FATHER,<br /><small>WHO,<br />THOUGH PASSED FROM HUMAN KEN,<br />
+HAS LEFT BEHIND<br />A PRECIOUS REMEMBRANCE OF LOVING KINDNESS AND<br />UNFAILING SYMPATHY,<br />
+THIS BOOK IS DEDICATED.</small></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_v" id="Page_v">[Pg v]</a></span></p>
+<h2>PREFACE.</h2>
+
+<p>It is a truism that men of all shades of opinion are desirous to promote
+sobriety. It is the <i>raison d&#8217;&ecirc;tre</i> of the teetotaler and the declared aim
+of the publican. The advocate of prohibition and the man who would make
+the trade in drink as free as the sale of bread both profess to be
+actuated by a desire to extirpate inebriety. Can legislation aid us in
+accomplishing this end, and if so in what way and to what extent? This
+volume is an attempt to partly answer the question, not by means of
+elaborate theories or finely drawn inferences, but by a statement of the
+actual results obtained from liquor laws in various parts of the world.</p>
+
+<p>Whatever shortcomings may be found in the following pages, I have done my
+best to ensure their honesty and fairness. I have written with a brief for
+no particular policy, but with a sincere desire to learn, free from the
+blinding mists of partisan prejudice, the truth about all. My conclusions
+may appear to some mistaken, and my treatment inadequate, but I have never
+suppressed<span class="pagenum"><a name="Page_vi" id="Page_vi">[Pg vi]</a></span> facts that told against my own opinions, arranged statistics
+to suit myself, or consciously placed incidents in a disproportionate
+light. The subject is altogether too serious, and involves issues too
+grave, to allow one to indulge in one-sided statements, garbled facts, or
+lying statistics.</p>
+
+<p>As far as possible, the facts and figures given are taken from official
+sources. I must acknowledge my indebtedness to many correspondents in
+America, in Australia, and on the Continent of Europe, as well as at home,
+who have helped me by collecting statistics and supplying information.
+Without their aid my investigations would have been far more difficult
+than they have proved. I am also greatly obliged to the Editor of the
+<i>Pall Mall Gazette</i> for permission to reproduce portions of several
+articles of mine on &#8220;Liquor Laws,&#8221; which appeared in his journal and in a
+<i>Pall Mall Gazette</i> &#8220;Extra&#8221; during 1893.</p>
+
+<p class="right">FRED A. McKENZIE.</p>
+<p><span class="smcap">46 Oxberry Avenue,</span><br />
+<span style="margin-left: 2.5em;"><span class="smcap">Fulham.</span></span></p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_vii" id="Page_vii">[Pg vii]</a></span></p>
+<h2>CONTENTS.</h2>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td colspan="3" align="center"><a href="#Part_I">PART I.&mdash;AMERICA.</a></td></tr>
+<tr><td><small>CHAPTER</small></td><td>&nbsp;</td><td align="right"><small>PAGE</small></td></tr>
+<tr><td align="right"><a href="#CHAPTER_I">I.</a></td><td><span class="smcap">The State as Saloon Keeper</span></td><td align="right"><a href="#Page_9">9</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_II">II.</a></td><td><span class="smcap">Rum and Politics</span></td><td align="right"><a href="#Page_21">21</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_III">III.</a></td><td><span class="smcap">Forty Years of Prohibition</span></td><td align="right"><a href="#Page_32">32</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_IV">IV.</a></td><td><span class="smcap">Prohibition in Kansas</span></td><td align="right"><a href="#Page_45">45</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_V">V.</a></td><td><span class="smcap">The Law that Failed</span></td><td align="right"><a href="#Page_53">53</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_VI">VI.</a></td><td><span class="smcap">High Licence in Pennsylvania</span></td><td align="right"><a href="#Page_67">67</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td colspan="3" align="center"><a href="#Part_II">PART II.&mdash;GREATER BRITAIN.</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_2.I">I.</a></td><td><span class="smcap">Prohibition and Local Option in Canada</span></td><td align="right"><a href="#Page_75">75</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_2.II">II.</a></td><td><span class="smcap">Local Control in New Zealand</span></td><td align="right"><a href="#Page_92">92</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_2.III">III.</a></td><td><span class="smcap">Licensing in Australia</span></td><td align="right"><a href="#Page_104">104</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td colspan="3" align="center"><a href="#Part_III">PART III.&mdash;THE CONTINENT OF EUROPE.</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_3.I">I.</a></td><td><span class="smcap">The State as Distiller</span></td><td align="right"><a href="#Page_112">112</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_3.II">II.</a></td><td><span class="smcap">The Gothenburg System</span></td><td align="right"><a href="#Page_122">122</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td colspan="3" align="center"><a href="#Part_IV">PART IV.&mdash;ENGLAND.</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_4.I">I.</a></td><td><span class="smcap">The Growth of the Licensing System</span></td><td align="right"><a href="#Page_133">133</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_4.II">II.</a></td><td><span class="smcap">Proposed Reforms</span></td><td align="right"><a href="#Page_147">147</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_4.III">III.</a></td><td><span class="smcap">The Problems of Reform</span></td><td align="right"><a href="#Page_169">169</a></td></tr>
+<tr><td align="right"><a href="#CHAPTER_4.IV">IV.</a></td><td><span class="smcap">The Path of Progress</span></td><td align="right"><a href="#Page_191">191</a></td></tr>
+<tr><td>&nbsp;</td></tr>
+<tr><td colspan="3" align="center">APPENDICES.</td></tr>
+<tr><td align="right"><a href="#APPENDIX_I">I.</a></td><td><span class="smcap">The Condition of Working Men in Maine</span></td><td align="right"><a href="#Page_199">199</a></td></tr>
+<tr><td align="right"><a href="#APPENDIX_II">II.</a></td><td><span class="smcap">The Gin Act, 1736</span></td><td align="right"><a href="#Page_200">200</a></td></tr></table>
+
+<p><span class="pagenum"><a name="Page_viii" id="Page_viii">[Pg viii]</a></span></p>
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span></p>
+<h1>SOBER BY ACT OF PARLIAMENT.</h1>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h2><a name="Part_I" id="Part_I"></a><span class="smcap">Part I.</span></h2>
+<h2>AMERICA.</h2>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h2><a name="CHAPTER_I" id="CHAPTER_I"></a>CHAPTER I.</h2>
+<h3>THE STATE AS SALOON KEEPER.</h3>
+
+<p>During the last few months South Carolina has been the scene of a
+remarkable experiment in liquor legislation, which has attracted
+considerable attention from social reformers everywhere. Though
+professedly based on the Gothenburg system, the Dispensaries Act differs
+from its prototype in many important respects. As in Sweden, the element
+of individual profit is eliminated, and the control of the trade is taken
+out of the hands of private persons; but in place of the drink shops being
+conducted by the municipalities, they are placed under the direct
+supervision of the State Government. The saloon has been abolished, and
+its place taken by dispensaries, where liquor can only be obtained in
+bottles for consumption off the premises. All public inducements<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> to
+tippling have been removed at a sweep; and while it is possible for any
+sober adult to obtain what liquor he wishes, no one is pecuniarily
+interested in forcing intoxicants on him. The Act was in operation for too
+short a time to allow anything definite to be said as to its success or
+failure. It received the fiercest opposition from an influential body of
+politicians, and from the more lawless section of the community; and the
+dispossessed saloon keepers, with all the following they could command,
+naturally did their best to cause it to fail.</p>
+
+<p>In the election of 1892 the prohibition party showed great activity, and
+succeeded in obtaining a majority at the polls. The question of the
+control of the liquor traffic occupied a foremost place at the meeting of
+the new Legislature. Many members were in favour of out-and-out
+prohibition, and a Bill was introduced to make the manufacture or sale of
+drink illegal. But, after considerable debate on the subject, a new
+measure was hastily brought before the Senate, at the instigation of the
+Governor, the Hon. Benjamin R. Tillman, as a compromise between the views
+of the extreme prohibitionists and those who held that, in the present
+condition of public opinion, prohibition would be largely inoperative, and
+consequently injurious to the temperance cause. The measure was rushed
+through the Legislature with little or no debate, and at once received the
+sanction of the Governor.</p>
+
+<p>Governor Tillman is undoubtedly a remarkable man,<span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span> of bold initiative and
+great force of character; and it is impossible to understand the situation
+in South Carolina without knowing something about him. Within the last
+decade he has risen from obscurity to the supreme power in the State, and
+to-day he is &#8220;boss&#8221; of South Carolina. He first came to the front in 1885,
+by his bitter denunciations of the local Democratic rulers. He is himself
+a Democrat, but this did not prevent him from bringing the most serious
+charges against the members of the aristocratic ring that held the reins
+of Government. He charged them with being the enemies of the poor and
+oppressors of the people, whose one aim was to conduct public affairs so
+as to benefit themselves. At first the high-class politicians treated him
+with a half-amused, half-contemptuous scorn, sneered at what they were
+pleased to call his ignorant talk, and held his language up to ridicule.
+And in truth, if reports may be believed, his vigour of speech gave his
+enemies abundant cause to blaspheme. He was not particular in his choice
+of phrases, and he did not hesitate to pile up the most picturesque and
+sanguinary expressions in describing his opponents.</p>
+
+<p>But the people rallied around him. &#8220;I am rough and uncouth, but before
+Almighty God I am honest,&#8221; he said to them; and they believed him. The
+poorer country folks were his first followers, then the Farmers&#8217; Alliance
+came to his support, and before the old politicians had ceased to wonder
+at the audacity of the young man, they began to learn that their days of
+power were over. In 1890 he stood for the Governorship in opposition to
+the<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> regular Democratic candidate. He stumped the State, and met with a
+most enthusiastic reception. He was elected by a large majority, and the
+power of the old ring was, for a time at least, broken. Two years later he
+was once more elected to the same post, and until he tried to carry out
+the Dispensaries Act his authority was supreme in the State. One thing is
+certain: if Governor Tillman cannot secure obedience to the law, it will
+be difficult to find any one else who can.</p>
+
+<p>The chief provisions of the original dispensary law are as follows. No
+persons or associations of persons were allowed to make, bring into the
+State, buy or sell any intoxicating liquors, except as provided for by the
+Act. Districts that were previously under prohibition continued so, but in
+other parts the traffic was conducted by State-appointed officials. The
+Governor appointed a Commissioner, whom he must believe to be an abstainer
+from intoxicants; and this official, under the supervision of the State
+Board of Control, purchased all strong drink to be sold in the State, and
+generally acted as head of the dispensaries. The State Board appointed in
+each county a local Board of Control, composed of three persons believed
+not to be addicted to the use of intoxicants. These County Boards made the
+rules for the sale of drink in their own districts, subject to the
+approval of the State Board; and they also appointed dispensers who had
+the sole power of selling liquors in the districts where they were placed.</p>
+
+<p>There are many minute restrictions which had to be<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> observed by the
+dispensers in vending their wares. A would-be buyer must make a request in
+writing, stating the date, his age and residence, and the quantity and
+kind of liquor required. If the applicant was intoxicated, or if the
+dispenser knew him to be a minor or in the habit of using strong drink to
+excess, then he must refuse to supply him. If the dispenser did not know
+the applicant personally, then a guarantee must be given by some person
+known to both buyer and seller that the former was neither under age nor a
+habitual drunkard. Sales were only to be made during daytime, and the
+liquor was not to be drunk on the premises.</p>
+
+<p>The penalties for breaches of the law were very severe, ranging as high as
+imprisonment for not under one year or over two years for repeated illegal
+sales. All profits obtained by the work of the dispensary were divided in
+three parts,&mdash;one half for the State, one quarter for the municipality,
+and one quarter for the county. The hope of obtaining a considerable
+revenue was undoubtedly one of the main reasons for passing the Act, and
+Governor Tillman anticipated a profit of half a million dollars a year for
+the State.</p>
+
+<p>The dispensers were paid, not according to the quantity of their sales,
+but at a fixed salary named by the Board, and not allowed to exceed a
+certain amount. It was provided in the original Act that dispensaries
+could only be opened in cities and towns, and then not unless the majority
+of the citizens of a place signed a petition requesting to have them.</p>
+
+<p><span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span>The new measure came into force on 1st July, 1893. For many weeks
+previously there had been great excitement in the State, and as June drew
+to an end the saloon keepers put forth strenuous efforts to do the utmost
+possible business in the short time that was left to them. &#8220;The situation
+all over South Carolina to-night,&#8221; said a despatch from Charleston on 30th
+June, &#8220;is peculiar. In Charleston there has been in progress all day a
+huge whisky fair. The air is filled with the tintinnabulation of the
+auction bells and with the cries of the auctioneer; in dozens of liquor
+stores are crowds of free-born American citizens buying whisky, wine and
+beer to lay in a stock against the dry spell, which sets in to-night. In
+the fashionable groceries extra forces of clerks have been at work day and
+night for a week, putting up demi-johns and kegs of whisky, brandy, rum,
+gin, and wine; and battalions of drays and delivery waggons have been
+employed carting the goods to the railroad depots and to the various
+residences. It is no exaggeration to say that there are not 1000 out of
+the 10,000 houses of white people in the city that are not provided with a
+supply of liquors to last six months at least.&#8221;</p>
+
+<p>Six counties in the State are under statutory prohibition, and
+consequently no dispensaries could be opened in them. In many other parts
+the people refused to come under the Act, and in towns especially there
+was a spirit of undisguised opposition to the measure. It is in the towns
+that the old-line Democrats,<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span> whom Tillman drove from office, have always
+been the strongest. With the passing of the Act they saw their opportunity
+to have vengeance on him, and possibly to regain their old majority; and
+they resolved to do their best to wreck his Bill. In Charleston the word
+went forth that the law was to be ignored, and, as far as the city
+authorities could accomplish that end, it has been set at defiance. When
+the State constables have arrested liquor sellers, the constables have
+been mobbed and ill-treated; the sheriff has packed the juries; the
+justices who have tried liquor cases have been notoriously opposed to the
+law; and, as an inevitable consequence, the clearest evidence of illegal
+liquor selling has been insufficient to convict any offender there. What
+is true of Charleston is almost equally true of several other places.
+This, it must be understood, is not because of any fault of the Act; but
+because eager partisans are willing to perjure themselves, to break
+through the most sacred obligations of office, and to descend to any
+tricks in order to ruin the Tillmanites.</p>
+
+<p>The prohibitionists have been divided in their attitude. Some of them
+warmly support the law, but others have united with the old-line Democrats
+in opposing it. They are mostly willing to admit that the Tillmanite
+dispensaries are a vast improvement over the former reign of the saloon;
+but they are fearful lest the fact that the State conducts the traffic may
+give it a semblance of respectability, encourage people to drink, and so
+do more harm than good.<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> &#8220;The absolute boss of the State, Governor
+Tillman,&#8221; sneered one, &#8220;expects to turn the great commonwealth into one
+great drinking saloon, such as might carry a signboard, reaching from sea
+to the mountains, announcing &#8216;Benjamin Ryan Tillman, monopolist of grog&#8217;.&#8221;</p>
+
+<p>In his annual message to the Legislature, in November, 1893, the Governor
+gave a long and detailed account of the working of the law. According to
+this statement, there were then fifty dispensaries open, and the total
+sales in the four months had amounted to 166,043 dollars, 56 c., yielding
+a profit to the State of 32,198 dollars, 16 c. This was considerably less
+than had been anticipated; and the smallness of the profit is no doubt due
+to the facts that so many people had got in their supplies of drink before
+the Act came in force, and that in many parts the law was very imperfectly
+enforced. Since the Governor issued his report there was a very
+considerable proportionate increase in the gains.</p>
+
+<p>In order to ascertain the results of the law on intemperance a circular
+was sent out to seventy-five cities and towns, asking them to state the
+number of arrests for drunkenness and disorder arising from liquor
+drinking for a like period before and since the passing of the Act. Only
+thirty-three places replied; and in the whole of these the arrests from
+1st July to 30th Sept., 1892, under the old licence laws, were 577; during
+the same period in 1893, under the Dispensaries Act, the arrests were only
+287. In September, 1892, 231 arrests were made; in September, 1893, the
+arrests were 131.</p>
+
+<p><span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span>The Governor admitted that the amount of illegal liquor-selling going on
+in the State was considerable, and for this he blamed the local
+authorities and the railway companies. &#8220;There is hardly a train entering
+the State,&#8221; he declared, &#8220;day or night, passenger or freight, which does
+not haul contraband liquor. Some of the railroads are yielding a measure
+of obedience to the law; but most of them openly defy it, or lend their
+line to smuggling liquor into the State.... The police in the cities, as a
+rule, stand by and see the ordinances broken every day, are <i>particeps
+criminis</i> in the offence, or active aiders and abettors of the men who
+break it.&#8221; In order to stop these things, and to more efficiently enforce
+the law, the Governor demanded fresh legislation.</p>
+
+<p>In answer to this demand, the State Legislature passed a new measure in
+December, giving considerably increased powers to the executive. The State
+Board of Control was authorised to deprive any city or town refusing to
+actively co-operate in the enforcement of the law, of its share of the
+dispensary profits. In place of the Board being unable to open a
+dispensary anywhere except when a majority of the people petitioned for
+it, the law was made that the Board could establish its shops wherever it
+pleased, unless a majority of the people petitioned against them. It was
+also found advisable to modify several minor points, such as giving hotel
+keepers permission to serve their guests with liquor.</p>
+
+<p>Governor Tillman at once made full use of the new powers. He announced
+that several new dispensaries<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> would be opened in different parts, and he
+sent a circular to all the mayors, asking if they intended to assist the
+State officials or not. To those who answered in the negative, he at once
+sent notice that the share of the profits for their towns would be
+withheld from them, and used for the purpose of employing special
+constables to see that the law was carried out there.</p>
+
+<p>In March, 1894, the troubles created by the opponents of the Dispensaries
+Act came to a head. Some State constables were searching for contraband
+liquors at Darlington when the people rose in arms against them. Two
+constables and two townsmen were killed, and the police hastily retired to
+a swamp. Here they were pursued by an infuriated body of citizens; and,
+had they been found, they would unquestionably have been killed. For a day
+or two, matters wore a serious look. In one place a dispensary was gutted,
+and several bodies of the State militia, when ordered by the Governor to
+proceed against the rioters, refused to obey.</p>
+
+<p>Governor Tillman is not a man to be easily intimidated. He promptly seized
+the telegraphs and the railways, prevented as far as possible the rioters
+communicating with sympathisers in other parts, and called together the
+troops he could rely upon. &#8220;As Governor I have sworn that the laws shall
+be respected until they are repealed,&#8221; he said, addressing the militia.
+&#8220;So help me God, I will exert all my power to enforce them. Although some
+of the militia have refused to obey orders, there are still enough to
+obey. The opponents of the law must submit<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> to the rule of the majority.
+My life has been threatened; but I have no fear, and I will convoke the
+Legislature if further power is necessary.&#8221; The soldiers received his
+message with enthusiasm. At the same time the Federal authorities offered
+to send a large body of national troops, should they be required, to quell
+the rioting, and in a few hours the powers of the law and order were once
+more supreme. But had Tillman been a ruler of another stamp, had he shown
+the least sign of yielding to the disaffected, or of eagerness to
+compromise, then the outbreak at Darlington would probably have been only
+the beginning of serious trouble in the Palmetto State.</p>
+
+<p>Hardly, however, had the riot been suppressed before the State Supreme
+Court declared the Act unconstitutional. The court, which consists of two
+conservative judges and one Tillmanite, based its decision on the grounds
+that the measure was not a prohibitory law and was not a police
+regulation, but was solely a plan for giving the profits of a trade to the
+State, and therefore it conflicted with the lawful rights of the old
+saloon keepers. Justice Pope, the Tillmanite, dissented from this view,
+and pronounced in favour of its being legal, but he was out-voted by his
+brother judges.</p>
+
+<p>The result of this decision is, that all the State dispensaries have been
+closed, and the saloons are now again openly conducting their business. It
+is hard to say what the final outcome will be; for the people in the
+country parts declare themselves resolutely determined<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span> not to have the
+saloon system revived. It is said that as soon as possible one of the old
+judges will be removed, and his place taken by a Tillmanite. The measure
+will again be carried through the Legislature, and once more come before
+the Supreme Court. The court will then uphold it, and the State will give
+the Act another trial. But, even if this is so, the prospects of the
+scheme cannot be said to be bright. There are now enlisted against it a
+powerful political faction and the authorities of several municipalities.
+It can count on the unceasing opposition of many whose support is almost
+absolutely necessary to its success; and hence it will be more than a
+wonder if, while thus handicapped, it can be anything but a failure.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span></p>
+<h2><a name="CHAPTER_II" id="CHAPTER_II"></a>CHAPTER II.</h2>
+<h3>RUM AND POLITICS.</h3>
+
+<p>America is pre-eminently the land of legislative experiments; and it has
+unequalled facilities for giving trial, with comparatively little risk, to
+many of the professed solutions of those problems which the artificial
+life of civilised society has produced. On nothing has it made more
+numerous or varied experiments than on efforts to promote sobriety by law.
+Each State in the Union is free, within certain limits, to regulate or
+suppress the liquor traffic within its own borders, without interference
+from the Federal Government. The latter body, however, maintains freedom
+of inter-State traffic, and has the power to tax liquor, and to impose
+internal revenue fees on brewers and saloon keepers. These fees are most
+strictly enforced; and the first thing a man does who contemplates
+entering the drink trade, whether legally or illegally, is to take out his
+internal revenue licence. Even the individual who surreptitiously sells
+half a dozen bottles of whisky a month in the lowest &#8220;speak-easy&#8221; rarely
+thinks of attempting to evade the Federal revenue law; for conviction is
+so sure, and the penalties are so heavy, that it does not pay.</p>
+
+<p>In seeking to learn what lessons can be taught to <span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span>old-world politicians
+from the new-world experiments, it must be borne in mind that, although
+the Americans are mostly of one blood with ourselves, the conditions of
+their social and political life are yet very different. The liquor problem
+occupies a far more prominent place there than at home, and the saloon
+keeper is an influential force in State, Union, and City politics. The
+temperance element is strong and active, and exercises a social influence
+not easy to estimate. A solid public sentiment has been created against
+even the moderate use of intoxicants; personal abstinence is advocated as
+part of the routine in nearly all the public elementary schools; it is
+regarded as disreputable for a man to frequent saloons; and, except under
+very extraordinary circumstances, no respectable woman would think of
+crossing their doorsteps. Many employers of labour, especially railway
+companies, go so far as to insist that their hands shall be abstainers.
+But while the work of the teetotalers has been productive of much
+socially, their political work has been far more spasmodic, and less
+effective. They are split into cliques; and whatever proposal may be
+brought forward, there is almost certain to be a body of irreconcilables
+who fight against it. In America, as in other countries, the greatest
+opponents of temperance legislation are always temperance reformers: if a
+law is moderate, then it incurs the enmity of those who believe that any
+other plan than the utter and immediate destruction of the saloon is sin;
+if it satisfies the extremists, it is opposed by those who declare that
+such uncompromising<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span> legislation will produce a reaction, and so in the
+end do more harm than good. A still greater cause of weakness than even
+their internal divisions is the temporary character of much of their work.
+The respectable people of a city or State will rouse themselves to a
+fever-heat of emotion over some social reform, and will carry it into law
+with a rush. Then the excitement will gradually die away, and in a shorter
+or a longer time the new law will be left to enforce itself; affairs will
+soon drop back into their old groove, until, possibly, some time after, a
+specially flagrant case of law-breaking again arouses the public
+conscience, and the same thing is gone through once more.</p>
+
+<p>The brewers and saloon keepers work differently. They are efficiently
+organised, and have behind them an almost unlimited supply of money and a
+considerable voting power. Their work is not the unselfish advancement of
+some general benefit, but the protection of their own pecuniary interests.
+They have shown themselves willing to sink all partisan preferences in
+order to prevent their trade being extinguished, and they have attempted
+to save themselves by securing control of the political machinery. They
+have too largely succeeded. America, in spite of its unceasing boasts of
+liberty, is especially the land where the few dominate over the many. In
+industry, the rings and monopolies rule; in politics, the &#8220;bosses&#8221; are
+supreme. The people are allowed to retain in their hands all the
+paraphernalia of political authority; but in many parts they are ruled by
+<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span>autocratic political organisations, with saloon keepers and plunderers of
+the public at their head.</p>
+
+<p>It would not be just to pronounce the same sweeping condemnation on
+politicians in all parts of the Union alike. In most country parts and in
+some cities the government is all that could be desired; and, usually, the
+more native-born Americans and English and Scottish settlers there are,
+the more free are the officials from corruption. But in many cities the
+
+administration is absolutely rotten: the courts dole out injustice, the
+municipal officers solely study their own interests, and obtain office for
+the one purpose of dishonestly acquiring public money; laws are enforced
+or set at defiance as may be most profitable; and perjury and plunder are
+the every-day business of mayors, aldermen, policemen, and justices alike.
+The plunderers are elected to office mainly by the saloon vote, a large
+proportion are or have been drink sellers themselves, and for these things
+the saloons are largely responsible. It is the realisation of this that
+has induced many men, by no means ardent abstainers, to advocate
+prohibition, not so much because it prevents intemperance, but because it
+breaks the power of the saloon in politics.</p>
+
+<p>The source of the power of the saloon lies mainly in three things: (1) The
+absorption of respectable citizens in their private concerns, and their
+indifference to politics; (2) the political machines; (3) manhood
+suffrage.</p>
+
+<p>On the first cause but little need be said. In America<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> the race for
+wealth is keener than anywhere else; the almighty dollar is worshipped,
+and most men are in a hurry to make their piles before the end of next
+week. A large proportion of the business men allow themselves time for
+nothing but money making, and those who have leisure regard politics as
+disreputable. In England our best citizens are glad to serve the
+commonwealth at their own cost; in America, a rich and cultured man would
+in many cities be looked upon by his friends as either a crank or a
+boodler if he announced his intention of adopting a political career.</p>
+
+<p>On the subject of manhood suffrage generally and its desirability or
+otherwise, I have no intention of entering in this place. But coming to
+the result of manhood suffrage on American politics, few can doubt that it
+has exercised in some ways a most evil effect. If all the citizens to whom
+the ballot has been given were intelligent and educated, and knew anything
+of the politics of the country which they are helping to rule, then
+suffrage would be robbed of much of its evil effects. But at present the
+peasant who has been picked from the wilds of Connemara, the lazzaroni
+from Naples and Rome, the offscourings of the slums of the cities of
+Central Europe, are able to out-vote in many towns the genuine Americans.
+They are brought under the influence of ambitious and unscrupulous
+political organisers almost as soon as they land at New York, and too
+often their ballot papers are cast solid for the maintenance of fraud,
+falsehood and robbery.</p>
+
+<p><span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span>The results of machine voting, the rule of the &#8220;bosses&#8221; and saloon
+politics can perhaps best be seen in one well-known instance. The city of
+New York, the metropolis of America, has actually been controlled for some
+years, not by its inhabitants, but by an ex-drink seller, Richard Croker,
+and his subordinates. This man was originally a young rough, in due course
+he developed into a saloon keeper, and after a time he resigned his bar
+for the more profitable employment of politician. He now holds no office
+under Government, he has no ostensible means of earning a living; yet he
+is able to maintain a magnificent country mansion and a town palace; he
+owns as fine a team of trotting horses as most men in the State; and he is
+well known to be enormously wealthy. His horses are said to be worth
+seventy-four thousand dollars, and he owns a half interest in a stud farm
+valued at a quarter of a million. When he travels the railway companies
+provide specially luxuriant cars for his special accommodation, and he
+receives such homage and abject worship as exceed the subservience shown
+by the poorest-spirited courtiers to any petty princeling. Over his
+long-distance telephone he controls local politicians and the State
+Legislature, and he can wreck Bills or bring them into law almost as he
+pleases.</p>
+
+<p>The secret of Croker&#8217;s power is the fact that he is the head of Tammany
+Hall, the most powerful political machine in the Union. Under this body,
+New York is mapped out into about eleven hundred electoral<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> districts,
+each containing a few hundred voters, with a &#8220;captain,&#8221; who is usually a
+saloon keeper, over each. It is the duty of the &#8220;captain&#8221; to get as many
+people as possible in his district to join Tammany, and to vote on the
+Tammany ticket; and woe to him if he lets the Hall lose power there! He
+has innumerable methods of attracting voters to himself. Any man who has a
+little local influence is instantly noticed, and has tempting visions of
+place and power held out before him if he will only consent to throw his
+lot in with the party. The Tammanyite who is in trouble with the police
+knows that he can obtain the friendly services of the &#8220;captain&#8221; to speak a
+kind word for him to the justice; and it is wonderful how far these kind
+words go with the politically-appointed justices. The Tammanyite who is
+out of work will naturally look to the &#8220;captain&#8221; to help him to something,
+whether it is a clerkship in the municipal offices, a street-sweepership,
+or a higher and better paid post. The &#8220;captain&#8221; may or may not be paid
+openly for his services; but he receives plenty of either direct or
+indirect emolument. If he is a saloon keeper, numbers of people naturally
+flock about his place, and deal of him. He is a man of weight, to be
+respected as such!</p>
+
+<p>No party organisation like this could be held together without powerful
+motive forces. To some of the Tammany &#8220;captains&#8221; need not be denied purity
+and honesty of aims; but it is to be feared that such are in the<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span>
+minority. Tammany as it is conducted to-day rests on bribery, swindling
+and corruption. Those whom it can buy, and who are worth buying, it buys,
+whether they are senators or street-sweepers; those who are not to be
+bought, it often terrifies into passiveness. If a public-spirited citizen
+shows himself inclined to kick hard against his lawful rulers, and if he
+is a person who can be safely annoyed, then the municipality lets him feel
+the weight of its wrath. It does not use the old-time methods of casting
+him into prison, cutting off his head, or the like; for such crude
+expedients might attract an unpleasant amount of public attention. The
+recalcitrant citizen to-day has the assessment of his property for the
+purpose of taxation increased to perhaps double its former amount; city
+officials suddenly discover that his house transgresses some local
+ordinance, and order him to make costly structural alterations. If he is a
+saloon keeper the power of the &#8220;boss&#8221; over him is almost unlimited, and
+the unlucky wight can be hauled up before the justices almost every week,
+and fined or imprisoned continually. Hence few saloon keepers dare to
+offend. There are a thousand and one ways in which Tammany can punish its
+opponents.</p>
+
+<p>But if Tammany is cruel to its foes, it can be very kind to its friends.
+The happy man who does it service finds money, place, and power waiting
+him. The saloon keeper can defy the Sunday closing law with impunity, and
+the business man has his house assessed very moderately. The young fellow
+of talent who throws his lot in with the<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> party knows that in due course
+(when he has earned his reward) he can be almost certain of a comfortable
+competence in a municipal or Government post. Tammany has no less than
+twenty-seven thousand rewards, in the shape of municipal offices, to
+distribute among its friends.</p>
+
+<p>On first hearing of these things it seems inexplicable to an Englishman
+why the honest people of the American metropolis do not rise up and
+destroy such an institution. The reasons are manifold. It must be
+remembered that even Tammany is not all bad. Among those who blindly
+follow its ticket are many who believe that they show their patriotism by
+doing so. The &#8220;boss&#8221; is backed by a political party; he is a Democrat, and
+many upright Democrats think that this fact alone compels them to throw
+all their influence on the side of the man who carries their party
+colours. Moreover any party of reform has to reckon with the thirty
+thousand votes of the city drink sellers and their men, which are cast
+solid for Tammany so long as it helps them. Without the saloon and its
+help, Tammany would not keep together for twelve months; but with its
+influence on its side, it is no easy task to overcome it. To-day the
+churches are struggling, the newspapers are denouncing, leagues and
+societies are being formed against the common enemy; yet Tammany still
+rules. Last autumn a majority was elected to the State Legislature against
+Croker&#8217;s party, and it was confidently expected that at last its power
+would be curtailed. By the peculiar system of controlling New York city,<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span>
+the State Legislature has considerable power of interfering with its
+affairs. Accordingly, this year measures have been brought forward that
+would have done great damage to Croker&#8217;s friends. But even this session
+sufficient senators have been found willing to break through their solemn
+electoral pledges, to vote against their own party, and to wreck Bill
+after Bill directed against the municipal ring. The Tammany men openly
+proclaim that they can kill every other reform in the same way. No secret
+is made of the reason for the senators&#8217; change of face. It is openly said
+in conversation, and plainly printed in the papers, that they were bribed
+by Croker&#8217;s agents.</p>
+
+<p>It may be asked where Croker and his men get the necessary money from to
+carry on their work. The answer lies in one word&mdash;blackmail! Business men
+are politely requested to contribute to the funds of the Hall, and if they
+refuse they are looked upon as enemies, and treated accordingly. Every man
+who is allowed to break the law, whether he is a saloon keeper who keeps a
+side door open on Sunday, the owner of a gambling hell, or a more
+respectable sinner, is expected to allow a solid cash consideration for
+the privilege. If any one or any corporation wants a favour of the local
+authorities, the only way of obtaining it is to grease the itching palms
+of the aldermen, and to make friends with the politicians. Even those who
+want perfectly legitimate permits granted to them from the city can only
+get what they need by paying heavily for them. &#8220;All the laws good and
+bad,&#8221;<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span> said Mr. Kelly of New York recently, &#8220;are so misexecuted by Tammany
+as to give it a clutch upon business men and especially the liquor
+dealers.... The power of the ring seems to depend upon its power to play
+upon the hopes and fears of our citizens.&#8221;</p>
+
+<p>The result of Tammany rule on New York city has been indescribably bad.
+Notorious law-breakers have been appointed to the most responsible posts,
+either because they had done some service to Tammany, or because they were
+willing to pay the highest price for the appointments. Justices have been
+put in office, not because of their learning or integrity, but because
+they are willing to twist the laws to suit Tammany. Even the electoral
+returns have been fraudulently altered to place the nominees of the Hall
+in office.</p>
+
+<p>It is impossible in one short chapter to give any elaborate details of the
+extent to which corruption prevails in American cities; but enough has
+been said to show that the conditions under which temperance reformers
+have to work there are very different to those that prevail at home. The
+difficulties are greater, the means for enforcement are less effective,
+and the powers of lawlessness are more potent.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span></p>
+<h2><a name="CHAPTER_III" id="CHAPTER_III"></a>CHAPTER III.</h2>
+<h3>FORTY YEARS OF PROHIBITION.</h3>
+
+<p>From the time of the earliest English settlers in America the drink
+traffic has been looked upon as a business requiring special regulation.
+The influence of Puritan immigrants in the middle of the seventeenth
+century led to the framing of many severe liquor laws. Ludlow&#8217;s
+Connecticut Code in 1650 dealt with the subject on the basis that &#8220;while
+there is a need for houses of common entertainment ... yet because there
+are so many abuses of that lawful liberty ... there is also need of strict
+laws to regulate such an employment&#8221;; and it was enacted &#8220;that no drink
+seller should suffer any person to consume more than half a pint at a
+time, or to tipple more than half an hour at a stretch, or after nine
+o&#8217;clock at night&#8221;. The first American prohibitory law was passed by the
+English Parliament in 1735, when &#8220;the importation of rum or brandies&#8221; in
+Georgia was forbidden. This was done at the instance of James Oglethorpe,
+then head of the colony, who declared that the excessive sickness there
+was solely due to the over-consumption of rum punch.</p>
+
+<p>While Oglethorpe remained at Savannah the law was strictly enforced, and
+all spirits found were destroyed;<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> but after he left it was allowed to
+fall into abeyance, and in 1742 it was formally repealed by Parliament.</p>
+
+<p>The modern legislative movement took its rise between 1830 and 1840, when
+the whole of New England was convulsed by an uncompromising campaign
+against intemperance. Almost the entire community seemed for a time
+carried away by the crusade against intoxicants. In nearly every place
+powerful temperance societies were formed; many gin merchants closed their
+distilleries, and saloon keepers put up their shutters and bade the people
+come and spill the contents of their rum barrels down the gutters. At
+first, teetotalers relied solely on moral suasion; but soon the more
+advanced section in Massachusetts and Maine demanded that the law should
+aid them by putting a stop to the legalised sale of drink. As early as
+1837 a committee of the Maine Legislature on licensing laws reported that
+&#8220;the traffic (in strong drink) is attended with the most appalling evils
+to the community.... It is an unmitigated evil.... Your committee are not
+only of opinion that the law giving the right to sell ardent spirits
+should be repealed, but that a law should be passed to <i>prohibit</i> the
+traffic in them, except so far as the arts or the practice of medicine may
+be concerned.&#8221; At that time the traffic in intoxicants in Maine was
+considerable; but the saloon keepers were without any efficient
+organisation, and consequently could not offer any united opposition to
+the new movement. There were seven distilleries, and between three and
+four hundred rum shops in Portland alone. <span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span>According to the Hon. Woodbury
+Davis, ex-Judge of the Supreme Court of the United States, &#8220;nearly every
+tavern in country and in city had its bar; at almost every village and
+&#8216;corner&#8217; was a grog shop, and in most places of that kind more than
+one.... Men helplessly drunk in the streets and by the wayside was a
+common sight; and at elections and other public gatherings there were
+scenes of debauchery and riot enough to make one ashamed of his race.&#8221;</p>
+
+<p>It is often stated that before the passing of prohibitory legislation
+Maine was one of the poorest and most deeply indebted States in the Union.
+This is true, but it is not the whole truth. Maine had not long been
+separated from Massachusetts, and its Legislature, maybe partly
+intoxicated by its newly acquired powers, ventured on some expensive
+undertakings. A few costly public buildings were erected, and a premium of
+eight cents a bushel was offered to farmers on all wheat or corn over
+fifty bushels that they raised in a year. The consequence was that the
+heavy taxes proved altogether insufficient to meet the expenditure, and by
+early in the forties a State debt had been incurred, equal to three
+dollars a head of the population. Money was very scarce, and both the
+local government and private individuals were glad to borrow wherever they
+could. But in spite of the scarcity of money, Maine was not generally
+regarded as poor. It took the first place in the Union as a shipbuilding
+State, and the second in the coasting and fishery trades. &#8220;The prosperity
+of Maine,&#8221; wrote a skilled financial observer in 1847, &#8220;was never<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span> greater
+than at this moment.... She will become one of the first States of the
+Union.&#8221; Ten years earlier, in his Annual Address to the Legislature, the
+Governor said: &#8220;It affords me great pleasure on this occasion to be able
+to speak of the prosperous condition of the State.... The State, as well
+as our citizens individually, are rich in lands, in timber, in granite and
+lime quarries, in water power for manufacturing purposes, and, to an equal
+extent at least, with any other State in the Union, in all the essentials
+of profitable industry except monied capital.&#8221;</p>
+
+<p>Neal Dow, the son of a rich Quaker farmer, travelled from village to
+village in Maine, urging the people to rise up against the legalised sale
+of the drink; and, largely in consequence of his agitation, a tentative
+Prohibition Act was passed in 1846. The first Act was a complete failure;
+it only dealt with ardent spirits, and did not provide adequate means for
+suppressing the traffic in them. Five years later, Mr. Dow, then Mayor of
+Portland, framed a more comprehensive measure, and had it rushed through
+the State Legislature in a couple of days. When the people understood what
+the new Bill meant, its provisions excited a great deal of opposition.
+Rioting took place in several towns, and was only put down by calling out
+the militia. In one of these riots a lad was killed, and this so
+strengthened the pro-liquor party that in 1857 the Act was repealed; but
+it was re-carried the following year, and it has ever since been in force.
+A final step was taken in 1884, when an amendment to the Constitution was
+submitted to direct popular vote, providing that the sale<span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> of liquors be
+for ever prohibited. Seventy thousand electors voted for it and only
+23,000 against, so the alteration was made. The consequence of this is
+that the sale of drink can now only become legalised in Maine by
+two-thirds of the electors voting directly for it.</p>
+
+<p>For many years the one aim of the temperance party has been to make the
+prohibition law as effective as possible, and to secure its enforcement
+throughout the State. Wherever any clause in it has been found unworkable
+it has been quickly altered, and every possible legal device has been used
+to ensure the destruction of the drink traffic. The manufacture, sale, or
+keeping for sale of intoxicating liquors as a beverage is absolutely
+prohibited. Any person illegally selling, attempting to sell or assisting
+to sell is liable, on a first conviction, to a fine of fifty dollars, and
+imprisonment for thirty days, and to increasing penalties for subsequent
+convictions, the maximum imprisonment being two years. It is considered
+sufficient to convict if a person pays the United States internal revenue
+liquor tax, issues a notice offering to sell, or delivers to another any
+liquor. Liberal powers of search are given to the authorities, and all
+liquor found by them is destroyed by spilling on the ground. Municipal
+officers are compelled to take action on having their attention drawn to
+any cases of supposed law breaking; and thirty taxpayers in any county
+can, on petition, obtain the appointment of special constables to secure
+the better enforcement of the law. The necessary sale of spirits for
+medical, mechanical and manufacturing <span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span>purposes is made by specially
+nominated agents, who are supposed to obtain no profit by such sales, but
+to be paid a reasonable remuneration by the municipalities appointing
+them.</p>
+
+<p>In considering the working of this law, it must be remembered that Maine
+presents almost as favourable a situation as could be asked in order to
+give prohibition a fair trial. It is isolated, and has no towns of any
+size. Its citizens are mostly native born Americans, farmers and
+fishermen, innately religious and law-abiding. The foreign element, which
+presents so disturbing a factor in many parts, is almost a negligable
+quantity here. In 1850 there was a population of 583,169, of whom only
+31,825 were foreigners. Nearly three-quarters of the people were engaged
+in agriculture, about one-tenth were mariners, and another tenth found
+employment in connection with the trade in timber. Apart from saw-mills,
+all the factories together did not employ above two or three thousand men.
+Since then factories have greatly increased, and a number of French
+Canadians and Irish have settled in the State. But Maine is still
+principally an agricultural district, and its largest city to-day contains
+less than forty thousand people.</p>
+
+<p>After a trial of forty years, has prohibition proved a success or a
+failure in Maine? The answer to this question entirely depends on the
+point of view from which one looks at the subject. In so far as it has not
+entirely destroyed the drink traffic, prohibition is<span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span> not a success; but
+it has succeeded in diminishing crime, pauperism and drunkenness, and in
+greatly in-creasing the wealth of the people. In 1857, a few years after
+the law came into force, there were only eleven savings banks in the
+State, with 5000 depositors, and a total of deposits and accrued profits
+of about a million dollars. In 1882 there were fifty-five savings banks,
+with 90,000 depositors; and the Hon. J. G. Blaine estimated the aggregate
+deposits and accrued profits at 30,000,000 dollars or more.</p>
+
+<p>Pauperism has shown a steady decrease. From 1860 to 1870, in spite of an
+increase in most of the neighbouring States, the number of recipients of
+official charity was diminished by 21&middot;4 per cent.; from 1870 to 1880,
+there was a further diminution of 11&middot;6 per cent.; and from 1880 to 1890,
+notwithstanding the fact that the increase for the whole of the States was
+10 per cent., there was still further reduction in Maine of over 20 per
+cent. In 1890 the number of paupers was 1161, or only about one-sixth per
+cent, of the population. The significance of these figures is increased
+when it is remembered that Maine is an old settled State, and in such the
+number of pensioners of public charity is usually far greater than in
+newly opened up districts. Insanity, on the other hand, has spread during
+the last thirty years by leaps and bounds. From 1860 to 1870 the number of
+insane in the State increased by 12&middot;5 per cent.; from 1870 to 1880, the
+increase was 94&middot;7 per cent.; and although the complete figures for the
+last<span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span> decade are not yet published, there is every reason to believe that
+they will be no more favourable. At first this seems to show that there
+must be some mysterious connection between teetotalism and madness; but
+further investigation reveals the fact that this increase has not been
+confined to Maine alone. In seven other North Atlantic States, where
+liquor selling is permitted, the increase has been far greater: during the
+first period it was 48&middot;8 per cent., and during the latter 138&middot;4 per cent.
+The voluminous statistics on divorce supplied by the Government Bureau on
+Labour<small><a name="f1.1" id="f1.1" href="#f1">[1]</a></small> do not tell conclusively either one way or another as to the
+influence of the law on married life; for divorce laws differ so greatly
+in various States as to make comparisons practically valueless. In Maine
+there are abundant facilities for undoing the marriage tie; consequently,
+the number of divorces granted is decidedly over the average for the whole
+of the country: though in some States, where divorce is even easier than
+in Maine, such as Illinois, the proportion is far greater than there.</p>
+
+<p>Crime is steadily on the decrease, and the average number of criminals in
+Maine is lower than in any other State in the Union. The number of
+convicts in the State Prison is now less than in any time for twenty-seven
+years; in 1890 there were 65 convicts; in 1891, 50; in 1892, 34. The total
+number of commitments to the county<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> gaols for all crimes (including
+offences against the drink laws) is also on the decrease, as is shown by
+the fact that in 1890 there were 3780; in 1891, 3665; and in 1892, 3515
+commitments.</p>
+
+<p>The official returns of the value of property cannot be altogether relied
+upon; for it is a notorious fact that real estate is systematically
+under-estimated for the purpose of taxation. But while giving no accurate
+idea of the value of the holdings in the State, they do show that the
+material prosperity of Maine has greatly increased. In 1857 the valuation
+of property was about a hundred million dollars; according to the annual
+report of the State Board of Assessors for 1893 the valuation was
+270,812,782 dollars. The Census Department estimated the true valuation of
+real estate in Maine in 1890 at 254,069,559 dollars.</p>
+
+<p>It is admitted on all sides that the prohibition law has not succeeded in
+entirely extirpating drinking, and liquor can still be obtained in most of
+the larger cities by those who seek for it. But the open bar has been
+almost everywhere swept away; and those who wish for liquor have either to
+order their supplies from other States or else go to work secretly to
+obtain them. The prohibitionists claim rightly that they have put the
+traffic outside the sanction of the law, and have made it &#8220;a sneaking
+fugitive, like counterfeiting&mdash;not dead, but disgraced, and so shorn of
+power&#8221;. The returns of the Department of Internal Revenue show that there
+are still a considerable number of drink sellers in<span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span> Maine. In 1890 there
+were 868 retail dealers in liquors of all kinds, and 73 retail dealers in
+malt liquors. During the fiscal year ending 30th June, 1892, there were
+808 retail and 7 wholesale liquor dealers, and 214 retail and 5 wholesale
+dealers in malt liquors. There were no brewers or rectifiers. It must be
+remembered that every person licensed under the Maine law to sell drink
+for &#8220;medicinal, manufacturing, or mechanical purposes&#8221; is reckoned in the
+Government returns as a liquor dealer; and that the individual who at any
+time sells a single glass of rum is at once made to pay the tax by the
+revenue officials, and tabulated by them as a licensed liquor dealer for
+that year. So although there are nominally 808 retail dealers, it would be
+a mistake to suppose that there are 808 saloons doing business in Maine.
+Considerably over half the total criminal convictions are connected with
+breaches of Prohibition Acts. The number of committals for liquor selling
+and drunkenness in 1890 was 2300; in 1891, 1468; and in 1892, 1714.<small><a name="f2.1" id="f2.1" href="#f2">[2]</a></small> The
+divorce statistics also show that drunkenness has not been entirely
+suppressed; for in the twenty years ending in 1886, 432 divorces were
+granted for habitual intoxication, either alone or coupled with neglect to
+provide.</p>
+
+<p><span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span>Yet, there has undoubtedly been an immense reduction in the consumption of
+drink. One who should be a most excellent authority on the question, the
+Revenue Superintendent of a portion of the North Atlantic States, said
+early in 1872: &#8220;I have become thoroughly acquainted with the state and the
+extent of liquor traffic in Maine, and I have no hesitation in saying that
+the beer trade is not more than one per cent. of what I remember it to
+have been, and the trade in distilled liquors is not more than ten per
+cent. of what it was formerly&#8221;. The latest available revenue returns show
+that the drink trade has been further reduced to about one-eighth of what
+it was at the time this was said. The same revenue returns give the most
+conclusive proof possible of the great reductions in the traffic. In 1866,
+when prohibition was only very partly enforced, Maine paid 2,822,000
+dollars in internal revenue, chiefly on drink and tobacco; in 1887 the
+amount paid was only 50,000 dollars, or less than two per cent. of its
+former amount.<small><a name="f3.1" id="f3.1" href="#f3">[3]</a></small></p>
+
+<p>The drinking that now goes on may be divided into three classes,&mdash;(1) open
+violations of the law, (2) secret drinking, and (3) obtaining liquor from
+the authorised city agencies. The open violations prevail now to a very
+slight extent; but for a long time three or four cities, especially
+Portland, Lewiston and Bangor, practically set<span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span> the law at defiance. The
+authorities let it be understood that they would not take action, and
+juries refused to convict even on the clearest evidence. This was partly
+due to personal feeling, partly to political considerations, and chiefly
+to the fact that the rum sellers were strong enough to turn out of office
+either Republicans or Democrats, did they attempt to proceed against them.</p>
+
+<p>Most of the drinking that goes on is done either secretly or through the
+licensed vendors. Of the secret drinking it is not necessary to say much;
+for it no more proves the uselessness of prohibition than the existence of
+illicit stills in Scotland and Ireland proves the impracticableness of our
+licensing system.</p>
+
+<p>The selling by the city agencies is a far more serious matter. These
+places are supposed only to sell drink for the purposes allowed by law;
+but, as a matter of fact, they are often little better than saloons
+licensed to supply spirits to be consumed off the premises. People who are
+well known to require liquor solely as a beverage can obtain it with ease
+on simply stating that they want it as medicine or for trade purposes.
+Judging from the amount of whisky sold as medicine in Portland, a
+considerable proportion of the inhabitants of that place must be chronic
+invalids.</p>
+
+<p>Yet in spite of its failings, the people of Maine regard their law as a
+success, and mean to maintain it. As a correspondent, himself a State
+official, and in a good position to gauge public opinion on the question,
+recently wrote to me: &#8220;In the discharge of my official duties I<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span>
+frequently visit all the cities of Maine, and in no parts of the country
+do I see fewer cases of intoxication than in Maine cities and towns. In
+our country towns a rum shop or a drunken man can rarely be found, where
+formerly liquors were sold at every store. Our people are prosperous, and
+an overwhelming majority of them are perfectly satisfied with our Maine
+liquor laws.&#8221;</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span></p>
+<h2><a name="CHAPTER_IV" id="CHAPTER_IV"></a>CHAPTER IV.</h2>
+<h3>PROHIBITION IN KANSAS.</h3>
+
+<p>All things considered, Kansas is one of the most successful instances of
+State prohibition in the Union. The conditions of life there are very
+different to those that prevail in Maine, and the liquor law has had to be
+enforced under many disadvantageous conditions. Kansas is a Western State,
+nearly half as large again as England and Wales, and with a population of
+less than a million and a half. Like many other parts of the far West, it
+was for some time the refuge of disorderly elements of Europe and the
+Eastern States; and even now there is a very considerable &#8220;cowboy&#8221; class
+which makes the carrying out of restrictive legislation extra difficult.
+None of its cities contain over forty thousand people, and the number of
+foreigners in the State (excepting English families) is comparatively
+small. It has a large boundary line, and is bordered on three sides by
+States in which the drink traffic is legalised.</p>
+
+<p>In 1880 a prohibitory amendment to the Constitution was proposed and
+carried by a very small majority; and the following year saw the passage
+through the Legislature of a measure to give enforcement to the amendment.
+This was only done after a very fierce fight, and for a time<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> the
+opposition was so strong that it was found practically impossible to give
+effect to the law in many parts. In 1882 the friends of prohibition were
+heavily defeated in the State elections, and it seemed as though the Act
+would certainly be repealed. But there came a reaction in favour of
+temperance; and in place of repeal, the original statutes were in 1885
+considerably strengthened. Since then public feeling has been growing
+stronger yearly in favour of the perpetual ostracism of the liquor
+traffic.</p>
+
+<p>According to the law as it at present stands, the penalty for keeping a
+saloon is a fine of from one hundred to three hundred dollars and
+imprisonment from thirty to ninety days. If the person who obtains the
+liquor is intoxicated by it, then the seller will be held responsible for
+any harm he may do while in that state; and his wife, child, parent,
+guardian or employer may bring an action against the seller for injury
+done to them through being deprived of means of support, etc., and obtain
+exemplary damages.</p>
+
+<p>The chief difference between the Kansas law and that of Maine is that the
+sale of drink for purposes other than tippling is made through licensed
+druggists, instead of through city agencies. The regulations to prevent
+the druggists from selling drink for other than medical, manufacturing and
+mechanical purposes are very strict. No druggist can trade in alcohol
+without a permit; and he can then supply only on an affidavit of the
+customer, declaring the kind and quantity of liquor required, the purpose
+for which it is wanted, that it is not intended to be used as a beverage,
+and that the purchaser is over<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span> twenty-one years old. Any person making a
+false affidavit for liquor is counted guilty of perjury, and is liable to
+imprisonment from six months to two years.</p>
+
+<p>The affidavits have to be made on properly printed and numbered forms,
+supplied by the county clerk, and have to be sent in once a month by the
+druggist to the probate judge, with a sworn declaration that such liquor
+as stated has been supplied in due accordance with the law. The druggist
+has also to keep a daily record, in a book open for inspection, of all
+drink sold. For breaking these regulations he is liable to a fine of from
+100 to 500 dollars, and imprisonment from thirty to ninety days, besides
+losing his permit. There are still further checks and affidavits required,
+in the hope of making drug store tippling impossible. But these have by no
+means succeeded in their purpose. They have led to a considerable amount
+of perjury; and both druggists and customers have developed such elastic
+consciences that most of them will now swear affidavits to any extent
+required.</p>
+
+<p>In Kansas the prohibition question has been made a partisan one. The
+amendment was carried irrespective of politics; but when the Legislature
+had to frame the laws the Republicans declared themselves strongly in
+favour of active enforcement; and, after the usual manner of politicians,
+the Democrats took up the other side. Up to a few months ago, to use the
+local parlance, &#8220;in the platform of the Republican party there was always
+a stout prohibition plank,&#8221; and the party never met without<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> making a
+declaration in favour of thorough enforcement. Every Republican was a
+defender of the law; and it was repeatedly said that much of the drinking
+in cities was mainly due to the wilful slackness of the Democrats who had
+control of them. But at the last State election there came a change. The
+Republicans have for some time been supreme in the State, but recently
+there has arisen a new party, the Populists, which has attracted great
+numbers of the farmers from the older political bodies. In Kansas the
+Populist movement is specially strong, and in the last election, by a
+combination of Populists and Democrats, a Populist Governor was elected,
+and the Republicans driven from office. The present Populist majority,
+while not so pronounced on prohibition as were the Republicans, still
+expresses its firm intention of maintaining the law. The Republicans now,
+somewhat disheartened by their defeat, are inclined to hedge on the
+question. Their leaders declare that they will no longer bring forward a
+resolution in favour of enforcement at their conventions, but will instead
+state in their programme that &#8220;the Republican party is, as it always has
+been, the party of law, and in favour of enforcing all laws on the statute
+book&#8221;. They say they will do this because it is now wholly unnecessary to
+specially declare in favour of one law more than another; but there is no
+doubt that the real reason is the hope of being able to draw to their side
+a number of hesitating pro-liquor voters, and so win back their old
+position. One of the leading Republicans of the State, the Hon. John R.
+Burton,<span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span> frankly explained the state of affairs when he said: &#8220;It is high
+time the Republican party of Kansas quits its foolishness, and if it
+expects to succeed it must go before the people on strictly political
+issues. It is time to quit riding a hobby, and next year we must make up
+our platform without any relation to the isms.&#8221;</p>
+
+<p>But while the party leaders, sore after their defeat at the polls, may
+talk like this, there is very little likelihood of their proposing or
+supporting any retrograde movement; for to do so would be to court certain
+disaster at the elections. The great body of the people are
+enthusiastically in favour of the law, and even many of those who grumble
+at it would join together to prevent the re-enactment of licence in the
+State. Religious and temperance organisations abound, and are active in
+compelling the officials to resolutely enforce the law.</p>
+
+<p>Prohibition is now fairly carried out in the whole of the State, with the
+exception of Wichita, Leavenworth, Atchison, Kansas City, and Fort Scott.
+In these places the law is almost a dead letter, and drink can easily be
+obtained, though the saloons do not openly advertise their business. Yet,
+even after allowing for them, it cannot be denied that the law has led to
+a very considerable diminution in the consumption of liquor, and, with it,
+a decrease in the rowdyism which was once rampant. The number of persons
+paying the Inland Revenue tax has, it is true, increased within the last
+few years, but this is no test of the amount of the intoxicants used. The
+returns, prepared by the United States brewers <span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span>themselves for trade
+purposes, of the number of barrels of beer consumed within the State in
+six recent years are as follows:&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>1887</td><td><span class="spacer">&nbsp;</span></td><td align="right">16,488</td></tr>
+<tr><td>1888</td><td>&nbsp;</td><td align="right">15,285</td></tr>
+<tr><td>1889</td><td>&nbsp;</td><td align="right">9,700</td></tr>
+<tr><td>1890</td><td>&nbsp;</td><td align="right">2,700</td></tr>
+<tr><td>1891</td><td>&nbsp;</td><td align="right">2,050</td></tr>
+<tr><td>1892</td><td>&nbsp;</td><td align="right">1,643</td></tr></table>
+
+<p>The amount derived by the central Government from Inland Revenue taxes has
+also shown a considerable decrease, though not nearly so great as the
+above.</p>
+
+<p>Innumerable statistics have been brought forward by those favourable to
+the law, to prove that it has had a most beneficial effect on the social
+and moral condition of the people. But it is an open question how far the
+small amount of poverty in the State and the reduction of crime are due to
+prohibition. I have no wish to minimise the actual good accomplished by
+the law, but it can serve no useful end to claim for it benefits that are
+produced by other causes. Kansas is a new settlement, and its surroundings
+and circumstances are such that we might naturally expect its people to be
+comparatively free from poverty and its allied evils. The problems that
+menace the older civilisation of the East, over-crowding, starvation
+wages, and lack of employment, are hardly felt there, and it is not fair
+to claim as the outcome of one law the results that are due to many
+causes. The greatest benefits of prohibition in Kansas are of another
+kind,<span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span> impossible to show by arrays of figures, but none the less real for
+that. The rising generation is free from those temptations which wreck so
+many of our own youth. The man who is a wilful drunkard can, no doubt,
+find out where to obtain liquor; but he who is weak rather than wicked
+does not have alcohol flaunted in his face wherever he goes. A strong
+public sentiment against excess is created; and those who are doing battle
+with the liquor traffic naturally find themselves opposed to the allied
+evils of gambling and impurity. Hence, in the greater part of Kansas, the
+social evil is kept under, gambling dens are unknown, and the whisky ring
+is banished from politics.</p>
+
+<p>One charge has repeatedly been brought against the law in this State&mdash;that
+it has checked the inflow of population. &#8220;The hour that ushered in
+prohibition,&#8221; said the Hon. David Overmyer, Democratic candidate for the
+Governorship, in a speech at Salina last December, &#8220;closed our gates to
+the hardy immigrant, the home-seeker, the strong and sturdy class that
+develops a country.... It has driven law-abiding and enterprising citizens
+from the State.&#8221; Statistics certainly show a decrease in the population
+within the last few years. There was a great inflow of immigrants from
+1870 to 1880, and from 1880 to 1888 there was a further increase of the
+population of from less than a million to over a million and a half. But
+from 1888 to 1890 there was a decrease of about ninety thousand, thus
+reducing the increase in the ten years to about 43<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> per cent. Since 1890
+the number of inhabitants has probably been stationary. The decrease in
+recent years, however, has been due, not to any State law, but principally
+to the fact that great tracts of Indian territory immediately below Kansas
+have been opened up to white men, and there has been a rush to them. When
+the reduction is allowed for, Kansas showed a greater increase in
+population from 1880 to 1890 than many of the principal Western States in
+which drinking is licensed.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span></p>
+<h2><a name="CHAPTER_V" id="CHAPTER_V"></a>CHAPTER V.</h2>
+<h3>THE LAW THAT FAILED.</h3>
+
+<p>The commonplace truth that, under representative Government, restrictive
+legislation can only succeed so far as it is backed up by the hearty
+support of the great majority of the people, has recently received a
+striking illustration in Iowa. Twelve years ago the people of this State
+voted, by a majority of 29,759 out of 280,000 votes, in favour of an
+amendment to the Constitution making the sale of intoxicants for ever
+illegal. Owing to some flaw in the method of taking the vote, the
+amendment was subsequently declared by the courts invalid; but in 1884 the
+State Legislature carried, and for a long time the authorities in most
+parts have tried to enforce, what is probably the most drastic measure of
+prohibition known. Everything possible has been done to make the
+conviction of liquor sellers sure; the law has been so drawn, even in the
+opinion of many in favour of restriction, as almost to refuse those
+suspected of trafficking in drink a fair trial; imprisonment, hard labour
+and disgrace have followed conviction; yet the one result of it all has
+been&mdash;failure!</p>
+
+<p>Iowa is a thinly populated, somewhat newly settled State, almost in the
+centre of the Union, with about<span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span> 2,000,000 inhabitants, of whom one-sixth
+are foreigners, chiefly Germans. It must be remembered, in attempting to
+form any true estimate of the causes of the failure of the law, that Iowa
+suffers from the usual weaknesses of youth, whether youth of nations or of
+individuals,&mdash;venturesomeness and fickleness. Its people are excitable,
+inclined to experimentalise, and apt to rush to extremes. The spirit of
+respect for the law because it is law, so universal in England, is very
+little known there. If the law suits the people of a city or a county they
+will observe it; if not, then so much the worse for the law! In one town
+the inhabitants will be endowed with remarkable virtue: boys caught
+smoking will be liable to have the stick of the policeman across their
+backs; the sale of cigarettes, even to adults, will be forbidden; ballet
+dancers, if permitted at all, will be ordered to wear long skirts; saloons
+will be unknown; men as well as women found in houses of ill-fame will be
+summarily arrested and punished; and, in short, the municipality will
+devise sumptuary laws about almost everything belonging to the public and
+private life of the people. In the next town, possibly only a few miles
+off, the other extreme will prevail: gambling dens and saloons, although
+both illegal by the laws of the State, will be allowed to carry on their
+business unmolested by the police, on the payment of regular monthly
+fines; there will be a quarter of legalised ill-fame, as in any Japanese
+city, and public women will be inspected and certificated as in Paris. The
+people of Iowa have not yet definitely<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> made up their minds whether they
+shall make their State (by order of the Legislature and with the approval
+of the Governor) into a Paradise on earth, or whether they shall permit
+one another to go to the bad, and shall make the road that way as smooth
+as possible. Meanwhile they are experimenting both ways; and in course of
+time, when the disorderly elements have been controlled, and the
+effervescent stage of State life is passed, Iowa will probably settle down
+to a great and glorious future.</p>
+
+<p>The prohibitory law here, as enacted in 1884 and revised in the following
+years, bears in its general regulations forbidding the sale of intoxicants
+as a beverage a family resemblance to those of Maine and Kansas already
+described. Necessary sales for medicinal purposes are made through duly
+licensed chemists; but a chemist is not allowed to sell to any one unless
+the applicant is known personally to him, or bears a letter of
+recommendation from some reliable person of his acquaintance. The would-be
+purchaser has to fill up the following form:&mdash;</p>
+
+<p>&#8220;I hereby make request for the purchase of the following intoxicating
+liquors (quantity and kind). My true name is ... I am not a minor, and I
+reside in ... Township, in the County of ... State of ... The actual
+purpose for which this request is made is to obtain the liquor for
+(myself, wife, child, or name of the person it is intended for) for
+medicinal use, and neither myself nor the said (wife, child, etc.)
+habitually uses intoxicating liquors as a beverage.&#8221;</p>
+
+<p><span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span>If the applicant is not known to the chemist, the following form has to be
+filled in by some other person:&mdash;</p>
+
+<p>&#8220;I hereby certify that I am acquainted with ... the applicant for the
+purchase of the foregoing described liquors, and that said ... is not a
+minor, and is not in the habit of using intoxicating liquors as beverage,
+and is worthy of credit as to the truthfulness of statements in the
+foregoing request, and my residence is ...&#8221;</p>
+
+<p>At the end of each two months the chemist has to send in to the county
+auditor all application forms received by him, with a sworn statement
+attached, &#8220;that no liquors have been sold or dispensed under colour of my
+permit during said months, except as shown by the requests herewith
+returned, and that I have faithfully complied with the conditions of my
+oath&#8221;.</p>
+
+<p>The penalties for selling liquor without a permit, or for keeping for the
+purpose of unlawful sale, are, for the first offence, 50 dollars to 100
+dollars fine; for subsequent convictions, 300 dollars to 500 dollars fine,
+and imprisonment for not more than six months. But there is a more severe
+method of proceeding against offenders. An injunction may be obtained for
+the closing of any premises where liquors are unlawfully sold, on the plea
+of their being a nuisance. If they are again opened after this, the
+offender is liable to a fine of up to 1000 dollars, and imprisonment for
+six months or a year. Courts and juries are required to so construe the
+law as to prevent any evasion, and even the general repute of<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> a house may
+be brought as evidence against it. When the injunction method is used,
+there is no trial by jury, and thus a conviction can be secured in
+localities where public opinion is most opposed to the law.</p>
+
+<p>Police officers are bound to inform on offenders, under pain of loss of
+office and heavy fines. Drunken persons are liable to a month&#8217;s
+imprisonment, unless they give information as to who supplied them with
+liquor; any one who buys liquor unlawfully can compel the seller to return
+him the money paid for it; and when a person gets drunk the seller can not
+only be compelled to pay all costs incurred by any one in attending to his
+customer, but is also liable to an action for civil damages from any
+relative or connection of the drunken man who is injured in person,
+property or means of support by such intoxication. It will be noticed that
+the law directs its penalties against the seller rather than the
+purchaser.</p>
+
+<p>The Act was carried by a Republican majority, and has been fiercely
+opposed by the Democrats. At first the new provisions were observed in
+about eighty-five out of ninety-nine counties in the State, the parts
+refusing obedience being mostly those along the banks of the Mississippi
+and most thickly populated. In these latter it was found impossible, in
+spite of the strictest provisions, to secure even an outward show of
+observance. Rum-sellers, police, justices, and the newspapers all combined
+to ignore the law. Temperance men sought to secure convictions, but in
+vain. When there seemed any likelihood of a specially active reformer
+making trouble, the<span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span> saloon element did not hesitate to use force to put
+him down. The most notable case of this was that of Dr. G. C. Haddock, a
+warm prohibitionist, who lived at Sioux City, where the law was ignored.
+He spoke and wrote, started prosecutions, and used every means in his
+power against the drink interest. One night, as he was returning home, he
+was surrounded in the open street by a crowd of roughs, and one man
+deliberately shot him in the face, killing him immediately. A prominent
+liquor man was arrested for the offence, and it is said that the evidence
+against him was overwhelming. Nevertheless, the local authorities delayed
+bringing him to trial for as long as possible, and then he was acquitted.
+It was openly alleged that the jury had been specially selected to secure
+this result, and had been heavily bribed.</p>
+
+<p>Yet, in spite of these serious drawbacks, the law at first had some
+measure of success. Governor Larrabee, in retiring from office in 1890,
+referred at some length to the results obtained from it, in his message to
+the Legislature. Though his words cannot be said to be free from
+prejudice, they yet must carry weight as being the official verdict of the
+leading officer of the State. &#8220;The benefits which have resulted,&#8221; he
+declared, &#8220;from the enforcement of this law are far-reaching indeed. It is
+a well-recognised fact that crime is on the increase in the United States,
+but Iowa does not contribute to that increase. While the number of
+convicts in the country at large rose from 1 in every 3442 of population
+in 1850 to 1 in every 860 in 1880, the ratio in Iowa at<span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span> present is only 1
+in every 3130. The gaols of many counties are now empty during a good
+portion of the year, and the number of convicts in our penitentiaries has
+been reduced from 750 in March, 1886, to 604 on 1st July, 1889. It is the
+testimony of the judges of our courts that criminal business has been
+reduced from 30 to 75 per cent., and that criminal expenses have
+diminished in like proportion.</p>
+
+<p>&#8220;There is a remarkable decrease in the business and fees of sheriffs and
+criminal lawyers, as well as in the number of requisitions and extradition
+warrants issued. We have less paupers and less tramps in the State in
+proportion to our population than ever before. Breweries have been
+converted into oatmeal mills and canning factories, and are operated as
+such by their owners.... The poorer classes have better fare, better
+clothing, better schooling, and better houses.... It is safe to say that
+not one-tenth, and probably not one-twentieth, as much liquor is consumed
+in the State now as was five years ago.&#8221;</p>
+
+<p>But even while Governor Larrabee wrote these words the knell of the new
+movement had been already sounded, and from 1890 the cause he advocated
+has been steadily losing ground in the State. His successor, Governor
+Boies, was notoriously opposed to prohibition, and threw the whole weight
+of his authority against efficient enforcement. He declared the
+suppression of the drink traffic to be an impossibility, and that to
+attempt it is &#8220;a cruel violation of one of the most valued<span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span> of human
+rights&#8221;. As though to make his own assertions come true, he pardoned by
+the wholesale persons convicted of unlawful selling. The result was what
+might be expected. In all communities where the authorities had been not
+over-warm about enforcement they now became slack, and everywhere the
+police said that it was useless to secure convictions merely for the
+Governor to make out pardons. In more than one town and county where the
+trade had long been kept under, it now again made its appearance, and soon
+the last state of Iowa was worse than the first. Most of the teetotalers
+seemed to lose heart and do nothing; while for the few who were active the
+dynamiter&#8217;s bomb, the incendiary&#8217;s torch and the murderer&#8217;s revolver were
+ready to silence them into submission.</p>
+
+<p>But all the blame must not be laid on Governor Boies. He could not have
+assumed the attitude he did had he not been supported by a large
+proportion of the people. His conduct was approved by the State in
+general, as may be seen by the fact that in 1891 he was re-elected for the
+Governorship by a majority twice as large as that he had previously
+secured. Iowa had tired of its anti-liquor crusade.</p>
+
+<p>The condition of affairs in many parts in 1893 was a disgrace to the whole
+State. At Council Bluffs, a town of slightly over 20,000 inhabitants, no
+attempt was made to secure enforcement, and about seventy saloons were
+wide open. The city had made regulations of its own to deal with this and
+similar evils. Drink shops were allowed to<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> do business undisturbed on
+paying the City Treasury 52 dollars 10 cents a month; gambling hells were
+required to pay 100 dollars a month; houses of ill-fame 12 dollars 10
+cents a month, and the inmates of such places 8 dollars 10 cents each.</p>
+
+<p>In Carroll, a town of 3000 inhabitants, a similar plan was adopted, and
+seventeen saloons and four wholesale dealers were allowed to go free on
+paying 20 dollars each monthly, as a town licence. In the whole of Carroll
+county the law was ignored. At Des Moines, with a population of 50,000,
+the amount of drunkenness had been rapidly increasing ever since Boies
+took office. In 1890, out of 2441 total arrests, 940 were for drunkenness;
+in 1891, out of 2921 the number of drink cases was 1015; in 1892, 1113 out
+of a total of 3345 were for drunkenness. In Davenport, with 3000
+inhabitants, largely Germans, there were beer gardens and saloons running
+open week days and Sundays, as free from concealment as though they were
+in the Fatherland. The houses of ill-fame have been licensed here,
+confined to a certain quarter of the city, and their inmates inspected
+weekly and given certificates of health. The keepers of such houses are
+made to pay monthly fees of 25 dollars, and the inmates 10 dollars. A fee
+of 200 dollars a year was required from saloon keepers, and those who
+refused to pay were subjected to all manner of annoyances from the
+municipality.<small><a name="f4.1" id="f4.1" href="#f4">[4]</a></small></p>
+
+<p><span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span>It would be wearisome to go on further. Hardly a town in the State,
+besides many country parts, but had abandoned prohibition, not for licence
+and control, but for a lawless free trade, tempered by the levying of
+municipal blackmail.</p>
+
+<p>It was manifest that this condition of affairs could not last; and the
+Republican party, that had for many years remained steadfast to the cause,
+at last determined to abandon it. A purposely vague clause was chosen for
+the party platform in 1893, stating that &#8220;prohibition is no test of
+Republicanism. The General Assembly has given to the State a prohibitory
+law as strong as any that has ever been enacted by any country. Like any
+other criminal statute, its retention, modification, or repeal must be
+determined by the General Assembly, elected by and in sympathy with the
+people; and to them is relegated the subject to take such action as they
+may deem just and best in the matter, maintaining the law in those
+portions of the State where it is now or can be made efficient, and giving
+the localities such methods of<span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span> controlling and regulating the liquor
+traffic as will best serve the cause of temperance and morality.&#8221;</p>
+
+<p>It was fully understood at this election that the Republicans would now
+advocate some modification of the law, and on this understanding their
+candidate for Governorship was returned to office by a large majority. The
+newly elected Governor, the Hon. F. D. Jackson, dealt with the question at
+some length in his inaugural address. &#8220;A trial of ten years has
+demonstrated,&#8221; he said, &#8220;that in many counties it (prohibition) has fully
+met the expectation of its friends, having successfully driven the saloon
+system out of existence in those counties. While this is true, there are
+other localities where open saloons have existed during this period of
+time in spite of the law, and in spite of the most determined efforts to
+close them. In such localities the open saloon exists without restraint or
+control, a constant menace to the peace and safety of the public. From
+these localities there is an earnest demand for relief&mdash;a demand not from
+the law-defying saloon sympathiser, but from the best business
+element&mdash;from the best moral sentiment of such communities&mdash;from the
+churches and from the pulpit. While the present prohibitive principle,
+which is so satisfactory to many counties and communities of our State,
+should remain in force, wisdom, justice and the interests of temperance
+and morality demand that a modification of this law should be made
+applicable to those communities where the saloon exists, to the end of
+reducing the evils of the liquor traffic to the minimum.&#8221;</p>
+
+<p><span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span>A measure for the semi-legislation of saloons had been brought forward in
+1893. The malcontents did not ask for the total repeal of the law, but
+they demanded that, in localities where prohibition had notoriously
+failed, some other measures should be tried. At the end of March, 1894, a
+&#8220;mulct-tax&#8221; Bill was carried in the House of Representatives, and sent on
+at once to the Senate, where it was &#8220;railroaded&#8221; through without debate.
+Early in April it received the sanction of the Governor and became law.
+This measure is not a licensing law, and does not (nominally) license the
+saloon; but it provides that, on the payment by a saloon-keeper of a
+special tax, and on the observance of certain conditions, he shall not be
+liable to punishment for breaking the prohibitory law. This sounds
+somewhat strange to those of us who still retain old-fashioned opinions
+about the necessity for enforcing all laws or repealing them. Clause 16 of
+the &#8220;mulct&#8221; Act is surely a curiosity among illogical compromises:
+&#8220;Nothing in this Act contained shall in any way be construed to mean that
+the business of the sale of intoxicating liquors is in any way legalised,
+nor is the same to be construed in any manner or form as a licence, nor
+shall the assessment or payment of any tax for the sale of liquors as
+aforesaid protect the wrong-doer from any penalties now provided by law,
+except that on conditions hereinafter provided certain penalties may be
+suspended&#8221;.</p>
+
+<p>The tax required from liquor-sellers is 600 dollars a year, besides a bond
+for 3000 dollars. If, in a town of<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span> 5000 inhabitants, a majority of the
+electors who voted at the last poll sign a written statement consenting to
+the establishment of saloons; or if, in a place with less than 5000
+inhabitants, sixty-five per cent. of the electors sign a similar
+statement, then, in such places the fact that a liquor-seller has paid his
+tax shall be a bar to any proceedings under the prohibitory Acts. Each
+saloon is to consist of a single room, with only one exit and entrance,
+with the bar in plain view from the street, and with no chairs or
+furniture except such as are necessary for the attendants. The attendants
+must all be males, and no liquor is to be sold to minors, drunkards,
+persons who have taken &#8220;drink cures,&#8221; or to any person &#8220;whose wife,
+husband, parent, child, brother, sister, guardian, ward over fourteen
+years of age, or employer shall by written notice forbid such sales&#8221;.</p>
+
+<p>It is too early yet to say what the result of the &#8220;mulct&#8221; Act will be. The
+latest news from Iowa reports that the necessary proportion of signatures
+for the opening of saloons has been obtained in a number of moderate-sized
+towns, which were formerly thought to be favourably inclined to
+prohibition. In Des Moines 5500 signatures have been secured, and the
+drink-sellers boast that they can obtain one or two thousand more if
+required. It is yet a matter of doubt whether the saloon-keepers in
+several border towns will submit to the new law or will continue their old
+plan; but it seems certain, that for a large part of the State the days of
+even nominal prohibition are over. The State Legislature<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> has agreed to
+re-submit to popular vote the prohibitory amendment to the Constitution;
+but this is done rather as a sop to the advocates of temperance than with
+the expectation that it will lead to any change.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span></p>
+<h2><a name="CHAPTER_VI" id="CHAPTER_VI"></a>CHAPTER VI.</h2>
+<h3>HIGH LICENCE.</h3>
+
+<p>High licence in its present form is comparatively a new development of
+American drink legislation. During the early part of the latter half of
+this century reformers would hear of nothing but the most uncompromising
+prohibition. Then came a reaction, and even the stoutest opponents of the
+liquor traffic were forced to admit that in towns of any size prohibition
+has never yet been a success. As a leading reformer put it: &#8220;Prohibition
+has not yet touched the question where it presents the gravest
+difficulties, except to fail. After an existence of more than fifty years
+it has yet to grapple with this problem in any great centre of population.
+A law unenforced in its essential particulars debauches the public
+conscience.&#8221; The question at last had to be faced&mdash;how, as men will have
+drink, the traffic in it can be conducted so as to do the least harm to
+the community. This led to high licence, a policy which includes the
+limiting the number of saloons, placing them under strict regulations, and
+fixing the licence fee at such a high rate as will keep all but
+responsible men out of the business. This plan would, it was hoped, meet
+the legitimate demand for drink, exterminate low saloons,<span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span> and at the same
+time bring in a very considerable revenue, thus applying Emerson&#8217;s maxim,
+and &#8220;making the backs of our vices bear the burden of our taxes&#8221;.</p>
+
+<p>As a general rule the high licence movement has been supported by the
+Church and the Roman Catholic temperance societies, but has received
+bitter opposition from more extreme abstainers. &#8220;High licence is a fraud
+and a failure,&#8221; said Neal Dow not long since; &#8220;and the greatest hindrance
+to the temperance movement in America is the Church Temperance Society,
+which supports it.&#8221; Liquor-sellers look on it with mingled feelings. Where
+there is a likelihood of prohibition becoming law they openly support high
+licence. Thus the Maine Hotel Keepers&#8217; Association recently passed a
+resolution that &#8220;local option and high licence is the best means of
+dealing with the liquor question&#8221;. But, where temperance sentiment is
+weak, the saloon-keepers not unnaturally do their best to maintain the old
+lax low-licence regulations.</p>
+
+<p>The new method first came to the front at Nebraska in 1881, by the passing
+there of the &#8220;Slocumb law,&#8221; which fixed the State licensing fees at 500
+dollars for saloons in small towns, and double that amount where the
+population exceeded 10,000. From Nebraska the idea spread rapidly, and was
+soon adopted by many other States. The most conspicuous instance of its
+working is to be found in Pennsylvania, where the Brooks Licensing Act
+passed through the Legislature in 1887, and came into force on 1st June,
+1888. The leading provisions of<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span> the Brooks Act are, that the granting of
+licences shall be left in the hands of the Courts of Quarter Sessions,
+which shall issue whatever number they deem necessary, with full power to
+revoke any or all at the end of each twelve months; that each licensee
+shall pay a fee of from 1000 dollars downwards, according to the size of
+the town or city in which he carries on his trade; and, furthermore,
+besides his giving a personal bond for 2000 dollars, two owners of real
+estate living in the immediate neighbourhood shall also become bondsmen to
+the same amount each, as sureties for his strictly keeping the law. To
+these clauses are added the prohibitions, usual in most of the States,
+against selling on Sundays or election days, or to minors or intoxicated
+persons. As an immediate result of the passing of the Act, the number of
+licensed houses in Philadelphia was reduced from 6000 to about 1300, and
+in other parts of the State even greater reductions were made. The judges
+used their discretionary powers to a considerable extent, and for every
+successful applicant for a licence there were two others willing to find
+sureties and to pay the fees, but whose applications were refused. Yet,
+notwithstanding the reduced number of saloons, the revenue showed a most
+decided increase. Before the passing of the Act the licensing fees in
+Philadelphia came to 300,000 dollars; now, with less than a quarter of the
+former number of houses, they amounted to 680,000 dollars, and the whole
+State derived an annual drink revenue of close on 2,000,000 dollars. It is
+worth noting in this connection that the total amount of criminal<span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span> and
+charitable expenses in Philadelphia alone caused through excessive
+drinking comes to over 2,000,000 dollars annually.</p>
+
+<p>The law had an immediate and most remarkable effect on crime. The number
+of committals to Philadelphia county prison for the twelve months before
+the passing of the Act was 27,867; for the twelve months afterwards it was
+only 18,218. The number of Sunday arrests and committals for intoxication
+during the same two periods was&mdash;before, 1263; after, 381; showing a
+reduction of about 70 per cent. The number of women arrested sank to less
+than one-third, from 138 to 41.</p>
+
+<p>These good results cannot, however, be solely attributed to the fact that
+the licence fees are heavy. &#8220;The real virtue of an Act such as we have in
+this State,&#8221; said a local journal in 1890, &#8220;lies not in the high fee, but
+in the restrictions put upon the issuance of licences.... The fee is the
+least important feature of the Brooks Act.&#8221; In Philadelphia there is a
+strong public opinion to back up the Act; and the police are, on the
+whole, active in searching for evasions. The great obstacles in the way of
+the total suppression of unlicensed houses lie in the two facts that
+juries are not always willing to convict, and that the courts have a way
+of letting the cases run on for an unconscionable time, until it is almost
+impossible to bring witnesses to secure proof of the offences. For
+instance, it was reported by the Police Department in November, 1891, that
+since June in that year there had been 325 arrests for unlawful sale,
+etc.; 242 of these<span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span> were returned to court; in 204 cases were true bills
+found, only 99 cases had been fully tried (out of which 76 convictions
+were secured), and there were no less than 103 cases awaiting trial, and
+28 more awaiting the action of the grand jury.</p>
+
+<p>Since the first year, the licensing judges in Philadelphia have gone in
+for increasing the number of saloons, and proportionately with the
+increase of liquor shops the total of arrests for intoxication has risen.
+There were 32,974 persons taken up by the police for intoxication and
+disorderly conduct the year before the passing of the Act, while for the
+year afterwards there were only 19,887. For the twelve months from June 1,
+1890, the number of saloons was increased to about 2000, and the
+committals at once rose to over 25,000.</p>
+
+<p>In the next licensing year the number of houses was again reduced, and
+once more the number of arrests showed a reduction, though not
+proportionately large. Last year the judges decided to increase the
+number; and it is to be feared that if they do not stop this course the
+amount of drunkenness will soon be as great as it was before the passing
+of the Act. Thoughtful citizens are widely awake to the evils of this
+course, and great pressure has been brought to bear on the judges to
+abandon their present policy. In September, 1893, the local Law and Order
+League sent a letter round to many of the leading inhabitants on this
+matter; and through the courtesy of its secretary I am able to reproduce
+parts of it here. &#8220;Persistent efforts have been and are still<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> being
+made,&#8221; the Committee stated, &#8220;to induce the court to increase the number
+of liquor licences.... We have reason to believe that a large number of
+applications have been and will be made in the interests of a few
+individuals who manage to evade the law, which does not allow an applicant
+to be interested in more than one licensed place&mdash;thus you will see that
+the greatest vigilance has to be exercised in dealing with this subject.</p>
+
+<p>&#8220;There were 224 more licences granted from 1st June, 1893, than for the
+previous year; and the number of arrests for intoxication in the last
+three months, ending 1st September, as compared with the same period of
+time in the previous year, shows the following result:&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td align="center">Year.</td>
+    <td align="center">No. of licences.</td>
+    <td align="center">No. of arrests.</td></tr>
+<tr><td>1892 June to September</td>
+    <td align="center">1928</td>
+    <td align="center">7056</td></tr>
+<tr><td>1893<span class="spacer2">&nbsp;</span>"<span class="spacer">&nbsp;</span>"</td>
+    <td align="center">2181</td>
+    <td align="center">7375</td></tr></table>
+
+<p>&mdash;an increase of 319 over the previous year.&#8221;</p>
+
+<p>In some cities, the Brooks law has, for a time at least, apparently led to
+an increase of the very evils it was framed to check. Thus, in Pittsburg
+the number of saloons was cut down from 1500 to 244, and finally to less
+than 100, yet the arrests for intoxication went up by 10 per cent.</p>
+
+<p>But further investigation shows that this result has been brought about by
+the open, unchecked setting the Act at defiance. &#8220;Speak-easies&#8221; (that is,
+unlicensed saloons) have been allowed to spring up in such numbers that
+five years ago there were probably seven to each licensed house. These
+places were permitted to exist<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span> because of the political power of their
+owners, and the police did not dare proceed against them. The agent of the
+local Law and Order League opened prosecutions against about 150 such
+houses in a couple of years; but in nearly every instance the juries
+refused to convict. It has been openly stated time after time that both
+the police and juries are under the control of the liquor ring, though
+just now there is admittedly a great improvement in this respect. At
+ordinary times the &#8220;speak-easies&#8221; are conducted with at least a show of
+secrecy, getting their liquor in at night, and thinly disguising
+themselves as cigar shops, drug stores, or eating houses; but during
+elections they sometimes throw off even the appearance of concealment,
+knowing that no one will venture to attack them. At the election of
+January, 1890, the local <i>Commercial Gazette</i> reported: &#8220;On Sunday not a
+few of the select seven hundred were running wide open. They were not
+&#8216;speak-easies,&#8217; but &#8216;yell-louds,&#8217; as they disturbed their neighbourhoods
+with their hideous conduct. What inducements have regularly-licensed
+saloons to observe the law and renew their licences in the spring if
+saloons that pay no licence are permitted to sell not only throughout the
+week but on Sundays, when of all days they should be kept shut? The
+&#8216;speak-easies&#8217; have, or imagine they have, a &#8216;pull&#8217; on the political
+parties, that they thus dare to impudently disregard the law.&#8221; A partial
+failure of the Act has been caused in other places besides Pittsburg by
+the presence of such houses; and even where the police do<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span> their utmost it
+is no easy matter to exterminate them. The Chief of Police in Lancaster
+county reported in 1889 that there was a considerable amount of
+drunkenness among women and young people; and that the drink was obtained,
+not in licensed houses, &#8220;but in hell-holes known as beer-clubs, or in
+houses where beer is delivered in quantities&#8221;. From other parts come
+similar reports.</p>
+
+<p>Unquestionably, high licence, when properly enforced, is a check to
+intemperance; with an unbiassed executive, an uncorrupted police and a
+law-abiding community, it does much to rob the liquor traffic of many of
+its evils. But, unfortunately, these conditions are not to be found in
+many American cities. All who have studied the working of the law admit
+that the mere fact that a licence fee is high is not enough in itself;
+this must go along, as it does in most places, with a large measure of
+local control and with wise restrictive legislation. The great fault of
+the high-licence plan is that it leaves the saloon almost as great a power
+in politics as ever. But how this is to be prevented, short of sweeping
+the drink-sellers away altogether, does not appear.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span></p>
+<h2><a name="Part_II" id="Part_II"></a><span class="smcap">Part II.</span></h2>
+<h2>GREATER BRITAIN.</h2>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h2><a name="CHAPTER_2.I" id="CHAPTER_2.I"></a>CHAPTER I.</h2>
+<h3>PROHIBITION AND LOCAL OPTION IN CANADA.</h3>
+
+<p>While Great Britain has been content, for many years, to do little more
+than talk about proposed temperance legislation, Greater Britain has been
+active in framing laws, testing them by actual practice, and revising,
+strengthening or abandoning them as the results have shown to be
+advisable. Our colonial cousins, free from the prejudices and cast-iron
+traditions of English political life, have displayed far more willingness
+to adopt strong remedies for a grave disease than have we ourselves at
+home. In Canada the drink question has been, for over a quarter of a
+century, one of the most pressing problems in Dominion politics; and the
+results of efforts made to solve it there should prove of real value to
+law-makers on both sides of the Atlantic. Compared with England, Canada is
+decidedly a sober country. In some parts total abstinence is the rule
+rather than the exception; the average consumption of liquor is
+comparatively small;<span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span> and the liquor traffic has been for years under
+strict regulation. Though the licensing laws differ in the various
+provinces, they are everywhere much in advance of our own. Sunday closing
+is universal, no drink can be sold on election days, and in most districts
+the taverns have to be shut up on Saturdays at six or seven in the
+evening. High licence prevails in many of the cities, the penalties for
+serving minors or drunken persons are very heavy, and a limited form of
+local option gives communities power to sweep away almost all of the drink
+shops in their borders. The result of these measures may be seen in the
+fact that while in England the annual consumption of drink is thirty-four
+gallons per head, in Canada it is only four.</p>
+
+<p>Early in the seventies, the temperance party started an agitation to
+obtain out-and-out prohibition. Petitions poured in on Parliament, and
+such pressure was brought to bear on individual members that the Dominion
+Government finally decided to introduce an Act which would give the people
+in every city and county the right to interdict the traffic there. The
+framing of the measure was left in the hands of the Hon. Robert Scott, a
+well-known lawyer and a member of the Government, and he drew up a Bill
+which seemed at the time as stringent and as workable as possible. The
+&#8220;Scott Act,&#8221; as it was at once universally called, provided that on
+one-quarter of the electors of any city or town petitioning the
+Governor-General, he should cause a direct vote to be taken as to whether
+the place was to come under the<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> Act or not. A bare majority would decide
+either way; and once the election was held, the question could not be
+re-opened for three years. At the end of three years, the defeated party
+might demand another poll. If the people decided to come under the Act,
+all licences in their district would lapse at the end of the year, without
+any compensation being paid to the licence holders, and then the ordinary
+manufacture or sale of intoxicating liquors as a beverage would be
+absolutely prohibited. The penalties provided for attempting to evade the
+law were&mdash;50 dollars for the first offence, 100 dollars for the second,
+and not more than two months&#8217; imprisonment for each subsequent conviction.
+Everything was done to make the recovery of the penalties as simple as
+possible; there was no power of appeal, and, while it was the special duty
+of the collectors of Inland Revenue to see that the law was enforced, any
+private individual had the power to institute a prosecution.</p>
+
+<p>The Scott Act was received with almost universal approbation; Macdonald
+and Mackenzie, the two leading Canadian statesmen, supported it; and in
+May, 1878, it was read for a second time in the Dominion House of Commons
+without a division. It received the Royal Assent the same month, and
+became law. Within the next seven years it was submitted to seventy-seven
+electoral districts, and was accepted by sixty-one. The majorities for it
+were usually overwhelmingly large. In York, 1215 electors voted for the
+Act, and only 69 against; in Prince the figures stood, 2062 for, 271<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span>
+against; and in many other places the proportion was about the same. But
+the hot enthusiasm for prohibition did not last very long. Communities
+that had voted to go under the Act became first lukewarm and then hostile;
+and soon a repeal movement set in, almost as strong as the demand for
+prohibition that had preceded it. The revenue returns showed, it is true,
+a most decided diminution in the consumption of liquor. Comparing the
+statistics for the ten years ending 1888 with those for the ten ending in
+1878, the <i>per capita</i> reduction was 39 per cent. in spirits, 8 per cent.
+in beer, and 49 per cent. in wine. But this apparent reduction was almost
+altogether neutralised by the great increase in smuggling. The coast line
+of the seaboard provinces is so extensive that even the utmost vigilance
+of the revenue authorities cannot altogether put this down. The extent to
+which it prevailed may be shown by the estimate of Lieutenant-Colonel
+Forsythe, chief of the police at Quebec, that in a single year 5000
+barrels of liquor were landed by smugglers at one place, St. Pierre
+Miquelon.<small><a name="f5.1" id="f5.1" href="#f5">[5]</a></small></p>
+
+<p>What was the cause of this change of sentiment? Perhaps the principal
+reason was an unfortunate dispute which arose between the Dominion and the
+provincial authorities as to whether the right to pass laws dealing<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span> with
+the drink traffic lay with the former or the latter. The provincial
+authorities declared that the Central Parliament was exceeding its powers
+in passing such a measure, and the point was fought out before the courts.
+After various decisions by the lower courts, the Judicial Committee of the
+Privy Council declared, in June, 1882, that the Scott Act was
+constitutional. Then the provincial and local authorities practically
+refused to take steps to ensure the active enforcement of the Act. They
+said that as it was a Dominion, and not a provincial measure, the Dominion
+Parliament must see to it. Political issues became mixed up with the
+question of enforcement, and in many parts law-breakers well understood
+that the local authorities would take no active steps to bring them to
+justice, if they could avoid doing so.</p>
+
+<p>Senator Scott, the framer of the law, himself admits that this is the true
+explanation. In a recent interview he said: &#8220;The provisions for enforcing
+the law were full and complete. But there is no Act in the statute books
+that was more bitterly opposed; some of the judges in the maritime
+provinces even refused to give effect to it. The law was fought out in
+every court in the land; and until the Judicial Committee of the Privy
+Council sustained it, the attempt at enforcement was hopeless. Neither
+Governments nor courts regarded it with favour. The onus of enforcing the
+law was cast upon the Federal Government, yet that Government could not be
+charged with showing any disposition to enforce the law....<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> The
+temperance element in very many localities either condemned the omission
+of the executive to put the law into operation, or became indifferent on
+the subject. Wherever there was a strong temperance sentiment, as in many
+counties in the maritime provinces, the law was enforced by the people,
+and it has borne good fruit.&#8221;<small><a name="f6.1" id="f6.1" href="#f6">[6]</a></small></p>
+
+<p>The case of Ontario, which has excited special interest in England, may be
+taken as in many respects a typical one. The temperance party is very
+strong here, and the Act was adopted in 1884 and 1885 by about two-thirds
+of the province. A vigorous attempt was made to enforce it, and at first
+with some show of success. The consumption of liquor was for a time
+diminished, the saloons put up their shutters or sold only temperance
+drinks, and illegal traders were quickly brought to book. Mr. W. J.
+Thomas, a Toronto brewer, has given the following as the experience of his
+firm with the Scott Act: &#8220;I found my output to decrease during the Scott
+Act years, and to change in character. It was sneaked into Scott Act towns
+by night, and in all sorts of boxes, barrels, and other packages. There
+was also a large increase in the bottle trade, as well as more bought for
+private families.&#8221;</p>
+
+<p>But soon trouble came. Legal authorities raised difficulties in the way of
+maintaining the law, and convictions were often quashed on appeal on the
+slightest<span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span> grounds. The pro-liquor party showed fight, and persons who
+attempted to give evidence against drink-sellers would have their windows
+broken, would suffer personal violence, and would be publicly denounced as
+&#8220;sneaks&#8221; and &#8220;spies&#8221;. A system of intimidation was organised, magistrates
+who convicted were openly insulted and threatened, notable temperance
+workers had their houses blown up or their ricks fired, and informers went
+in danger of their lives. After a time, moreover, the commitments for
+drunkenness showed a considerable increase; in 1876, they were 3868: in
+1887, when the Act was in force, they had mounted to 4130; and in 1892,
+after the repeal of the Act, they were only 2736. This increase of
+drunkenness under prohibition was probably due to the fact that people
+became addicted to whisky, owing to its being portable, rather than beer,
+which they could not so easily smuggle or hide.</p>
+
+<p>The story of a publican, given before the Royal Commission, is of
+interest, as showing how drink-sellers evaded the law. &#8220;I had two years&#8217;
+experience of the Scott Act at Port Huron, a town of 2000 inhabitants,&#8221;
+said Mr. J. C. Miller. &#8220;I complied with the Scott Act at my hotel there
+for three months, but the receipts would not justify perpetuity. On the
+12th July I made a drink called &#8216;conundrum drink,&#8217; composed of water,
+lemons and whisky. This was supplemented by lager, called for the day
+&#8216;blue ribbon beer&#8217;. The temperance men sent up two detectives from
+Kincardine, who were low characters, and would swear to anything. When
+they came to give<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span> evidence, I gave them forty dollars to clear me, and
+they did so.</p>
+
+<p>&#8220;Dr. McLeod (a Commissioner).&mdash;You paid them the money to perjure
+themselves?</p>
+
+<p>&#8220;Mr. Miller.&mdash;Well, I gave them forty dollars, and do not know whether
+they got liquor in my place or not. They were prepared to swear that they
+did, and they swore that they didn&#8217;t. I then tried the experiment of
+keeping the liquor to give away, and it was entirely successful. Then I
+sold cider, and gave the liquor away. That was also successful; and after
+the temperance men sought several times to secure a conviction without
+success, they let me alone, and I sold freely until the Act was repealed.&#8221;</p>
+
+<p>It must not be supposed that the temperance people were passive spectators
+of these attempts to defy the law. On the contrary, they were active in
+prosecuting. The number of prosecutions for breaches of the law in the six
+months ending in July, 1886, was 1005; for the six months ending in
+October, 1887, the number of prosecutions was 2845. The number of
+convictions in the first period was 541, and in the second period 1771.</p>
+
+<p>The electors of Ontario had enough of the law, and at the earliest
+possible opportunity the Act was repealed in every county in the province.</p>
+
+<p>Mr. F. S. Spence, the secretary of the Dominion Alliance, gave the
+following as the reasons why (in the opinion of prohibitionists) the law
+was repealed:&mdash;</p>
+
+<p><span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span>&#8220;(1) Because the people were disappointed in finding that it did not give
+them a fuller measure of prohibition.</p>
+
+<p>&#8220;(2) Because of the hard feeling engendered among neighbours by the
+forcing of evidence.</p>
+
+<p>&#8220;(3) Because of the annoyance caused by the hotel-keepers closing their
+houses, and of the terrorism practised.</p>
+
+<p>&#8220;(4) Because of the inefficiency of the machinery for the enforcing of the
+Act.</p>
+
+<p>&#8220;(5) Because the vote for repeal was often brought on prematurely during a
+time of local irritation over the effects of the Act.</p>
+
+<p>&#8220;(6) Because of antagonistic personal influence.&#8221;</p>
+
+<p>The temperance party did not take its defeat quietly. It maintained that
+the failure was due, not to any mistake in the principle of prohibition,
+but to erroneous legislation and weakness of administration; and a fresh
+agitation was soon started for a more perfect measure. But for some time
+action was delayed. The great stumbling-block in the way of the
+authorities doing anything is the doubt whether the right to legislate
+lies with the federal or the provincial authorities. The decision of the
+Privy Council in 1882, while settling the legality of the Scott Act, by no
+means made clear the exact line of demarcation between the powers of the
+greater and lesser Legislatures on this matter. In order to settle this,
+the Ontario Government has submitted to the Supreme Court a constitutional
+case which will clear up the matter. As soon as this is decided there, it
+will be taken on to the<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> Privy Council, and it is expected that by early
+next year the matter may be finally settled.</p>
+
+<p>This doubt has given Dominion politicians a very good excuse for doing
+nothing. &#8220;When we get a prohibition law in Ontario,&#8221; said Sir Oliver
+Mowatt, the Ontario Premier, in answer to a deputation (20th April, 1893),
+&#8220;we will want one that is enforced. There is no use in a nominal
+prohibition, no use in putting a prohibition law on the statute book,
+unless we can, and do, enforce it. You all know that a prohibition law is
+difficult of enforcement, as there are too many people interested in its
+not being enforced. If a law is not enforced to any extent, it is a
+thousand times worse than if there was no such law on the statute book.
+Any prohibition law under the present condition of public sentiment is
+difficult of enforcement; and if there were any reasonable doubt as to
+whether that law is valid or not, it would be hopeless to attempt to
+enforce it. We may be sorry for that, and unwilling to believe it; but if
+we endeavour to enforce in this country a prohibition law, when there is
+not a reasonable certainty of its being valid, it will be a hopeless
+task.&#8221;</p>
+
+<p>Year by year, since their defeats in 1887 and 1888, the prohibitionists
+have been gaining greater political power, and they now command so many
+votes that neither party can afford to ignore them. In order to make a
+show of satisfying their demand, and at the same time, perhaps, to shelve
+the question for a year or two, the Dominion Government appointed, in
+1892, a Royal<span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span> Commission to inquire into the whole subject. Since then
+the Commissioners have been moving from place to place, collecting a
+considerable amount of useful, and a still larger quantity of irrelevant
+and next to valueless information. The Commission has given a great many
+no doubt worthy persons the opportunity of airing in public their
+individual opinions on the folly or wisdom of total abstinence, on the
+exact number of ounces of alcohol it is wise to consume in a day, and on
+other equally absorbing themes. But if the Commissioners print <i>verbatim</i>
+all the evidence that has been tendered before them, their report will
+almost rival in bulk the holy books of the Buddhists, or the report of the
+Sweating Commission.</p>
+
+<p>In 1893 and 1894, in order to accurately ascertain the real opinion of the
+people on the liquor question, the greater number of the Provincial
+Governments took pl&eacute;biscites on prohibition. The plan was adopted from the
+well-known Swiss referendum; but with the great difference that, whereas
+in Switzerland a sufficient majority obtained by the direct vote alters
+the law, the pl&eacute;biscites in Canada have no legislative effect whatever,
+but are purely expressions of opinion, taken as test of the popular will.
+At first the extreme left wing of the temperance party looked with some
+disfavour on them, and declared that they were nothing but pretexts to
+delay legislation.</p>
+
+<p>A pl&eacute;biscite was first taken in Manitoba, on the same day as the general
+election, at the end of 1892. Two-thirds of this province are said to be
+already under <span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span>prohibition, by means of local option laws, and out of the
+forty members of the Legislature twenty-two are reputed total abstainers.
+The vote was taken on the single question: &#8220;Do you think the prohibition
+of the manufacture and sale of intoxicating liquor desirable? Yes or No.&#8221;
+The number of votes recorded was fairly large, being only a little over
+five per cent, less than that cast for the candidates for the Legislature.
+The result was a complete victory for the prohibitionists. Even Winnipeg,
+the largest city, which was reckoned a very doubtful place, gave a
+majority of 1300 for prohibition. The result in the whole province was:&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>Total votes for candidates,</td><td><span class="spacer">&nbsp;</span></td><td align="right">28,204</td></tr>
+<tr><td>Total votes on prohibition,</td><td>&nbsp;</td><td align="right">26,752</td></tr>
+<tr><td>For prohibition,</td><td>&nbsp;</td><td align="right">19,637</td></tr>
+<tr><td>Against prohibition,</td><td>&nbsp;</td><td align="right">7,115</td></tr>
+<tr><td>Majority for prohibition,</td><td>&nbsp;</td><td align="right">12,522</td></tr></table>
+
+<p>The Provincial Assembly has since requested the Dominion Parliament to
+give effect to the popular vote by legislative enactment.</p>
+
+<p>In Prince Edward Island a pl&eacute;biscite has shown a majority of 7000 in
+favour of prohibition; and in Nova Scotia, where a poll has just been
+taken, the result has been a majority of 31,701 for prohibition. But the
+most surprising result of all has come from Ontario. It was generally
+anticipated by those not on the spot that this province, with its former
+unfortunate experience, would hardly again support a proposal for the
+suppression of the drink traffic. A vote was taken on New Year&#8217;s Day,<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span>
+1894; and all persons having votes at municipal elections, and all
+unmarried women and widows who exercise the franchise, were allowed to
+take part. No elector had more than one vote. The question submitted was:
+&#8220;Are you in favour of the immediate prohibition by law of the importation,
+manufacture and sale of intoxicating liquors as a beverage?&#8221;</p>
+
+<p>The temperance party made great preparations for the election. Innumerable
+meetings were held, committees of ladies canvassed the voters, ministers
+urged on their congregations the duty of rightly using their electoral
+powers, and all that was possible to ensure success was done. The
+teetotalers in Ontario undoubtedly anticipated a victory, but even the
+most sanguine among them had hardly dared to anticipate such a majority
+as was obtained. 192,487 voted for prohibition, 110,757 against, leaving a
+majority in favour of 81,730 votes.</p>
+
+<p>The most discouraging thing about the pl&eacute;biscite is the fact that only
+about 58 per cent. of the electors in the province took the trouble to
+record their votes. The women constituted 35 per cent. of the total
+electors, and while the ballot forms for the men were printed on yellow
+paper, those for women were on blue, in order that it might be ascertained
+how they voted. It was found that the women were six to one for
+prohibition. So if the votes of the women had been taken away, the
+majority in favour would have been reduced to a few thousands.</p>
+
+<p>But after allowing for these things, the victory was<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> unquestionably a
+notable one. The chief strength of the liquor party lay, as usual, among
+the foreign portion of the community, and those towns in which the Germans
+predominated declared by large majorities against prohibition. In Toronto
+the prohibitionists obtained a majority, but so many electors abstained
+from voting as to make this apparent victory little better than a defeat.
+But many places that had been confidently expected to declare for licence
+decided the other way. Even several districts that a few years ago almost
+unanimously repealed the Scott Act, had come round again in favour of
+prohibition.</p>
+
+<p>The temperance party in Ontario is now somewhat divided. There is a noisy,
+if not very influential section, that is in favour of the Provincial
+Legislature at once passing a provincial prohibitory law, taking for
+granted that the Privy Council will decide in favour of the State right to
+do so. Happily, this section is in a minority, for no course could be more
+harmful to the temperance cause. If a provincial prohibitory law were
+passed now, magistrates would fear to enforce it fully until they knew
+whether it was really legal or not; cases of conviction would be the
+subject of unceasing appeals from court to court; and every cause that
+made the Scott Act a failure would, in an accentuated degree, prevent the
+efficient carrying out of the new law.</p>
+
+<p>Many members of the temperance party recognise this, and have determined
+to work for prohibition under the local option laws, and for the creation
+of a<span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span> still stronger public sentiment against drinking, until the decision
+of the courts is known. Then, if it is found that the province has the
+right to prohibit, a Prohibition Bill will be introduced.</p>
+
+<p>The Government has adopted this latter plan, and the Premier, Sir Oliver
+Mowatt, has given the following pledge for himself and his colleagues: &#8220;If
+the decision of the Privy Council should be that the province has the
+jurisdiction to pass a prohibitory liquor law as to sale, I will introduce
+such a Bill in the following Session, if I am then at the head of the
+Government. If the decision of the Privy Council is that the province has
+jurisdiction only to pass a partial prohibitory liquor law, I will
+introduce such a prohibitory Bill as the decision will warrant, unless the
+partial prohibitory power is so limited as to be ineffective from a
+temperance standpoint.&#8221;</p>
+
+<p>Prohibitionists in Ontario will only do themselves harm if they imagine
+that the battle for the suppression of the liquor traffic there is already
+won, or will be won on the passing of a suitable Act. On the contrary, it
+is certain that any prohibitory Bill, when passed, will meet with the
+greatest opposition from a considerable portion of the community.
+Innumerable efforts will be put forth to make it a dead letter, or to
+break it down in any way whatever. There is a large and controlling
+section of electors on whom the continuance of the law depends. It is now
+willing to give prohibition a trial, and if it is anything like a success
+it will maintain it.<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span> But, if it should prove unworkable or unsuccessful,
+then the great body of the people will soon send it on the same road as
+the Scott Act.</p>
+
+<p>So far as pl&eacute;biscites have been taken throughout the Dominion, they have
+been in every province in favour of prohibition. There are three provinces
+in which there has been no voting,&mdash;New Brunswick, British Columbia, and
+Quebec. The last named is admitted to be, on account of the large
+proportion of settlers of French descent in its borders, the province
+least friendly to the suppression of the traffic; but the other two are
+generally regarded as strongholds of temperance. The opinion of New
+Brunswick may be seen by the following resolution passed by its
+Legislative Assembly on the 7th April, 1893: &#8220;Whereas, in the opinion of
+this Legislative Assembly, the enactment of a prohibitory liquor law would
+conduce to the general benefit of the people of the province, and meet
+with the approval of a majority of the electorate; and whereas legislative
+power in respect of the enactment of such law rests in the Parliament of
+Canada; therefore, resolved that this Assembly hereby expresses its desire
+that the Parliament of Canada shall, with all convenient speed, enact a
+law prohibiting the importation, manufacture, and sale of intoxicating
+liquors as a beverage, into or from the Dominion of Canada.&#8221;</p>
+
+<p>Many demands have been made that the Dominion Parliament, under the powers
+it was declared to possess by the Privy Council decision of 1882, shall
+immediately<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span> enact a Dominion prohibitory law. This, however, it refuses
+to do; and Sir John Thompson, the Dominion Premier, recently stated he can
+do nothing this Session, owing to the tariff reductions; and he does not
+think it would be a proper course to announce a policy until after the
+report of the Royal Commission on the question has been presented.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span></p>
+<h2><a name="CHAPTER_2.II" id="CHAPTER_2.II"></a>CHAPTER II.</h2>
+<h3>LOCAL CONTROL IN NEW ZEALAND.</h3>
+
+<p>In no British colony is the temperance sentiment stronger, or is there
+more likelihood of the agitation for prohibition being brought to a
+successful issue, than in New Zealand. Its statesmen have shown during the
+last few years great political venturesomeness; the parliamentary suffrage
+has been given to women; social, it may be said socialistic, legislation
+of a most pronounced character has been encouraged, and the dreams of
+English Radicals have turned to blossom and fruit under the Southern
+Cross. The danger at present seems to be, not that the changes will be too
+slow, but that politicians, eager to anticipate the public wishes, may
+adopt and carry advanced legislation for which the colony is not prepared.
+This danger has been greatly increased since the passing of female
+suffrage. Whatever merits women may have as politicians, moderation is not
+one of them; and in the last election they plainly showed that they intend
+to select for power the men of most outspoken views and extreme policy.</p>
+
+<p>New Zealand is a country of to-day, and knows but little of the social
+difficulties that are taxing all the energies of politicians in lands with
+a longer history.<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> The rougher and poorer emigrants have mostly chosen the
+other Australian colonies in preference to it, and it is peopled to-day by
+a picked body of prosperous Englishmen and Scotchmen. As regards the
+consumption of liquor, it takes almost the lowest place among those lands
+that fly the Union Jack. The average expenditure per head comes to only a
+little over three pounds a year, and the amount of proof spirits consumed
+per head in the same time is a little over two gallons, or only about half
+of the quantity drunk in England. The prohibitionist party is very strong
+in the colony, and is led by Sir Robert Stout, the Liberal ex-Premier. The
+prohibitionists do not attempt just now to secure a measure forbidding the
+sale of liquor throughout the colony, for they regard that as at present
+impracticable. Their demands for the time are local option of prohibition
+by a simple majority, and no compensation. This latter point they have
+secured; and the question of pecuniary compensation to dispossessed
+publicans is no longer within the range of practical politics in New
+Zealand. In 1892 a Licensed Victuallers&#8217; Compensation Bill was brought
+before the House of Representatives; but it aroused such general
+opposition that its proposers did not venture to ask for a division on it.</p>
+
+<p>The tendency of legislation has been for some years steadily in the
+direction of giving increased direct power of control to the people. For
+some time the supervision of the drink trade was left in the hands of the
+various Provincial Councils, but in 1873 Sir<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span> William Fox, then Premier,
+carried a measure through Parliament which granted to two-thirds of the
+adult residents in any neighbourhood the right of preventing the issue of
+new licences there, on notifying their desire in that respect by signing a
+petition. Eight years later, a new Act repealed this veto law, and
+provided a more complicated machinery for dealing with the question.
+According to this, a Licensing Board was chosen annually by the electors
+in each district, and once in every three years the ratepayers voted on
+the question whether any licences should be issued in their neighbourhood.
+If they decided in the negative, the Board had to abide by their decision;
+but should they wish for an increase, the matter was then brought before
+the Board, though this body was by no means obliged to grant new licences,
+even when the popular vote had given it power to do so.</p>
+
+<p>In many ways this Act proved a practicable, workable measure. The Inland
+Revenue returns showed each year, from the passing of the Act up to 1889,
+a steady diminution in the consumption of drink, amounting altogether in
+the seven years to twenty-five per cent.; and though this reduction has
+not been quite maintained during subsequent years, the trade is still
+considerably less than it formerly was. The Act stopped the increase of
+public-houses, though very few of the old hotels were deprived of their
+licences under it. Out of 1500 licensed houses in the colony, only
+twenty-five were closed under the Act during the first seven years. Since
+that time the advanced temperance party showed considerably more activity
+in this<span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span> direction, and succeeded in obtaining a withdrawal of most of the
+licences in more than one district. But a doubtful legal point cropped up,
+as to how far Local Boards have the power to take away old licences, that
+prevented very much being done. In a certain licensing district the
+temperance party aroused itself and succeeded in electing a Board pledged
+to close the hotels. The Board kept its promise, and thereupon the
+liquor-sellers brought a case before the courts, on the grounds that the
+members of the Board had publicly pledged themselves as to their line of
+action before election, and therefore they were biassed and did not deal
+with the licences in a judicial manner. The court upheld the publicans and
+declared that the deprival of the licences was illegal. This decision, of
+course, practically took from the electors the greater part of their local
+control. Another point in which the system proved unsatisfactory was in
+the supervision of licensed houses. There seems to be a general opinion
+among moderate men that the Boards were not nearly strict enough in
+bringing offending licence-holders to book.</p>
+
+<p>The Act of 1883 was not sufficiently drastic to satisfy the temperance
+party; and last year Mr. Seddon, the Liberal Premier, brought before the
+Legislature and carried a liquor law which he said would meet with the
+approval of all parties. The measure is called &#8220;An Act to give the people
+greater control over the granting and refusing of licences&#8221;. The licensing
+authority is still left in the hands of locally elected bodies: though no
+member<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> of any such body can be disqualified from sitting or acting
+because he has at any time expressed his views or given any pledge as to
+the liquor traffic. The whole of the colony is now divided into sixty
+districts, and each of these has its own Board, consisting of the resident
+magistrate, and eight other residents in the district. Any elector living
+in a district shall be qualified to become a candidate for election to the
+Board there, unless he is a paid colonial or local official, or is
+directly or indirectly pecuniarily interested in the liquor traffic. When,
+once in three years, the licensing committee is elected, each voter has
+submitted to him at the same time three alternatives: and he must scratch
+out two of these, thus voting for the one he leaves untouched, or his
+paper will be void. The three choices are:&mdash;</p>
+
+<p>(1) I vote that the number of publicans&#8217; licences continue as at present.</p>
+
+<p>(2) I vote that the number of publicans&#8217; licences be reduced.</p>
+
+<p>(3) I vote that no publicans&#8217; licences be granted.</p>
+
+<p>No vote for a committee-man will be counted unless the elector also
+chooses one of these things at the same time as he votes for the members
+of the committee.</p>
+
+<p>On the result of the direct vote the committee must act. No election is
+valid unless at least one-half of the voters on the register take part in
+it. An absolute majority of the votes recorded in any district carries
+either of the first two propositions, for no alteration or for<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span> reduction;
+but the proposal for no licences at all can only be carried on a majority
+of three-fifths of those voting deciding in favour of it. If the votes for
+no licence are under three-fifths, they are added to those for reduction,
+and counted as part of such. Where the proposal for reduction is
+successful, the committee shall carry out such reduction as it may think
+fit, provided that it does not exceed one-quarter of the total number of
+public-houses. Such licences as have been endorsed for breaches of the law
+since the passing of the Act are first to be taken away, and then those
+held in respect of premises which provide little or no accommodation for
+travellers beyond the bar.</p>
+
+<p>The temperance party is seriously dissatisfied with this measure. &#8220;This
+Bill, I believe,&#8221; said Sir Robert Stout in the House of Representatives,
+&#8220;is a Bill more in favour of the liquor traffic than if I had met the
+Licensed Victuallers&#8217; Association, and asked them to come to some
+compromise. I believe the association would have given a more reasonable
+Bill to the temperance party than this measure. That is my opinion, and I
+believe I am speaking what is correct, from what I have heard.&#8221; The chief
+objections of the local optionists are to the clauses that provide for a
+three-fifths majority for prohibition, and for a 50 per cent. poll before
+an election is valid; they also say that the licensing areas are too
+large, and that the Act practically gives the publicans three years&#8217;
+licences. At the parliamentary elections that took place since the measure
+was passed, the question<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span> of a bare majority sufficing to carry the
+proposal for no licences has been made a test one everywhere; and the
+teetotalers, aided by the women&#8217;s vote, have carried their point in so
+many places that there seems every prospect of the law being altered in
+this respect almost immediately.</p>
+
+<p>The first licensing election under the new Act took place at the end of
+March, 1894. A fresh and somewhat disturbing factor was introduced in it
+by the voting power of the newly enfranchised women. The women were (as
+they had been in the parliamentary elections) by an overwhelming majority
+in favour of either no licences or reduction, usually the former.
+Sometimes they allowed their zeal to slightly outrun the bounds of
+womanliness. Thus, at one meeting at Christchurch, called by the leading
+clergy for the consideration of the question, they took possession of the
+hall, voted down the proposals for reduction, and refused to listen to the
+speakers. The chairman would not allow them to put their amendment for no
+licence, so they would not let the meeting continue. They were as rowdy
+(if reports in various local papers can be trusted) as an excited meeting
+at a fiercely contested election in England. Finally they determined to
+there and then convert one of their leading opponents. &#8220;Pastor Birch,&#8221;
+reports the <i>Christchurch Weekly Press</i>, &#8220;says that when he came out of a
+meeting the ladies were hatching a conspiracy against him. They intended,
+when he left the meeting, to surround him in the middle of the road. A
+compact ring of female enthusiasts was<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> to be formed round him, and, when
+they had him fairly wedged in, they intended to kneel down and pray for
+him. The worthy pastor, it appears, declined this delicate attention, but
+was at a loss how to escape. Ultimately, I believe, he hit on the device
+of leaving the hall supported on one side by his lordship the bishop, and
+on the other by Father Bell. This saved him, the women found it impossible
+to surround Pastor Birch without including his companions, and so let him
+escape.&#8221;</p>
+
+<p>Full reports of the results have not yet reached England, but sufficient
+is known to make it certain that the temperance party has gained a great
+victory. Had it not been for the three-fifths clause, the greater part of
+the country would have gone under prohibition. At the time the last mail
+left New Zealand, the results were known in twenty-six out of the sixty
+licensing divisions; and the total votes there showed that 23,752 were for
+prohibition, 9467 for reduction, and 16,862 for no alteration. At
+Wellington, where the contest excited great interest, and was looked upon
+as a fair test for the whole colony, the results were: for prohibition
+3397, for reduction 1283, for no alteration 3581. In only one place was
+the necessary majority obtained for no licences, and in another place the
+people have decided for no bottle licences. There were quite a number of
+districts where the prohibitionists were only a few dozen short of the
+required majority.</p>
+
+<p>The results have amply borne out the objection to its<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span> being necessary for
+50 per cent. of the electors to vote before the election is valid. In
+several places the publicans gave orders for their supporters to abstain
+from voting, and thus prevented public opinion being tested. At Auckland
+the temperance people made no attempt to prohibit or reduce, for they knew
+that it would be hopeless to think of securing a sufficient poll by
+themselves. The <i>New Zealand Herald</i> (28th March, 1894) says: &#8220;We think it
+will be found, when the whole of the returns come to hand, that in more
+than half the districts the whole proceedings are void, because half the
+names on the roll did not vote. The law may be defeated because one party
+may, previous to the elections, place a crowd of names on the roll, either
+merely bogus names, or the names of persons whom they know will not take
+the trouble to go to the poll. And as the matter stands, the ballot is
+practically defeated in many instances. Where there are no candidates to
+be voted for those acting in the interest of the hotels know, when they
+see a man going to the polling booth, that he is going to vote either for
+reduction or prohibition, and they appeal to him: &#8216;You are surely not
+going to give a vote against us?&#8217;&#8221;</p>
+
+<p>From what seems to be a mistaken policy, the advanced temperance party
+refused to take any part in the choice of committee-men; consequently,
+while nearly every place has chosen reduction, the amount of reduction
+will now be decided by men elected largely by the liquor interest. It is
+hard to see what benefits the prohibitionists hope to obtain from this
+course, unless, as<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span> many aver, they want the public-houses made as
+disreputable as possible, so that the people will be more eager to get rid
+of them.</p>
+
+<p>The opinion of various classes in the colony as to the outcome of the
+election can, perhaps, be best seen by extracts from their own journals.
+The <i>Lyttelton Times</i> (anti-prohibitionist) says: &#8220;The first really
+genuine local option poll has shown the people to be determined upon
+further reducing the number of licensed houses. The polling, which was
+everywhere conducted with the most perfect decorum and good feeling, has
+served several useful purposes. It has demonstrated the strength, and
+weakness, of the prohibition party; it has elicited a very decided
+expression of public opinion that the existing number of licences is in
+excess of public requirements; it has shown that the people can be safely
+trusted with full executive and judicial powers in a manner affecting
+their interests; and it has, we hope, settled the vexed licensing question
+for three years to come.&#8221;</p>
+
+<p>The (Wellington) <i>New Zealand Times</i> says: &#8220;The present interest centres
+in the large prohibition vote. The weight of that vote is a surprise and a
+warning. Few were prepared for it, but most people frankly confessed their
+inability to gauge the new power. Now that this power has declared itself,
+few will be prepared to deny that prohibition has come appreciably nearer
+than a year ago any one thought it would come in this generation.... The
+decided prohibitionist leaning of the body of electors is a warning that
+nothing but strict<span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span> regulation, worthy of the name, will serve to stem the
+advancing tide.&#8221;</p>
+
+<p>On the other hand, the <i>Otago Witness</i>, although a strongly temperance
+paper, is inclined to explain away the prohibitionist vote. &#8220;Numbers of
+temperance people, properly so called, are working with prohibitionists,&#8221;
+it says. &#8220;They say to themselves, &#8216;Whatever results may be obtained from
+this agitation of the prohibitionists, they are sure to fall so far short
+of their aim that by helping them we can accomplish our own&#8217;.... We may
+yet find the bulk of the people advocating prohibition, not because it
+will prohibit, but because it will restrict.&#8221;</p>
+
+<p>The <i>Manawatu Daily Standard</i> considers: &#8220;If the present state of the
+public mind be any criterion, the day would seem to be dawning when
+prohibition will come upon us; but the feelings of many would revolt
+against such a revolutionary procedure being entered upon at the present
+time&#8221;.</p>
+
+<p>The <i>Christchurch Press</i> says: &#8220;The polling was nowhere so heavy as we
+were led to suppose by a great many enthusiasts it would be.... A great
+many abstentions may be accounted for by the fact that those whose desire
+was for a reduction felt pretty confident that with the votes of the no
+licence people it would be carried, and consequently they did not take the
+trouble to vote.... The great lesson which we learn from these elections
+as to the feeling of the public of New Zealand on this licensing question
+is that a vast majority are not prepared to<span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span> go to the extreme length of
+closing all the houses, but that a great majority do desire that there
+shall be a reduction of something like 25 per cent.; and that those which
+remain must be made to understand that they retain their licences only on
+condition that their houses are well conducted in all respects&mdash;that is to
+say, that they only sell good liquor to sober people within legal hours.&#8221;</p>
+
+
+<p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span></p>
+<h2><a name="CHAPTER_2.III" id="CHAPTER_2.III"></a>CHAPTER III.</h2>
+<h3>LICENSING IN AUSTRALIA.</h3>
+
+<p>A year or two ago Mr. David Christie Murray stirred up the wrath of the
+Australians by charging them, in effect, with being the most drunken
+people under the sun. This statement, like most other sweeping
+denunciations, requires to be taken with a considerable amount of reserve;
+but it certainly is true that our Antipodean cousins are, to judge from
+the evidence afforded by their revenue returns, afflicted with a chronic
+and incurable thirst. The average consumption of proof alcohol in several
+of the colonies is almost as great as in England.</p>
+
+<p>The liquor laws of Australia are now in much the same condition as many
+are striving to make ours at home. Local option is in force over the
+greater part of the continent. Sunday closing is generally compulsory, and
+the licensed victualler is bound by many restrictions unknown to his
+brother here. As each colony is entirely independent of the others, their
+laws differ, and must be described separately. For the purposes of this
+volume it will be sufficient to deal with Victoria, New South Wales and
+Queensland, as the laws of the remaining Australian colonies present no
+particular features which call for comment.</p>
+
+<p><span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span><i>Victoria.</i>&mdash;In Victoria, in spite of the fact that the control of the
+liquor traffic is almost wholly in the hands of the people themselves, the
+annual consumption of drink costs nearly &pound;6 per head. This, however, is a
+mere trifle to what it once was, for during the gold rush in the fifties
+the cost was nearly &pound;30 a head yearly for every man, woman, and child in
+the colony. It is misleading, however, to compare the expenditure in
+England and Victoria, and judge the amount consumed by it; for in the
+Antipodes things generally are much dearer, and money is cheaper than at
+home. The Victorians consume about 12 per cent. more spirits, between four
+and five times as much wine, and not much more than half the beer, per
+head of population, than we do.</p>
+
+<p>From the time when Victoria separated from New South Wales down to 1876, a
+decidedly retrograde policy was adopted; licence fees were reduced,
+grocers&#8217; licences introduced, and beer shops legalised. But in the
+last-named year the liquor laws were amended by a measure giving limited
+local control over the traffic; and in 1882 a further Act was passed by
+which the local powers were considerably increased. Under the present law
+one-fifth of the electorate in any district can petition the Governor in
+Council to hold an election to settle the number of public-houses to be
+permitted there, and he is then obliged to cause a popular vote to be
+taken on the question. Each elector states on a ballot paper how many
+hotels he wishes to be licensed, and the<span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span> number named by him must be the
+number then existing, the statutory number, or some number between. The
+statutory number has been fixed at one for every 250 inhabitants up to the
+first thousand, and one for every full 500 beyond. Where the number is
+greater than this it can be reduced by a poll to that limit; where it is
+less, it can be raised in a similar way up to it. But in no case can the
+number be reduced below or increased above the statutory limit.</p>
+
+<p>In arriving at the decision of the electors, if a majority vote for any
+particular number then that number is carried. Where, however, the votes
+are so scattered that no particular number commands a majority over all
+the others the following plan is adopted. &#8220;Suppose a district with 48
+hotels, and 12 as the statutory number. Suppose, further, that 600 votes
+be recorded, of which 250 are for 48, 200 for 12, 20 for 13, 20 for 14, 20
+for 15, 20 for 16, and 21 for 17. The votes given for the higher numbers
+would be added to those given for 12 until they made a majority of votes
+recorded. In this case by the time the number 17 is reached, there would
+be a total of 301 votes, making a majority of the 600, and the
+determination would be that the hotels be reduced to 17.&#8221;<small><a name="f7.1" id="f7.1" href="#f7">[7]</a></small></p>
+
+<p>Where the electors decide in favour of a reduction, a licensing court sits
+and decides what houses are to be closed. The licensing inspector has to
+summon all<span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span> the hotel-keepers before the court, and the court selects the
+houses which are worst conducted, or which provide least accommodation, as
+the ones to lose their licences. The houses which are thus closed are
+given a monetary compensation on account of the annual value of the
+premises being lowered: the exact amount of the compensation is fixed by
+two arbitrators, appointed one by the owner and another by the minister.
+In case these cannot agree a county court judge or police magistrate is
+nominated by them as umpire. The whole of the compensation money is raised
+from the &#8220;trade&#8221; itself, by means of increased licensing fees and
+penalties for breaches of the liquor law. If these amounts are not
+sufficient, a special tax is imposed on liquor in order to meet the
+deficiency.</p>
+
+<p>The amounts awarded as compensation have been, in the opinion of many,
+absurdly high. Thus at Ballarat East, where forty hotels were closed, the
+compensation awarded was, to owners, &pound;26,126 0s. 9d.; to licensees,
+&pound;13,855 18s. 4d. At Ballarat West, where twenty-six hotels were closed,
+the compensation came to, for owners, &pound;12,280; for licensees, &pound;8973. At
+Broadford the total cost of closing four places was &pound;1220. The fact that
+compensation is paid makes many voters far less keen than they otherwise
+would be for reduction, even though the money so paid does not in any way
+cost them anything.</p>
+
+<p>In many parts considerable use has been made of the powers of reduction.
+Thus in fourteen local option polls that took place in twelve months the
+people decided<span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span> either for reduction or against increase, according as the
+purpose for which the poll was taken. The Victorian licensing laws have
+certainly prevented any considerable increase of hotels, though they have
+had but little effect in reducing the drink traffic itself.</p>
+
+<p>The following communication from Mr. John Vale, secretary of the Victorian
+Alliance, shows how temperance men regard the present law. &#8220;The local
+option law of the colony,&#8221; he writes, &#8220;first came into force in 1886; some
+polls were then taken, but for the most part were rendered void by the
+condition that one-third of the electors must record their votes in order
+to constitute a poll. The publican party adopted the policy of not voting,
+and letting it be known that all who were seen entering the polling booth
+would be marked men, to be injured in every possible way. Thus, the
+secrecy of the ballot was destroyed. Only the temperance stalwarts faced
+the ordeal, and we were generally just a few short of the required number.
+In 1887 this condition was repealed, in so far as it related to the
+reduction of hotels. In the following year other polls were taken with
+success; but then, with brewery money, a process was begun known as
+&#8216;stonewalling&#8217; in the law courts. The publicans would appeal on some
+technical point. Being defeated on that they raised another point; and so
+on, until after a time they hit upon one which had something in it, or the
+Government got tired of the process. As a result most of the victories of
+1888 were made of non-effect. We then secured a provision doing away with<span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span>
+the power of appeal in connection with local option polls. Since then,
+victories have been secured in a number of important centres, and the
+condemned hotels have been or are now being closed. The Victorian
+Alliance, however, has come to the determination to promote no more polls
+under the present law. It is believed that polls for prohibition could be
+carried with no more effort than is required to win victories for
+reduction. The antagonism to compensation has grown with experience. And
+in certain cases the licensing courts have used the power which they
+possess to issue colonial wine licences for public-houses closed by the
+popular vote, and in respect of which compensation had been paid. Wine
+shops are generally the worst class of drink shops; so that the last state
+of these houses has become worse than the first: for these, and other
+reasons, the above-mentioned resolution has been adopted.</p>
+
+<p>&#8220;In future we shall concentrate our efforts on securing the direct veto
+without compensation. To this end we are about to secure the introduction
+of a Bill in Parliament. It will provide for a vote in each electoral
+district in conjunction with a general election, which takes place at
+least every three years, on the simple issue of prohibition. Each
+electoral district to decide the matter for itself. The prohibition would
+apply to the manufacture as well as the sale of intoxicants. A distinctive
+feature of the Bill is that it will provide for all women voting upon this
+question equally with all men. It, of course, provides for the repeal of
+compensation.&#8221;</p>
+
+<p><span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span><i>Queensland.</i>&mdash;Queensland has the most simple and thorough-going Local
+Option Act of any of the southern colonies. By this Act, which was carried
+in 1885, one-sixth of the electors in a place can cause a direct vote to
+be taken on one or all of three propositions: (1) that the sale of
+intoxicating liquors shall be prohibited; (2) that the number of licences
+shall be reduced to a certain number, not being less than two-thirds of
+the existing number; (3) that no new licences shall be granted. The Act
+requires a two-thirds majority to carry the first proposition, but the
+second and third are carried by a simple majority. In over eighty per
+cent. of the elections held for the purpose of voting new licences, the
+temperance party has won. Very few attempts have been made to secure
+prohibition, and none of them have been successful: in a few cases,
+however, the people have decided in favour of reduction. The experience of
+Queensland seems to point to the conclusion that in a community where
+prohibitionists are not very strong (as in England) a provision giving the
+people power of preventing the issuance of new licences will do more good
+than placing in their hands the option of prohibition which they will not
+use.</p>
+
+<p>In Queensland children under fourteen may not be served with liquor even
+to take away, and persons under eighteen may not be served for consumption
+on the premises.</p>
+
+<p><i>New South Wales.</i>&mdash;The present liquor law of New South Wales was carried
+by Sir Henry Parkes in 1881, and came into force at the beginning of 1882.
+The<span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span> power of granting licences is placed in the hands of stipendiary
+magistrates specially appointed by the Government, and several
+restrictions are placed around the trade. The people are given a limited
+local option as to whether they will have new licensed houses or not.
+Polls take place on this question once every three years, at the same time
+as the municipal elections. The popular veto only applies to small houses
+however, and hotels with over twenty rooms can be licensed whether the
+people wish it or not.</p>
+
+<p>There has been a strong movement throughout the colony for a more complete
+measure of local option, and several times within the last few years it
+has seemed as though this would be carried. The one difficulty in the way
+is the question of compensation; and if the temperance party would only
+consent to recompensing dispossessed publicans, local option could be
+passed into law almost at once.</p>
+
+<p>The temperance party itself in New South Wales has recently become
+divided. One section, consisting principally of the Good Templars, has
+wearied of seeking for local option, and declares that it will accept
+nothing less than State prohibition. Many of these irreconcilables are
+loud in their declarations that the great mass of teetotalers who are
+content to work for local option are little better than enemies of the
+cause. The only outcome of this split is likely to be the delay of
+temperance legislation of any kind there.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span></p>
+<h2><a name="Part_III" id="Part_III"></a><span class="smcap">Part III.</span></h2>
+<h2>THE CONTINENT OF EUROPE.</h2>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h2><a name="CHAPTER_3.I" id="CHAPTER_3.I"></a>CHAPTER I.</h2>
+<h3>THE STATE AS DISTILLER.</h3>
+
+<p>Why should the trade in intoxicants be placed under special restraints? is
+the question sometimes asked; and the querists are hardly satisfied with
+the answer that it has continually been proved necessary, by the
+experience of all civilised Governments, to place limits on every business
+that is shown to be injurious to the well-being of the people. The drink
+traffic is admittedly such; therefore it has to be dealt with in a way
+quite different from the trades of the grocer or the baker. There are
+those who would have us believe that these very restrictions promote
+intemperance; and visionaries have more than once stated that the best way
+to encourage sobriety and to restrain excess would be to make the traffic
+absolutely free. The whole theory of Government is against such an idea.
+It is an axiom of statesmanship that to check any trade by legislation is
+to injure it; and that, within certain limits, the more severe the
+restrictions imposed on it, the less likely is a trade to thrive. But for
+answer to<span class="pagenum"><a name="Page_113" id="Page_113">[Pg 113]</a></span> free-trade theorists we need not appeal to axioms of
+Government. The universal experience of nations goes to show that to allow
+the free manufacture and sale of intoxicants is to use the surest means of
+promoting all manner of excess. The official returns of France, Belgium
+and Germany within the last few years, all show that free trade in drink
+in these countries has proved an utter failure; and that under it,
+poverty, insanity and crime are increasing with terrible rapidity. Another
+remarkable illustration of this is to be found in the recent experience of
+Switzerland.</p>
+
+<p>By article thirty-one of the Swiss Constitution of 1874 freedom of trade
+is specially guaranteed. The same year as the new Constitution was
+approved, the canton of Argovie wanted to know if this clause would
+prevent it limiting the number of drink shops in its borders. The Federal
+Council replied that &#8220;the limitation of the number of drink shops is no
+longer possible, on account of the principle of liberty of commerce and of
+industry imposed by article thirty-one of the Constitution&#8221;.</p>
+
+<p>The result was an immediate and considerable increase in the number of
+cabarets in nearly every canton. From 1870 to 1880 the total of these
+establishments was raised by 22 per cent., and in Geneva there was a wine
+shop for every 70 people, the average for the whole country being one
+drink shop for every 130 inhabitants. The effects of this on the condition
+of the people were immediately apparent. The French have a saying &#8220;to
+smoke and to drink like a Swiss, and to get tipsy like a Pole&#8221;; but now
+the Swiss, never the most temperate<span class="pagenum"><a name="Page_114" id="Page_114">[Pg 114]</a></span> nation, showed signs of rapid
+deterioration through intemperance. At the recruitment of 1880 the Medical
+Commission reported that the number of young men found fit for military
+service was from 5 to 25 per cent. less than in 1873, and in some parts
+the number of men fit for service was as low as 21&middot;2 per cent. The
+Principal Medical Officer declared that the physical degeneration of the
+candidates was due to the evil effects of spirit drinking and drunkenness.
+The director of the Central Bureau of Charity stated that 80 per cent. of
+the applications of mothers and children for relief were brought about by
+the tippling of the father of the family. Sociologists pointed out that
+the nation was rapidly being destroyed by this one curse; and in order to
+obtain fuller details the Federal Assembly requested the Federal Council
+to make an inquiry into the matter. The report of the latter body, when
+issued, more than bore out the gloomy prognostications of the alarmists.
+From 1877 to 1881, 3285 patients were admitted to the public lunatic
+asylums, and of these 923 were brought there by alcoholism. There were 254
+deaths annually directly caused by excessive drinking. Out of 2560
+prisoners in cantonal penitentiaries, 1030 were found to be drunkards; and
+in eight reformatories 50 per cent. of the boys and 45 per cent. of the
+girls were found to be the children of parents one or both of whom were
+given to intoxication. In Switzerland there are a larger proportion of
+suicides than in any other civilised country, and the Commission found<span class="pagenum"><a name="Page_115" id="Page_115">[Pg 115]</a></span>
+that this was caused mainly by alcoholism. The Federal Council attributed
+the state of affairs to two reasons: (1) to the change in the economic
+condition of Switzerland owing to the introduction of railways; (2) partly
+to the fact that wine had become costly and inaccessible to the workmen,
+while at the same time spirits had become cheaper. Brandy was not only
+imported in great quantities from Germany, but was also manufactured on a
+large scale in industrial and domestic distilleries in Switzerland. The
+product of these small distilleries was specially dangerous, not only
+because of the alcohol it contained, but because of the crude and
+imperfect state of most of it. There was said to be between five and ten
+thousand domestic distilleries in the canton of Berne alone. To these
+causes, rather than to the increase of the shops for the sale of liquor,
+the Council attributed the increased alcoholism; but the popular opinion
+was against it on this point, and power was almost immediately afterwards
+given to the cantons to limit the number of public-houses. The chief
+recommendation of the Council was that steps should be taken to cheapen
+the price of beer and wine and to make spirits dearer.</p>
+
+<p>In order to accomplish this latter aim the Government caused a popular
+vote to be taken on the question whether the Constitution should be so
+altered as to permit the traffic in intoxicants to be subject to control.
+There was a two-thirds majority in favour of control, and soon afterwards
+a scheme was formulated for making the<span class="pagenum"><a name="Page_116" id="Page_116">[Pg 116]</a></span> manufacture of spirits entirely a
+State monopoly. This plan was started partly in the hope of checking
+drunkenness and providing the people with pure drink; but undoubtedly a
+cause that was very largely responsible for its initiation was the hope of
+securing an abundant revenue.</p>
+
+<p>Has the monopoly law been a success? Financially, yes; so far as ensuring
+the purity of the spirits sold, also yes; but for checking the consumption
+of strong drink it has been almost if not quite a failure. In saying this
+I am well aware that I express an opinion different from that of nearly
+every English writer on the subject, official and otherwise. Some at least
+of the data on which English writers have founded favourable opinions is
+partly unreliable and partly misleading. Thus in the (English) Foreign
+Office Report on Switzerland (No. 939) it was stated that the consumption
+of spirits in 1885, before the passing of the measure, amounted to 10&middot;26
+litres per head, and that this has been reduced by the monopoly to a
+little over 6 litres. Now it is impossible to say exactly what was the
+average consumption in 1885; but the monopoly itself, in its official
+returns, places the amount drunk per head that year, not at 10&middot;26 litres,
+but at 7&middot;25. The difference is enormous, and it must be remembered that it
+is rather to the interest of the monopoly to overstate than to understate
+the quantity drunk before it took over control. Moreover, from the figures
+for 1885 a by no means negligable amount must be deducted for that which,
+though reckoned in the<span class="pagenum"><a name="Page_117" id="Page_117">[Pg 117]</a></span> Swiss drink bill, was not consumed there but was
+smuggled to neighbouring countries.</p>
+
+<p>For the first year there was a great decrease. The total spirit drinking,
+including that illegally obtained, was officially estimated at 5&middot;50 litres
+per head, or less by one-quarter than in 1885. This was due principally to
+the rise in price of brandy. But since that year the total spirit bill has
+been steadily increasing. In 1890 it was 6&middot;27 litres a head, in 1891, 6&middot;32
+litres, and in 1892 (the last year for which returns are available), 6&middot;39
+litres. These figures include only the amount sold through the monopoly.
+To them must be added three unknown quantities,&mdash;first, the spirits made
+by the people at their own homes from fruit; secondly, a proportion of the
+amount sold by the monopoly for use in manufactures, etc., and mixed with
+special preparations to render it undrinkable, which is admittedly often
+so doctored by people of depraved tastes as to be made potable again; and,
+thirdly, the amount smuggled. Formerly, as was said, Swiss spirits used to
+be smuggled into neighbouring countries; but now, owing to the rise in
+prices through the monopoly, drink from other countries is smuggled into
+Switzerland.</p>
+
+<p>Those who claim for the State distilleries that they are potent forces in
+reducing the traffic in distilled liquors seem to mistake altogether their
+methods of working. The check to drunkenness has been produced, not by the
+State manufacturing drink, but by the prohibition of home manufacture and
+the increase in the price of<span class="pagenum"><a name="Page_118" id="Page_118">[Pg 118]</a></span> spirits. It is no longer possible now for
+the peasant woman to manufacture her fiery draught from potatoes, and to
+feed her little one on it in place of milk. The distilleries are not
+managed so as to check drinking (for with that they have nothing to do),
+but to supply the dealers with pure liquors. In fact, it is to be expected
+that people who can afford it will now drink more spirits than they once
+would. Before the monopoly, much of the brandy was crude, of bad quality,
+and most injurious. Now it is purified and excellent; and, while I cannot
+claim to be an authority on this point myself, I am informed by persons
+who do drink that they can consume much more of properly prepared spirits
+than they can of those that contain any quantity of fusel oil and other
+harmful substances.</p>
+
+<p>There were 1400 distilleries (besides the domestic stills) at the time the
+new plan was started; but these were all closed, with the exception of
+about three, compensation being paid to the owners. The establishments
+permitted to continue business are compelled to sell all their raw spirit
+to the R&eacute;gie at a fixed rate; and in order to protect home trade the R&eacute;gie
+is obliged to buy at least one-fourth of its spirits from native
+producers. No spirits can be imported by private individuals from foreign
+countries, except under strict conditions, and after a special tax has
+been paid on them. The monopoly minutely examines all liquor purchased by
+it; its purity is carefully ascertained, and then it is resold to retail
+dealers, either in the form of raw spirit or refined<span class="pagenum"><a name="Page_119" id="Page_119">[Pg 119]</a></span> and prepared with a
+bouquet to suit the public taste. The prices fixed by the R&eacute;gie are by no
+means high, but they are a decided increase on what were formerly charged.
+With this system of regulating the supply of spirits another was adopted
+at the same time of encouraging the consumption of beer and wine. The
+taxes on these drinks were remitted, and their sale made as free as
+possible from restriction. It was hoped that this would cause the people
+to use lighter drinks more; and though it has made little difference to
+the wine trade, it has greatly helped to increase the popularity of beer.</p>
+
+<p>Turning to the financial side of the business, the figures are almost
+enough to make any Chancellor of the Exchequer whose Budget shows a
+balance on the wrong side, become his own distiller. From June, 1887 (when
+the monopoly was started), till the end of 1888, the income was &pound;492,944,
+the expenditure &pound;294,631, and the profit remaining &pound;198,313. In 1890 the
+income had reached &pound;575,461, while the expenditure was &pound;308,976, and the
+profit &pound;266,485. For 1892 there was a still further all-round increase.
+The income was &pound;591,470, the expenditure &pound;360,321, and the profit
+&pound;271,149. A portion of the profits has to be put on one side each year to
+repay the preliminary outlay of purchasing plant and compensating the old
+distillers. This cost &pound;236,000, and it will be all paid off by 1898. A
+further sum has for a few years to be paid to several cantons in place of
+former revenues stopped by the creation of the monopoly; and what remains
+is used<span class="pagenum"><a name="Page_120" id="Page_120">[Pg 120]</a></span> for public purposes. Although the R&eacute;gie is entirely under the
+control of the Federal Government, the latter does not take any of these
+profits, but they are distributed among the cantons in proportion to their
+population, and used by them as ordinary cantonal revenue.</p>
+
+<p>One curious provision in the monopoly law is the stipulation that each
+canton shall devote one-tenth of the alcohol revenue for the purpose of
+promoting temperance. This vague provision has been interpreted by
+different bodies in various ways. In some parts the money is used for the
+relief of the poor, the maintenance of lunatic asylums, and the like; but
+there is growing up a strong conviction that it ought to be expended in
+more strictly temperance work, such as the financing of temperance
+societies, the cure and care of drunkards, and the instruction of children
+in the physiological effects of alcohol. By &#8220;temperance&#8221; the Swiss do not
+mean teetotalism, for total abstinence societies are almost unknown among
+them, the only one of any size being that of La Croix Bleue, which numbers
+some 4107 members and 2683 adherents.</p>
+
+<p>The monopoly is in many ways useful; and, if people must drink spirits,
+there seems no reason why the State should not profit from their folly by
+itself securing the immense gain that accrues to the manufacturer. But it
+is a misnomer to call it a temperance agency; for it is no such thing. If
+Switzerland is ever to shake off the curse of intemperance which is still
+on it, its people must take some more active steps against it. Many of<span class="pagenum"><a name="Page_121" id="Page_121">[Pg 121]</a></span>
+them are already realising this; and total abstinence societies, such as
+that of La Croix Bleue, are gradually spreading among its more thoughtful
+people. Strange to say, the first advocates of total abstinence in
+Switzerland were not so much the moral reformers who have adopted this as
+their own in other lands, as scientific men, who were led by their
+investigations to a firm conviction of the harmfulness and uselessness of
+alcohol. Religious and social reformers are now taking it up; but they are
+as yet a very small band, and they will need to do much before their cause
+makes much progress in Helvetia.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_122" id="Page_122">[Pg 122]</a></span></p>
+<h2><a name="CHAPTER_3.II" id="CHAPTER_3.II"></a>CHAPTER II.</h2>
+<h3>THE GOTHENBURG SYSTEM.</h3>
+
+<p>The Scandinavian licensing system has, during the last few years, received
+considerable attention from reformers in many lands; and rightly so.
+Whatever may be its faults, there is probably no other plan of liquor
+legislation of which it can be said that it has, in a comparatively short
+time, reduced the traffic in spirits by about three-quarters, without
+seriously discommoding the moderate drinkers, and without creating any
+illegal trade worth mentioning. There seems every likelihood that the
+system will, in a few years, spread far beyond the land of its inception.
+It satisfies the demand for increased State control, promises abundant
+revenue, and yet discourages the sale of liquor. A small body of public
+men in England are eager to have it adopted here; and acute observers in
+America declare that (provided no clauses in the State Constitutions are
+held to render it unlawful) it is almost certain to be tried there before
+long. A Bill has already been brought before the Massachusetts Legislature
+for the purpose of permitting such a trial, and has met with the approval
+of a considerable section of the people.</p>
+
+<p>Less than half a century ago, Sweden was the most<span class="pagenum"><a name="Page_123" id="Page_123">[Pg 123]</a></span> drunken civilised
+country in the world. Its laws permitted almost free trade in the
+manufacture and sale of spirits, and even the poorest peasants could
+obtain as much brandy as they wanted. All the horrors that ever follow
+habitual intemperance were to be seen throughout the land. The poverty of
+the people was great; social and moral degradation were prevalent;
+insanity and crime were dangerously on the increase; and there was a
+general air of hopeless desolation over the country. The average
+consumption of spirits has been variously estimated at from a little under
+six to ten gallons per head yearly; and the stuff, being
+home-manufactured, was of the crudest and most injurious quality.</p>
+
+<p>Patriotic Swedes soon began to look about for a remedy for the national
+curse. Dr. Weiselgren commenced a crusade against spirit-drinking with
+most remarkable results; and before long a hundred thousand persons had
+enlisted themselves under his banner in a league voluntarily abstaining
+from spirits. A still more general movement shortly afterwards took place,
+when people from all parts of the country petitioned Parliament to take
+some steps to check intemperance. In response, a law was passed in 1855
+abolishing domestic and small stills, and giving rural localities the
+control of the traffic, and the option of either having drink shops, or
+sweeping them away altogether. Where it was decided to still permit the
+sale of drink, the local authorities were authorised to limit the hours of
+sale, and the number of public-houses.</p>
+
+<p><span class="pagenum"><a name="Page_124" id="Page_124">[Pg 124]</a></span>The people at once made considerable use of their newly acquired powers.
+There had been over 33,000 distilleries in 1853; the same year as the Act
+passed they were reduced to between 3000 and 4000. The greater number of
+country districts elected to go under complete prohibition; and whereas
+formerly spirits could be bought in nearly every peasant&#8217;s house, there
+were now in the country districts less than 600 retail licences. The
+wholesale trade was not dealt with by the law.</p>
+
+<p>There were no two opinions as to the beneficial effects of the new measure
+in the country; but it was found that the towns did not share equally in
+these benefits. It had been considered inadvisable to extend the option of
+prohibition to towns, and before long the great mass of public-houses
+became centred in urban districts. In 1856, though the towns contained
+only twelve per cent. of the people, three-quarters of the total
+public-houses were to be found in them, and eight townsmen were convicted
+of drunkenness to every one countryman.</p>
+
+<p>The knowledge of these facts stirred the authorities up to see if nothing
+more could be done. In 1865 the Municipal Council of Gothenburg appointed
+a committee to inquire into the causes of pauperism. The committee
+reported that, &#8220;The worst enemy of the morals and well-being of the
+working classes in this community is brandy. Yet it is not the
+intoxicating liquor only and its moderate consumption which cause
+demoralisation and poverty; it is the disorder, evil example, temptations,
+and opportunities for every kind of iniquity with which <span class="pagenum"><a name="Page_125" id="Page_125">[Pg 125]</a></span>public-house life
+abounds, that contribute mainly to this unhappy state of things. Neither
+local enactments nor police surveillance can do much so long as
+public-houses are in the hands of private individuals, who find their
+profit in encouraging intemperance, without regard for age or youth, rich
+or poor.&#8221;<small><a name="f8.1" id="f8.1" href="#f8">[8]</a></small> The committee recommended that the trade should be taken out
+of the control of the publicans, and managed by a company for the good of
+the community. A philanthropic company was formed, in consequence of this
+report, by a score of the leading inhabitants of the place, for the
+purpose of taking over the trade. It was specially stipulated that neither
+shareholders nor managers should be pecuniarily interested in pushing the
+sales, and the company was to receive no profits except 6 per cent. on the
+paid-up capital, all receipts beyond this going to the town treasury. The
+amount of paid-up capital required has been under &pound;7000.</p>
+
+<p>The company commenced its work on 1st October, 1865; and the way it has
+since fulfilled its obligations is worthy of the highest praise. It has
+shown an honest desire to carry out the sale of spirits in such a way as,
+while meeting the legitimate wants of the moderate<span class="pagenum"><a name="Page_126" id="Page_126">[Pg 126]</a></span> drinkers, shall
+discourage excess in every possible way. It has consistently attempted to
+restrict rather than to encourage the trade in liquor. The magistrates
+have granted it sixty-one licences, but of these it only uses nineteen
+(although the population of the place is considerably over a hundred
+thousand) and allows the remainder to lie in abeyance. The law permits
+public-houses to be open till 10 at night, but the company closes its
+establishments at from 7:30 to 9 o&#8217;clock, according to the season of the
+year. It has opened five coffee-houses and reading-rooms, where no spirits
+are sold, and four eating-houses, where none are obtainable except the
+customary dram at meals. Generally it has shown a wise and patriotic
+disregard of that policy which would sacrifice everything for a favourable
+balance sheet.</p>
+
+<p>Each public-house is placed under the charge of a manager, who is
+expressly ordered not to encourage drinking in any way, and is warned that
+if he does so he will be dismissed. The company at first employed several
+of the old licensed victuallers and barmen; but before long it had to get
+rid of all of them, for they were so accustomed to encouraging tippling
+among their customers that they could not understand a system which
+forbade their doing it. The managers derive no direct or indirect profits
+from the sale of spirits beyond their stated salaries; and they have
+directions not to supply strong drink to young people, to those who show
+any signs of intoxication, or to those who require several drams in
+succession, or who pay repeated visits to the<span class="pagenum"><a name="Page_127" id="Page_127">[Pg 127]</a></span> public-houses at short
+intervals for the purpose of drinking. They are not allowed to give any
+credit for liquor. Besides selling drink, each house has to keep a supply
+of good hot and cold food, temperance drinks, cigars, and the like.
+Inspectors are appointed whose sole duty is to see that the managers
+conduct the trade properly.</p>
+
+<p>The four eating-houses at which spirits are sold only with meals are
+large, well conducted, and very popular. They cater almost exclusively for
+working men, and sell food at rates which put to shame even our own
+Lockharts and Pearces. A dinner of a large slice of pork, a sausage, four
+potatoes and gravy, costs under twopence halfpenny. When these houses were
+first opened nearly every customer took a dram with his meals, but now not
+more than half of them do so. The eating-houses do not quite pay their
+way, but are run at a loss of a little over &pound;200 a year. The company
+regards the money as well spent, for the places have a most beneficial
+effect in promoting temperance. The five free reading-rooms maintained by
+the company, in which no intoxicants (except small beer) are sold, cost
+between &pound;600 and &pound;700 a year to maintain. They are well supplied with
+papers and books, and visitors can obtain light refreshments of various
+kinds.</p>
+
+<p>In considering the effects of the Gothenburg system on the lives of the
+people, these two things must be borne in mind: First, the system only
+touches the trade in spirits, and has nothing to do with the sale of beer.
+This latter is almost free, and has been rather encouraged<span class="pagenum"><a name="Page_128" id="Page_128">[Pg 128]</a></span> by the
+authorities than otherwise, under the mistaken notion that it would lessen
+the demand for stronger drink. Of wine and beer shops, licensed for
+consumption on the premises, there are 128, besides an unlimited number
+for consumption off the premises, requiring no licences. A large amount of
+the drunkenness in Gothenburg is caused by these beer shops. The police
+there ascertain, when a person is arrested for drunkenness, where he
+obtained his liquor; and from their returns it can be seen that the
+intoxication produced by beer is steadily increasing. In 1875 the number
+of persons arrested who drank last at beer saloons was 130; by 1885 the
+number had increased to 483; and in 1889 the number was 753.</p>
+
+<p>A second important consideration in estimating the results of the system
+is the fact that even the whole trade in spirits is not in the hands of
+the company. There are seventeen restaurants, licensed by permission of
+the company, and managed by private individuals, which sell intoxicants.
+There are also five public-houses whose owners have the ancient right of
+carrying on the business, and with whom the company cannot interfere. Last
+of all, there are twenty-three wine merchants, who take out expensive
+licences from the company, for the sale of spirits off the premises.</p>
+
+<p>Whatever deductions are drawn from the condition of the town as to the
+results of the system, considerable allowance must be made for the fact
+that the whole of the liquor traffic is not conducted by the company.<span class="pagenum"><a name="Page_129" id="Page_129">[Pg 129]</a></span>
+Perhaps the most outstanding evidence in favour of the system is this,
+that, not only are the people of the place well satisfied with it, but
+seventy-six other towns in Sweden have been led by it to adopt the same
+plan, and only thirteen places still retain the old method of selling the
+licences to private bidders. In Norway, too, the spirit trade is now
+conducted in nearly every town in substantially a similar way.</p>
+
+<p>In discussing the effects of any liquor law it is never an easy task to
+decide how far social changes or effects are the cause of it, or how far
+they are due to other and entirely different economic causes. Immediately
+after the establishment of the company there was a great decrease in the
+consumption of drink and its attendant evils in Gothenburg; but this was
+due quite as much to the depression of trade as to anything else.
+Afterwards there was an increase of drinking, for trade greatly improved.
+It would be inaccurate either to wholly lay the cause of the decrease to
+the credit of the company or to blame it for the increase.</p>
+
+<p>The following returns show the amount of drunkenness in Gothenburg during
+a few selected years:&mdash;</p>
+
+<table border="0" cellpadding="0" cellspacing="5" summary="table">
+<tr><td>&nbsp;</td><td>&nbsp;</td><td><span class="spacer">&nbsp;</span></td><td colspan="2" align="center">Arrests for Drunkenness.</td></tr>
+<tr><td align="center">Year.</td>
+    <td align="center">Population.</td><td>&nbsp;</td>
+    <td align="center">Total.</td>
+    <td align="center">Percentage.</td></tr>
+<tr><td align="center">1855</td>
+    <td align="center">44,804</td><td>&nbsp;</td>
+    <td align="center">3431</td>
+    <td align="center">13&middot;8</td></tr>
+<tr><td align="center">1865</td>
+    <td align="center">45,750</td><td>&nbsp;</td>
+    <td align="center">2070</td>
+    <td align="center">4&middot;5</td></tr>
+<tr><td align="center">1875</td>
+    <td align="center">59,986</td><td>&nbsp;</td>
+    <td align="center">2490</td>
+    <td align="center">4&middot;2</td></tr>
+<tr><td align="center">1885</td>
+    <td align="center">84,450</td><td>&nbsp;</td>
+    <td align="center">2475</td>
+    <td align="center">2&middot;9</td></tr>
+<tr><td align="center">1891</td>
+    <td align="center">104,215</td><td>&nbsp;</td>
+    <td align="center">4624</td>
+    <td align="center">4&middot;4</td></tr>
+<tr><td align="center">1892</td>
+    <td align="center">106,356</td><td>&nbsp;</td>
+    <td align="center">4563</td>
+    <td align="center">4&middot;3</td></tr></table>
+
+<p><span class="pagenum"><a name="Page_130" id="Page_130">[Pg 130]</a></span>It is not possible to give any reliable returns as to the amount of
+spirits consumed in Gothenburg. The sales of the company only represent
+part of the total quantity sold in the place, and all that the company
+sells is not consumed there. Much of it is bought by country people, who
+take it back with them to their own homes. The returns of the company show
+a fairly steady decrease. Thus in 1874-5 the total sales amounted to 29
+quarts per head; in 1884-5, 19&middot;1 quarts; and in 1891-2, only 14&middot;3 quarts.</p>
+
+<p>Financially, the company has from the first been a great success. It need
+not have ever called up a penny of its capital, had not the law required
+this to be done; and every year it has been able to hand over a very large
+surplus to the town, to be used for public purposes. In 1892 (the last
+year for which, at the time of writing, returns are available) the amounts
+paid to the city treasury were: (1) fixed fee for bar trade and retail
+licences, &pound;15,632; (2) surplus profits, after paying all expenses,
+&pound;21,868, or a total of &pound;37,500. This amounted to the equivalent of over
+7s. a head for every man, woman and child in the place. Formerly the city
+retained the whole of the surplus profits for its own benefit; but this
+created considerable dissatisfaction, and at last an alteration was made
+by which the municipality now only receives seven-tenths, the national
+treasury appropriating two-tenths, and the remaining tenth going to the
+country districts.</p>
+
+<p>In Gothenburg the whole of the amount received by<span class="pagenum"><a name="Page_131" id="Page_131">[Pg 131]</a></span> the municipality goes
+for the relief of local taxation. This has been felt by many to embody a
+dangerous principle, as giving the city authorities a direct interest in
+the encouragement of drinking. To avoid this, the plan has been adopted in
+Norway of devoting the surplus, not to relieving the rates, but to helping
+charitable and philanthropic non-rate-aided enterprises.</p>
+
+<p>The most notable example of the Norwegian plan is the town of Bergen. A
+liquor company was formed here in 1876, at the suggestion of the local
+magistracy, and it commenced business at the beginning of 1877. Not only
+is the distribution of profits here different, but the management of the
+houses varies too. In Gothenburg the aim has been to make the dram shops
+comfortable and attractive; in Bergen, on the contrary, the aim has
+apparently been to render them as uncomfortable and as repulsive as
+possible. Each house consists solely of a bar for the sale of liquor;
+nothing but liquor is sold, and when a person has consumed what he ordered
+he must go. No seats are provided, and customers are forbidden to loiter
+about the premises. This sternly repressive policy does not seem to have
+had a remarkable effect on the consumption of spirits; for whereas in 1877
+the average sales per head came to 7&middot;1 quarts, they were only reduced to
+6&middot;1 quarts in 1891; and this notwithstanding the fact that the average
+consumption for the whole of the country had been reduced in the same time
+from 6&middot;3 quarts to 3&middot;3 quarts. The number of arrests for drunkenness in
+Bergen in 1877 and 1891 was<span class="pagenum"><a name="Page_132" id="Page_132">[Pg 132]</a></span> about the same; but a largely increased
+population in the latter year makes this show that the proportionate
+intoxication was really less. From the time of its commencement up to
+1890, the Bergen company was able to distribute &pound;69,731 among local
+philanthropic societies, and the recipients of its bounty have included
+all kinds of works for the common weal, museums, training ships,
+hospitals, a rescue society, orphanages, a tree-planting society, a fund
+for sea baths for the poor, temperance organisations, and the like. The
+profits which would otherwise have gone to enrich a few have thus been
+scattered about doing good to the many.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_133" id="Page_133">[Pg 133]</a></span></p>
+<h2><a name="Part_IV" id="Part_IV"></a><span class="smcap">Part IV.</span></h2>
+<h2>ENGLAND.</h2>
+<p>&nbsp;</p><p>&nbsp;</p>
+<h2><a name="CHAPTER_4.I" id="CHAPTER_4.I"></a>CHAPTER I.</h2>
+<h3>THE GROWTH OF THE LICENSING SYSTEM.</h3>
+
+<p>The English are often said to be the most drunken among civilised nations;
+but, like many other constantly repeated statements, this is not correct.
+Denmark, Belgium and Russia certainly take the precedence of us in this
+matter; and it is an open question if alcoholism is not doing at least as
+much harm in northern and central France and Switzerland, as in the
+British Isles. The casual visitor to our lively neighbour sees but little
+open intoxication, and consequently assumes that France is a sober
+country. But those who have gone beneath the surface, and examined the
+results as recorded in the statistics of prisons and asylums, know that
+intemperance is rapidly becoming a national plague there.</p>
+
+<p>While we may not be the worst offenders in this respect, it is yet
+undoubted that alcoholism is the greatest source of social misery in our
+land. Theorists may quarrel among themselves as to the exact proportion of
+poverty and crime produced by intemperance; but no thinking<span class="pagenum"><a name="Page_134" id="Page_134">[Pg 134]</a></span> man who is
+not altogether shut out from association with his fellows can doubt the
+awful ravages it is producing. We do not require to have it proved to us
+by figures; we only need to open our eyes and to use such brain power as
+we may possess to have the proof forced on us. Among the fashionable rich,
+among the idle women of upper middle-class families, as well as in our
+slum population, intemperance is doing a work of destruction before which
+the results of the most fatal diseases seem hardly worth notice.</p>
+
+<p>Most of us would gladly be optimists on this subject, if hard facts would
+only let us; but it is useless to indulge in an idle optimism, which
+suffers us to do nothing when the need of our services is greatest. It is
+accepted by many as an undeniable fact that we are steadily becoming a
+more sober people; but, unfortunately, statistics do not bear out this
+view. In some ways temperance has made great advances. Drunkenness is no
+longer looked upon as an amiable weakness, but as a serious offence
+against society and against oneself. The days of the three-bottle men are
+over, let us hope never to return; and the incessant drinking among
+friends that was common not many years ago is now little seen. Over
+one-sixth of the people have entirely abandoned the use of strong drink;
+everywhere active temperance societies are working hard to promote
+sobriety; the conditions of life have become infinitely brighter and
+easier for the great mass of wage earners; education has become universal,
+and the sale of alcohol has been placed under greater restrictions. Yet,<span class="pagenum"><a name="Page_135" id="Page_135">[Pg 135]</a></span>
+notwithstanding all this, the drink trade was never so strong as it is
+to-day. Within fifty years the amount spent on liquor has almost doubled;
+though the police rarely arrest a drunken person except when outrageously
+disorderly, nearly 200,000 men and women are brought before the
+magistrates each year for intoxication;<small><a name="f9.1" id="f9.1" href="#f9">[9]</a></small> and the number of deaths caused
+through inebriety cannot be estimated at a lower figure than 40,000 a
+year.</p>
+
+<p>The Saxon chronicles tell how Edgar the Peaceable, acting on the advice of
+Archbishop Dunstan, determined to do something to check that drunkenness
+which was, the same a thousand years ago as to-day, all too prevalent on
+this island. He reduced the number of ale houses<span class="pagenum"><a name="Page_136" id="Page_136">[Pg 136]</a></span> to one in each village,
+and had pegs put in the drinking cup to mark the amount that any person
+might consume at one draught. These drinking cups held about a couple of
+quarts each; and, if tradition speaks truly, it was no uncommon thing for
+men to finish up the whole of this quantity without once taking their lips
+from the vessel. By the law of Edgar, eight pegs were placed in each cup,
+and heavy penalties were provided for any person who dared to drink
+further than from one peg to another at a time. Edgar&#8217;s efforts were not
+crowned with much success. The law restricting the number of public-houses
+was not long observed; and the draught limit led, in the end, to an
+increase in the evil it was designed to check.</p>
+
+<p>After this attempt the trade was allowed to go on almost without
+restriction till the end of the fifteenth century; but then the evils
+caused by it became too apparent to be longer passively borne. In the year
+1494, power was given to any two justices of the peace to stop the common
+selling of ale; and fifty-eight years later, in the reign of Edward VI., a
+serious attempt was made to grapple with the trade. Parliament complained
+that &#8220;intolerable hurts and troubles to the commonwealth of this realm
+doth daily grow and increase through such abuses and disorders as are had
+and used in common ale houses or other houses called &#8216;tippling houses&#8217;;&#8221;
+and in order to check these evils it passed various laws for the
+regulation of public-houses. This act is the foundation of our present
+licensing laws, and the three<span class="pagenum"><a name="Page_137" id="Page_137">[Pg 137]</a></span> main lines which it laid down for the
+limitation of the business have continued to be observed ever since. These
+are: (1) that the retail trade in intoxicants is an exceptional business,
+which the State can only permit to be carried on by duly licensed persons;
+(2) that the power of granting licences lies with the justices of the
+peace; and (3) that the magistrates have power, when they think fit, to
+take away such licences.</p>
+
+<p>Notwithstanding this Act, the national drunkenness showed no signs of
+decreasing; and when James I. came to the throne fresh efforts were put
+forth to check it. For many years past the inns had been steadily changing
+their character; and from being places of rest and refreshment for
+travellers they had become principally tippling houses. So a measure was
+passed &#8220;to restrain the inordinate haunting and tippling in inns&#8221;.
+According to the preamble of the Act, &#8220;the ancient, true and principal use
+of inns was for the receipt and relief and lodging of wayfaring people
+travelling from place to place; and for the supply of the wants of such
+people as are not able by greater quantities to make their provision of
+victuals; and not meant for the entertainments and harbouring of lewd and
+idle people, to spend and consume their time in lewd and drunken manner&#8221;.</p>
+
+<p>To prevent this improper use of the taverns, various stringent regulations
+were made. No resident in the district or city where any inn was situated
+was allowed to remain drinking in it unless (1) he was invited by<span class="pagenum"><a name="Page_138" id="Page_138">[Pg 138]</a></span> and
+accompanied some traveller staying at the inn; (2) he was a labourer, in
+which case he would be allowed to stay at the inn for an hour at dinner
+time; (3) he was a lodger; or (4) unless he was there for some other
+urgent and necessary cause, allowed to be such by two magistrates. A
+ten-shilling fine, to go to the poor, was the punishment for breaking this
+law.</p>
+
+<p>Two years later, a further Act was passed for the prevention of
+drunkenness. According to the preamble, &#8220;The loathsome and odious sin of
+drunkenness is of late grown into common use, being the root and
+foundation of many other enormous sins, as bloodshed, stabbing, murder,
+fornication, adultery, and such like, to the great dishonour of God and of
+our nation, the overthrow of many good arts and manual trades, the
+disabling of divers workmen, and the general impoverishing of many good
+subjects, abusively wasting the good creatures of God&#8221;. This time it was
+provided that any person found drunk should be fined five shillings, or
+confined in the stocks for six hours. In 1609 a further Act was passed
+dealing with the matter, in which it was admitted that no success had
+attended the former attempts. &#8220;Notwithstanding all laws and provisions
+already made, the inordinate vice of excessive drinking and drunkenness
+doth more and more prevail.&#8221; In order to more effectually suppress it,
+heavier penalties were provided, the landlord who permitted tippling was
+to lose his licence, and less evidence was required to secure a
+conviction. Not long afterwards the penalties were again increased.</p>
+
+<p><span class="pagenum"><a name="Page_139" id="Page_139">[Pg 139]</a></span>It is notorious that all these measures failed to effect their purpose.
+But the country was soon to learn that difficult as it may be to promote
+sobriety by law, it is easy enough for Parliament to encourage and promote
+drunkenness. Soon after William and Mary came to the throne, the nominal
+policy of previous reigns was altered, with immediate and overwhelming
+results. Formerly almost all the spirits used in England had been imported
+from the continent, and the conditions under which their manufacture could
+be carried on at home were such as to keep the business very small. But in
+1689 Parliament changed this. The Government was in great need of money to
+meet the plots of traitors at home and carry on its campaigns abroad; and
+it was thought that a considerable revenue might be obtained by
+encouraging the home spirit trade. Accordingly, the importation of
+distilled waters from foreign countries was prohibited, and the right to
+manufacture them was thrown open to all, subject merely to the payment of
+certain excise dues. The natural consequence was that the price of spirits
+fell so greatly as to place them within the reach of all classes. Before
+long dram drinking had, to use the expression of Lecky, &#8220;spread with the
+rapidity and the virulence of an epidemic&#8221;. The results of free trade in
+drink were visible all over the land. Gin shops arose in all directions in
+every large town; and in London there were, outside the city and the
+borough, over 6000 spirit dealers to a population of 700,000. In less than
+fifty years the consumption of British spirits rose sevenfold;<span class="pagenum"><a name="Page_140" id="Page_140">[Pg 140]</a></span> and
+everywhere the same tale was heard of the ruin it was bringing on all
+classes. It was at this time that the gin dealers hung out signs
+announcing that customers could get drunk for a penny, dead drunk for
+twopence, and have straw to lie on for nothing. Nor was this a mere boast;
+for many of the innkeepers actually provided rooms whose floors were
+covered with straw on which the intoxicated customers could lie until they
+recovered consciousness.</p>
+
+<p>Such a condition of affairs could not be long permitted to continue.
+Parliament, alarmed at the results proceeding from its own action, set
+about for a remedy. As a first step, dealers in spirits were compelled to
+obtain licences, like ale house keepers; an annual charge of &pound;20 was
+placed on the spirit licence, and the principle was introduced of having
+the licences renewed annually. But the change was made too suddenly, and
+the licence fee was too high; and this resulted in an extensive illicit
+trade springing up. In order to stop this, Parliament repealed the Act and
+passed another, forbidding the sale of spirits except in a dwelling-house,
+under a penalty of &pound;10. That is to say, every householder was given leave
+to sell drink in his own home.</p>
+
+<p>The last state was worse than the first. In 1736 the magistrates of
+Middlesex petitioned Parliament, stating forcibly the terrible results
+from the state of the law. A Parliamentary Committee was appointed to
+consider the whole matter; and it reported that the low price of
+spirituous liquors was the principal inducement to their<span class="pagenum"><a name="Page_141" id="Page_141">[Pg 141]</a></span> excessive use;
+and that, in order to prevent this, a duty should be placed on strong
+drink, and the right to vend it should be restricted. The same year the
+Government passed the famous Gin Act, a measure so stringent as to
+practically prohibit the sale of spirits. No person was allowed to dispose
+of them unless he had paid an annual licensing fee of &pound;50; and the penalty
+for breaking the law was a fine of &pound;100. A tax of twenty shillings a
+gallon was also placed on all spirits manufactured.</p>
+
+<p>The Gin Act came too late. The passion for spirits had become firmly
+rooted among the people, and they would not consent to have their supplies
+cut off. They rose against the officers appointed to carry out the Act,
+and in many of the larger towns there was for some time danger of
+rebellion. The legal sale of proof spirits dropped in a year to two-thirds
+of its former proportions; but an immense illicit trade was carried on,
+which far more than balanced the reduction. All the power at the back of
+the Government was not enough to obtain the enforcement of this measure,
+though the magistrates made strenuous efforts to carry it out. In two
+years 12,000 persons were convicted of breaking the law, but all the
+prisons of the country would have failed to hold a tithe of those who
+openly set it at defiance. The excise officers were held in general
+detestation, and informers or any who dared to appear in excise
+prosecutions went in danger of their lives. At last the Government had to
+give way, and in 1742 the Act was repealed.</p>
+
+<p>In 1828 the various Acts relating to the licensing of<span class="pagenum"><a name="Page_142" id="Page_142">[Pg 142]</a></span> public-houses were
+consolidated, and the control of them was made more stringent. Two years
+later a new and most unfortunate departure was taken. With the hope of
+causing people to abandon the drinking of spirits, Parliament determined
+to encourage the sale of beer; and an Act was passed permitting any
+householder to open a beer shop on paying an excise fee of two guineas.
+The consumption of beer rose twenty-eight per cent. in consequence; but it
+was soon found that this, in place of checking the rush to spirits, aided
+it; and the increase in the spirit trade was even greater than that in
+beer. The number of houses for the sale of intoxicating liquors rose from
+88,930 to 123,396; and many old inns, that formerly had been respectably
+conducted, were now driven by the stress of competition to very doubtful
+means for the promotion of their trade. At the same time crime showed a
+great increase, and, to quote from a Report of a Committee of the House of
+Lords, &#8220;The commitments for trial in England and Wales in the years
+1848-49 were, in the proportion to those of 1830-31, the two first years
+after the enactment of the Beer Act, of 156 to 100; that this is not a
+mere casual coincidence the Committee have the strongest reasons to
+believe from the general evidence submitted to them, but more especially
+from that of the chief constables of police and the chaplains of gaols,
+who have the best opportunities, the one of watching the character of the
+beer shops and of those who frequent them, the other of tracing the causes
+of crime and the career of criminals&#8221;.</p>
+
+<p><span class="pagenum"><a name="Page_143" id="Page_143">[Pg 143]</a></span>The Report of a Committee of the House of Commons in 1854 was still more
+emphatic. &#8220;The beer shop system,&#8221; it said truly, &#8220;has proved a failure.&#8221;</p>
+
+<p><i>Off Licences.</i>&mdash;Through legislation introduced by Mr. Gladstone early in
+the &#8220;sixties,&#8221; persons are now permitted to sell spirits, wine or beer in
+bottles, for consumption off the premises, on payment of a small licence
+fee. Previous to then it was illegal for any spirit merchant to supply
+less than two gallons at a time. The new law has led to a considerable
+trade in strong drink through grocers, and it has been estimated that the
+off licence holders supply about five per cent. of spirits sold. This
+departure has been the object of very considerable opposition from both
+publicans and temperance advocates. The publicans naturally object to
+having a large part of what was their monopoly thrown open to almost free
+competition; and temperance advocates declare that the off licences are
+very largely responsible for the rapid increase of intemperance among
+women. It is said that many who would not venture to go to a public-house
+to order what they want, quietly and secretly obtain their supplies
+through the grocer, and are able to indulge at home without restraint.
+Innumerable clergymen and doctors declare that, to their personal
+knowledge, these facilities have largely promoted female intemperance. But
+in the very nature of the thing, these statements, while worthy of all
+attention, are not capable of ordinary proof. The only way they could be
+shown to be true would be by naming a large number of cases,<span class="pagenum"><a name="Page_144" id="Page_144">[Pg 144]</a></span> with names
+and addresses, and submitting them for examination. Naturally neither
+clergymen nor doctors can do this; for it would be impossible for them to
+make public the secrets of persons whose inner histories they learn in
+their professional administrations. It was this that caused the failure of
+the temperance party to convince the Committee of the House of Lords, in
+1879, as to the harmfulness of the off licences. In its Report, the Lords&#8217;
+Committee made this statement about the matter:&mdash;</p>
+
+<p>&#8220;The question which the Committee have had to consider is, not whether
+some cases of intemperance may be traced to the purchase of spirits at
+grocers&#8217; shops, but whether any general increase of intemperance can be
+attributed to grocers&#8217; licences. After the examination of many witnesses
+on the point, and after the best inquiries they could make, the Committee
+have obtained very little direct evidence in support of this view; and the
+conclusion they have come to is, that upon the whole there have been no
+sufficient grounds shown for specially connecting intemperance with the
+retail of spirits at shops as contrasted with their retail at other
+licensed houses.&#8221;</p>
+
+<p><i>Sunday Closing.</i>&mdash;Sunday closing now prevails over almost the whole of
+the empire, with the exception of England itself. It is in force in nearly
+every colony, and in Scotland, Wales and Ireland. For the latter country
+an Act was passed in 1877, granting this measure to the whole island,
+except Dublin, Cork, Belfast,<span class="pagenum"><a name="Page_145" id="Page_145">[Pg 145]</a></span> Limerick and Waterford, for the space of
+four years. The Act was looked upon as purely experimental; but it
+operated so successfully that it has since been renewed, year by year, as
+an annual measure. Many efforts have been made to place it on a permanent
+basis, and to include the five exempted cities in its scope. Both
+Protestants and Catholics are agreed as to its necessity, and leading
+statesmen of both parties have testified to its beneficial effects.</p>
+
+<p>In 1888, when Mr. T. W. Russell brought before the House a Bill to make
+Sunday closing permanent and general in Ireland, the opponents of the
+measure obtained the appointment of a Committee to inquire into the
+results of the Act. After a most exhaustive inquiry this Committee
+reported in favour of it, and recommended&mdash;</p>
+
+<p>(<i>a</i>) That all drink shops in Ireland close at nine <span class="smcaplc">P.M.</span> on Saturdays.</p>
+
+<p>(<i>b</i>) That the present Irish Sunday Closing Act be made permanent, and
+include the five hitherto exempted towns.</p>
+
+<p>(<i>c</i>) That the distance requisite for a person to travel to qualify as a
+<i>bon&acirc;-fide</i> traveller entitled to purchase refreshments be increased from
+three miles to six.</p>
+
+<p>This was a great triumph for the Sunday closers. In the words of Mr. A. J.
+Balfour, &#8220;it was not unfair to say that the whole weight of evidence, with
+comparatively insignificant exceptions, was in favour of the continuance
+of Sunday closing in Ireland, and of the adoption of Saturday closing
+after nine o&#8217;clock. The people who<span class="pagenum"><a name="Page_146" id="Page_146">[Pg 146]</a></span> gave evidence were not drawn from one
+class of the community, but they represented every class and every section
+of opinion.&#8221;</p>
+
+<p>Since then Acts have been brought in year after year embodying these
+recommendations; but although supported by the Government it has never
+been found possible to carry them, chiefly on account of the congested
+condition of business in the Commons.</p>
+
+<p>In Scotland Sunday closing has been in force under the &#8220;Forbes-Mackenzie
+Act&#8221; since 1854. It works on the whole very successfully, as might be
+expected from the fact that in all things Scotland is strongly a
+Sabbath-observing country. In Wales this law has also been in force since
+1882. It is admitted to be a fair success in the interior of Wales; but
+great difficulty has been found in enforcing it in Cardiff, and along the
+border line between England and Wales. In Cardiff a very large shebeen
+trade has sprung up, and a number of clubs have been established for the
+avowed purpose of supplying their members with liquor on Sundays.</p>
+
+<p>In 1889, in consequence of many statements that were in circulation
+declaring Sunday closing in Wales to be a failure, the Government
+appointed a Royal Commission, presided over by Lord Balfour of Burleigh,
+to inquire into the matter. To the great surprise of many, the Commission
+reported in favour of the Act, and declined to recommend either
+modification or repeal of it, stating that &#8220;a change in this direction
+would be unwelcome to a vast majority of the population&#8221;.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_147" id="Page_147">[Pg 147]</a></span></p>
+<h2><a name="CHAPTER_4.II" id="CHAPTER_4.II"></a>CHAPTER II.</h2>
+<h3>LICENSING REFORM.</h3>
+
+<p>Plans for the reform of the licensing laws are legion, and more Bills are
+brought before the House of Commons year by year dealing with this matter
+than with any other. To describe every one of these plans would be
+wearisome and useless. It will answer every purpose to confine this
+chapter to the chief measures proposed within this last quarter of a
+century.</p>
+
+<p><span class="smcap">Mr. Bruce&#8217;s Bill.</span>&mdash;No more careful or more thorough attempt has been made
+to change the licensing laws than that introduced by Mr. Bruce (now Lord
+Aberdare), who, as Home Secretary to the Liberal Government, framed a Bill
+on the subject in 1871. In bringing it before the House of Commons he laid
+down five propositions, as leading principles which he thought might be
+expected to receive the assent of all the members. They were:&mdash;</p>
+
+<p>1. That under the existing system of licensing, far more licences have
+been issued than are required by public convenience, there being one to
+every 182 people.</p>
+
+<p>2. That the present mode of issuing licences is unsatisfactory, no
+guidance being given to the magistrates either as to the number to be
+issued or the respectability<span class="pagenum"><a name="Page_148" id="Page_148">[Pg 148]</a></span> and the responsibility of the persons
+seeking to be licensed.</p>
+
+<p>3. That no sufficient guarantees are taken as to the orderly management of
+public-houses or their supervision.</p>
+
+<p>4. That the laws against adulteration are insufficient, and, such as they
+are, are imperfectly enforced.</p>
+
+<p>5. That the hours during which public-houses are allowed to be open admit
+of reduction without interfering with the liberty or the material
+convenience of the people generally.</p>
+
+<p>To these he added two other propositions, on which he did not expect such
+unanimous agreement. (1) That the public have a right to be supplied with
+places of refreshment sufficient in number, convenient, and respectably
+conducted. (2) That all existing interests, however qualified the
+interests may be, are entitled to just and fair consideration.</p>
+
+<p>On the basis of these propositions he built up a plan which still deserves
+the careful attention of all licensing reformers. The leading principles
+of it were as follows: The licensing powers were to still be retained by
+the magistrates, and no liquor licences were to be issued without their
+certificates. All old licences were to remain in force for ten years from
+the passing of the Act, as of right, and then they were to absolutely
+lapse. New licences were to be granted on a novel plan. The justices would
+meet together before the licensing day, and would decide on the number of
+new licences to be<span class="pagenum"><a name="Page_149" id="Page_149">[Pg 149]</a></span> issued, altogether apart from the question of to whom
+they were to be given. If the number of public-houses in the
+neighbourhood, when the proposed new establishments had been added, did
+not exceed a certain fixed scale, then the decision of the magistrates
+would be final. If, however, the new licences would bring the total above
+that proportion, then it would be necessary to take a vote of the
+ratepayers as to whether the increase should be permitted or not, and the
+majority of those voting would decide. The scale was, in towns, one
+licensed house for 1500 people and under, two houses for up to 3000
+people, and one more for every additional 1000; in the country, one
+licensed house for 900 people and under, two for up to 1200, three for up
+to 1800, and one more for every additional 600 inhabitants.</p>
+
+<p>When the number of new licences to be issued had been fixed, they were to
+be put up to public auction, and sold to the highest bidders, one person
+having power to buy any number or all of them. The purchaser would be
+allowed to select his own house for carrying on the business, provided it
+was within the limits of the district; but before receiving his licence he
+would have to obtain a certificate from the magistrates that the premises
+chosen were suitable for the purpose, and that the proposed manager was a
+proper person. It would not be necessary for the licence-holder to be his
+own manager. All licences so purchased were to be renewed annually, as of
+right, for ten years after the passing of the Act, except when forfeited
+by misconduct.</p>
+
+<p><span class="pagenum"><a name="Page_150" id="Page_150">[Pg 150]</a></span>At the end of ten years, when all licences, old and new, were about to
+lapse, the magistrates would decide anew what the number of public-houses
+in their neighbourhood should be. If they decided to exceed the statutory
+limits, then it would be necessary to poll the ratepayers and obtain their
+sanction to the proposal; but if the number proposed by them was not in
+excess of those limits, then this need not be done. The licences would
+again be put up for sale for another ten years, and the same process would
+be repeated at the end of each decade. In the case of eating-houses and
+beer and wine licences for refreshment-rooms these regulations would not
+apply, but the magistrates might grant licences at their discretion. Nor
+would they apply to houses selling drink for consumption off the premises
+only; for these, the justices would grant certificates, on certain
+conditions being observed by the applicants.</p>
+
+<p>The control of drink shops was to be made much stricter. A second
+conviction for serious breaches of the law would lead to forfeiture of the
+licences, without choice on the part of the magistrates. Every conviction
+must be recorded on the back of the licensing certificates; and on the
+police penalties for offences under the Act amounting in three consecutive
+years to &pound;65, or in five years to &pound;100, the licence would be taken away.</p>
+
+<p>In order to secure the better enforcement of the law an entirely new body
+of inspectors was to be created. These should be quite independent of the
+local authorities, and their sole duty would consist of supervising the<span class="pagenum"><a name="Page_151" id="Page_151">[Pg 151]</a></span>
+liquor sellers. There was to be one inspector-in-chief; England and Wales
+would be divided into counties with an inspector for each, and every large
+town and district would have a superintendent, under whom there would be a
+carefully selected and well-paid body of men. &#8220;The police cannot properly
+and ought not to be entrusted within the walls of a public-house,&#8221; Mr.
+Bruce said. &#8220;It is utterly impracticable to have a proper system of
+inspection if steps are not taken to make the inspection more efficacious;
+and efficient inspection can in my opinion be conducted only by a body of
+men altogether independent of the police.... They will be ... specially
+charged with the duty of seeing that no offence is committed in a
+public-house which is prohibited by law.&#8221; The cost of this inspection was
+to be defrayed from the licence fees.</p>
+
+<p>Finally, the Bill contained clauses specially directed against
+adulteration. Samples of the liquors sold were to be frequently taken and
+analysed at Somerset House laboratory. When it was found that any
+injurious ingredients had been mixed with them, the seller would be
+liable, for a first offence, to a fine of &pound;20 or imprisonment for one
+month, with or without hard labour; and, for a second offence, to a fine
+of &pound;100 or three months&#8217; hard labour, and forfeiture of licence.</p>
+
+<p>Mr. Bruce&#8217;s proposals fell like a bomb among the brewers and publicans.
+They realised that the time had now come when they must fight for their
+very existence; and fight they did. Temperance meetings were broken<span class="pagenum"><a name="Page_152" id="Page_152">[Pg 152]</a></span> up
+all over the country, every tap-room became the centre of a campaign
+against the Government, and all the liquor sellers and their adherents
+became unswerving Tories in a day. Intense pressure was brought to bear on
+individual members, and the Government became the object of most intense
+hostility. There was not, at that time, the strong sentiment throughout
+the country in favour of restrictive legislation which is to be found now;
+and every bar parlour was used as the headquarters and meeting house of a
+propaganda to convince working men that the Bill was a measure aimed
+against the liberty of the people. The <i>Times</i>, to the surprise of many,
+gave Mr. Bruce its warmest support, and day by day did its best to
+strengthen the hands of the Government. The great body of middle-class
+people, too, were inclined to approve of the measure. But the forces
+against it were too strong; and after a few weeks the Ministry gave way,
+and it was announced that, owing to the time that had been wasted over the
+Budget, there would be no opportunity of proceeding with the measure that
+Session.</p>
+
+<p>What were the teetotalers doing all this time? Where was the United
+Kingdom Alliance? Where were the hundred and one other bodies that had
+been clamouring for years for reform? Here was a Ministry that had been
+bold enough to risk office in order to promote temperance; surely it had a
+right to look to the temperance party for cordial support! If it looked,
+however, it looked in vain, for the influence of the teetotalers was worse
+than thrown<span class="pagenum"><a name="Page_153" id="Page_153">[Pg 153]</a></span> away in this struggle. The United Kingdom Alliance was so
+busy promoting petitions in favour of a Permissive Bill which every one
+knew had no chance of success, that it had no energy to spare for helping
+on the Government. It officially announced that its attitude was one of
+&#8220;friendly neutrality&#8221;; and when the secretary of the Alliance was urged by
+the <i>Leeds Mercury</i> to support the Bill, he replied that &#8220;it (the drink
+trade) ought not to be sanctioned by law, nor tolerated within the range
+of Christian civilisation&#8221;.</p>
+
+<p>No more suicidal policy, no course more fatal to the promotion of
+temperance in our land, could possibly have been taken. At a time when
+every publican and every brewer was seeking the destruction of the
+Government on account of its attitude to the drink question, the Alliance
+was content to be &#8220;friendly neutral&#8221;! By their almost inexplicable
+conduct, the leaders of that body helped to delay temperance legislation
+for a quarter of a century, and created a deep distrust of teetotalers in
+the minds of most politicians. If they had actively thrown themselves into
+the breach, had used all their forces to support the Ministry, had been
+content to drop for a few months the plan of bringing forward a measure
+which they knew Parliament would certainly reject,&mdash;then Mr. Bruce and his
+colleagues might have been encouraged to proceed, and the liquor traffic
+in England would by this time have been cut down to a fraction of its old
+proportions.</p>
+
+<p>Mr. Caine recently claimed that the temperance party<span class="pagenum"><a name="Page_154" id="Page_154">[Pg 154]</a></span> rather supported
+than opposed the Government at this crisis; and that, in fact,
+&#8220;practically, their only friends and supporters in the constituencies were
+the teetotalers&#8221;. No one denies that many individual abstainers, as, for
+instance, Mr. Caine himself, were active in helping on the measure; but
+the temperance party as a whole was not. The month after the Bill was
+abandoned, Mr. Bruce publicly charged Sir Wilfrid Lawson, in the House of
+Commons, with having hindered and greatly diminished its chance of success
+by the course he had taken. While the Bill was still before the country,
+and while its fate was trembling in the balance, many prominent abstainers
+opposed it bitterly, and spoke and wrote against it. Professor Newman, in
+answer to a request from Mr. S. Morley, that he and his friends of the
+Alliance would not refuse an instalment because they did not get all they
+wanted, replied: &#8220;The United Kingdom Alliance cannot postpone its action
+for ten years.... Its (the Bill&#8217;s) good points will not help us; they are
+not things which we asked; its evil points will damage us extremely. Hence
+if we fail to induce Mr. Bruce to withdraw his astonishing innovations of
+principle, I certainly do not guarantee that our friends will refrain from
+total opposition.&#8221;</p>
+
+<p>Mr. Raper, a leading temperance speaker, at a meeting in the Manchester
+Town Hall, held under the auspices of the United Kingdom Alliance, said:
+&#8220;It is strange that a man of such a powerful intellect as the Home
+Secretary should be so remarkably defective in observation of<span class="pagenum"><a name="Page_155" id="Page_155">[Pg 155]</a></span> a logical
+kind. I have not seen a greater wonder this quarter of a century than I
+did when I saw this able man standing for two hours and ten minutes giving
+forth grand principles and then cutting them to pieces&mdash;making statements
+which he followed up with nothing.&#8221;</p>
+
+<p>To judge from the speeches of Dr. F. R. Lees, who is considered by many
+the premier writer on total abstinence, one would think that the Bill had
+been framed by a committee of Burton brewers. &#8220;Give no unwise and blind
+support to the proposition of the Government,&#8221; he said. &#8220;I do not think
+that the Bill, as a practical Bill, is worth discussing in detail.... It
+is a wholesome and righteous principle, that of public control over the
+liquor traffic; but you are denied your claim, it is postponed for ten
+years, while the existing generation of victims shall perish, and a new
+generation shall take their place.&#8221;</p>
+
+<p>Why rake up all these old mistakes? it may be asked. Why not forget the
+past? The answer is plain. The old matter must be borne in mind, not in
+order to belittle and denounce the men who made the mistakes, but so that
+the reformers of the present may learn from the blunders of their
+predecessors, and not again wreck the ship because it is only sailing
+towards port with a couple of sails instead of a full rig.</p>
+
+<p><span class="smcap">Mr. Chamberlain&#8217;s Plan.</span>&mdash;In 1876 some stir was made by Mr. Chamberlain
+advocating an adoption of the Gothenburg system in England. The Birmingham
+Town Council expressed its approval of the plan; and on 13th March, 1877,
+Mr. Chamberlain brought forward a<span class="pagenum"><a name="Page_156" id="Page_156">[Pg 156]</a></span> resolution in the House of Commons:
+&#8220;That it is desirable to empower the Town Councils of boroughs, under the
+Municipal Corporation Acts, to acquire compulsorily, on payment of fair
+compensation, the existing interests in the retail sale of intoxicating
+drinks within their respective boroughs; and thereafter, if they see fit,
+to carry on the trade for the convenience of the inhabitants, but so that
+no individual shall have any interest in nor derive any profit from the
+sale&#8221;.</p>
+
+<p>This motion was supported by Sir Wilfrid Lawson and his allies; but was
+rejected by a large majority, 103 voting against and only 51 in its
+favour.</p>
+
+<p><span class="smcap">Mr. Ritchie&#8217;s Local Government Bill.</span>&mdash;In 1888, when the Local Government
+Bill was introduced by the Unionist Government, it contained clauses
+providing that the whole of the licensing of public-houses should be
+handed over to the County Councils; and that, in addition to the powers
+now held by the magistrates, the Councils should have authority to close
+the houses on Sunday, Good Friday and Christmas Day, either altogether or
+for part of the day, to alter the hour of closing at night, and to
+increase the licensing fees not more than 20 per cent. There were two
+great limits to the proposed power of the Councils. The first gave the
+magistrates power to prevent the renewal of a licence on proof that the
+holder was guilty of illegal conduct. The second limit was the provision
+that when the Councils refused the renewal of a licence for any other
+cause than the fault of the holder, the latter should be entitled to
+<span class="pagenum"><a name="Page_157" id="Page_157">[Pg 157]</a></span>compensation. Such compensation was to be assessed on &#8220;the basis of the
+difference (if any) between the value of the licensed premises immediately
+before the passing of this Act and the value which such premises would
+have then borne if the licence had then determined&#8221;. The compensation was
+to be divided between the persons interested in the premises, either by
+agreement among themselves, by arbitration, or, finally, by the County
+Court. The cost of the compensation was to be borne ordinarily by the
+licensing division of the county in which the house was situated; or
+sometimes, under exceptional circumstances, by the whole county.</p>
+
+<p>The temperance party, although on the whole preferring <i>ad hoc</i> Boards,
+would gladly have accepted the proposals, but for the compensation
+clauses. Over these a hot fight was made, and innumerable meetings were
+held all over the country against them. The licensed victuallers were at
+first also inclined to oppose the measure; but they soon realised that it
+would be on the whole a great gain to them. As Mr. Ritchie, the father of
+the Bill, pointed out to a deputation, &#8220;We practically give you a vested
+interest by the Bill&#8221;. But the opposition to the objectionable clauses was
+too strong; and in June Mr. W. H. Smith announced, for the Government,
+that the whole of the licensing section would be withdrawn.</p>
+
+<p><span class="smcap">Mr. Goschen&#8217;s Compensation Plan.</span>&mdash;Two years later a second attempt was
+made by the same Government to legalise compensation. In the <i>Local
+Taxation<span class="pagenum"><a name="Page_158" id="Page_158">[Pg 158]</a></span> (Customs and Excise) Bill</i> a scheme was formulated for the
+gradual reduction of public-houses. The main idea of this scheme was that
+each year the sum of &pound;440,000, raised by increased taxes of 3d. a barrel
+on malt liquors and 6d. a gallon on spirits, should be used for the buying
+up of licences for the purpose of extinction. Of this sum, &pound;350,000 was to
+go to England, &pound;50,000 to Scotland and &pound;40,000 to Ireland. In England and
+Scotland the money was to be apportioned among the County Councils, which
+would be permitted to buy up such licensed premises as they thought
+proper; in Ireland the authority to be appointed was the National Debt
+Commissioners. No compulsory powers of purchase were given; but all
+purchases would have to be made by agreement with the owners of the
+houses, at prices and under conditions fixed by mutual arrangement. After
+the passing of the Act, no new licences, except for eating-houses and
+refreshment-rooms, were to be granted unless the consent of the County
+Councils had first been obtained, and even when new licences were granted,
+it was to be on the express understanding that their renewal might &#8220;at any
+time be refused at the free and unqualified discretion of the licensing
+authority&#8221;.</p>
+
+<p>In bringing the Bill before the House of Commons Mr. Ritchie said: &#8220;I
+assure the House that the sole object which the Government has in view is
+to promote temperance, and to help those who are endeavouring and who have
+so long endeavoured to battle against intemperance.... I have not the
+least intention of interfering<span class="pagenum"><a name="Page_159" id="Page_159">[Pg 159]</a></span> with any powers now possessed by licensing
+magistrates.... Our sole object has been to help temperance reformers, and
+to promote the cause of temperance.&#8221; But temperance reformers did not see
+the matter quite in the same light as Mr. Ritchie; and the opposition to
+the proposals of 1890 was even stronger than to those of 1888. The main
+objections were that the measure created a vested interest where none
+previously existed, and that the proposals for extinction were utterly and
+ridiculously inadequate. Mr. Caine, a prominent Liberal Unionist supporter
+of the Government, resigned his seat in Parliament as a protest against
+the scheme; and before many weeks had passed, the second attempt was sent
+the same way as the first. The money intended for the compensation of the
+publicans was devoted instead to technical education.</p>
+
+<p><span class="smcap">Lord Randolph Churchill&#8217;s Bill.</span>&mdash;In the same month as the Local Taxation
+Bill was introduced, Lord Randolph brought before the House of Commons his
+scheme for amending the licensing laws. This plan was admittedly partly
+based on Mr. Bruce&#8217;s Bill of 1871. The licensing authority was to be
+vested in the municipal authorities for boroughs and the County Council
+for counties. These bodies were not only to have the right to license, but
+also to regulate the hours of closing on Sundays and week-days. The power
+of direct veto was to be placed in the hands of the people, and in a
+parish where two-thirds of the ratepayers on the municipal rate book voted
+for prohibition, no licences were to be granted.<span class="pagenum"><a name="Page_160" id="Page_160">[Pg 160]</a></span> Beer shops were to be
+swept away, and the kinds of licences were to be reduced to two,&mdash;the full
+publican&#8217;s licence and the refreshment-house wine and beer licence; and
+the rating qualification for a building used as a public-house was also to
+be considerably increased. Clubs in which drink was consumed were to be
+registered and to pay fees ranging from 30s. a year for a working men&#8217;s
+club to from &pound;1000 to &pound;2000 for the great West-end clubs. The noble lord
+was strongly in favour of compensation, and declared: &#8220;I hold that
+compensation for vested interests is an indispensable accompaniment to any
+scheme of licensing reform. Any such reform not accompanied by
+compensation for vested interests would be sheer confiscation and
+robbery.&#8221; But he did not deal with this detail in his Bill, on the ground
+that it would entail taxation in some form or another; and it is not in
+the power of a private member of Parliament to propose to the House
+taxation of any form or kind. Lord Randolph&#8217;s measure met with a very
+favourable reception when introduced, but he did not proceed even to the
+second reading with it.</p>
+
+<p><span class="smcap">The Bishop of Chester&#8217;s Bill.</span>&mdash;In 1892, Dr. Jayne, Bishop of Chester,
+brought before the public a modification of the Gothenburg system that has
+since attracted a considerable amount of attention. He recognises that
+intemperance is far too common, and that our public-house system stands
+urgently in need of reform; but he believes that the use of alcoholic
+beverages must be accepted as inevitable, and that the best plan to adopt<span class="pagenum"><a name="Page_161" id="Page_161">[Pg 161]</a></span>
+is not to seek to abolish the drink trade altogether, but to reform it.
+One of the great evils of the present system is that those who conduct
+public-houses have a direct pecuniary interest in selling the largest
+amount of drink possible; the Bishop desires to change the object of the
+sellers from private profit to the public welfare. To do this he would
+have philanthropic companies formed, which should buy up all the
+public-houses in a district, have a monopoly of sale, and conduct the
+traffic for the public welfare. The companies would derive no profit from
+the sale, except a certain fixed amount of interest on the capital
+invested. In their houses (to quote Dr. Jayne&#8217;s own description)
+&#8220;alcoholic beverages, though frankly recognised, will be disposed from
+their aggressive supremacy, and supplied under less seductive conditions.
+These conditions would, for example, be comfortable, spacious,
+well-ventilated accommodation; temperance drinks brought well to the
+front, invested with prestige, and supplied in the most convenient,
+attractive and inexpensive way; the pecuniary interests of the managers
+(<i>e.g.</i>, in the form of bonus) made to depend entirely on the sale of
+eatables and non-alcoholic beverages; alcoholic liquors secured against
+adulteration; newspapers, indoor games, and, where practicable, outdoor
+games and music, provided; while the mere drink shop, the gin palace, and
+&#8216;the bar&#8217;&mdash;that pernicious incentive to drinking for drinking&#8217;s
+sake&mdash;would be utterly abolished.&#8221;</p>
+
+<p>Dr. Jayne&#8217;s first thought was that such houses might<span class="pagenum"><a name="Page_162" id="Page_162">[Pg 162]</a></span> be managed by the
+County Councils, but he soon saw that it would be better to place them in
+the hands of private companies. The methods by which he proposes that the
+companies should set to work may be best seen from an account given by him
+in the <i>Daily Graphic</i> for 25th October, 1893: &#8220;We are prepared to
+undertake the licensed victualling of your locality, paying to the
+dispossessed publicans such compensation as law and equity may require. We
+will at once reduce our houses to such number as the licensing authority
+may deem necessary; we will re-engage respectable publicans as managers on
+terms far more favourable to themselves, their families and the community,
+than managers now enjoy under the tied-house system. They will receive a
+fixed salary, with a bonus on the sale of eatables and non-alcoholic
+drinkables, but with absolutely no benefit from the sale of intoxicants.
+They will thus have no inducement to push the sale of alcohol, to drink
+with their customers, or to adulterate their liquors. As regards hours of
+closing and details of management we shall, within legal limits, be guided
+by local experience and opinion. Our surplus profits will be applied to
+public, non-rate-aided objects, including the establishment of bright and
+attractive temperance houses, to which those who wish to keep quite clear
+of the temptations of alcohol in any shape may safely resort.&#8221;</p>
+
+<p>In 1893 he incorporated these proposals in a Bill which he brought before
+the House of Lords. The measure was defeated on the second reading; but
+Dr.<span class="pagenum"><a name="Page_163" id="Page_163">[Pg 163]</a></span> Jayne is still hopeful that Parliament will grant the necessary
+powers for the attempt to be made where desired. Would it not be better
+for some town to definitely decide to adopt the Gothenburg system, and
+then go to Parliament with a request for an authorisation to do so? Such a
+demand is far more likely to be granted than a proposal that may be
+adopted anywhere or nowhere. If the method proved a success when first
+tried, there would be little difficulty in obtaining permission for other
+places to follow suit.</p>
+
+<p><span class="smcap">The Bishop of London&#8217;s Bill.</span>&mdash;<i>The Licensing Boards Bill</i> may be taken as
+representing the plans of a moderate school of reformers. It was framed
+under the supervision of the Church of England Temperance Society, and
+introduced into the House of Lords in 1893 by Dr. Temple, Bishop of
+London. The Church of England Temperance Society differs in many ways from
+most temperance organisations. Its social work is worthy of all praise,
+and its magnificent agencies for the rescue of criminals and inebriates
+are so well known as hardly to require mention. But in the matter of
+legislative action, this society does not take up the extreme attitude of
+such organisations as the United Kingdom Alliance. Its membership contains
+a very large, if not a predominating Conservative element; and hence its
+proposals deserve attention as being those of the members of a party
+usually not foremost in legislation of this kind.</p>
+
+<p>The Bill brought forward by the Bishop of London in 1893 proposed to
+transfer the power of granting all<span class="pagenum"><a name="Page_164" id="Page_164">[Pg 164]</a></span> drink, billiard, music and dancing
+licences from the justices in each district to a specially elected
+Licensing Board. The Board was to be elected triennially by persons on the
+local government register of electors, and the cost of such elections and
+other expenses of management were to be borne by the borough or County
+Council. The Board would have power to alter the hour of closing on
+week-days, and all licensed houses would be closed on Sunday unless by
+special order of the Board. Even when the Board sanctioned Sunday opening,
+the houses would only be permitted to remain open for two hours, and could
+only sell drink for consumption off the premises. All clubs would have to
+be registered, fees being payable for such registration; and power would
+be given to the police to enter any club which they had reason to believe
+was carried on simply as a drinking club, and to charge the members found
+on the premises and the owner of the house before a magistrate. The
+principal provisions of the Bill, however, would not come into effect
+until five years after the passing of the Bill, when a large reduction of
+licences would take place compulsorily. This five years&#8217; term of grace was
+provided for as a kind of compensation. At the end of five years from the
+passing of the Bill into law the following provisions would come into
+operation:&mdash;</p>
+
+<div class="blockquot"><p>(<i>a</i>) The only licences that are to be granted are (i.) a full
+publican&#8217;s licence; (ii.) a wine and beer on licence for a
+refreshment house; (iii.) a wine <span class="pagenum"><a name="Page_165" id="Page_165">[Pg 165]</a></span>and beer off licence; (iv.) a
+licence for an hotel; and (v.) a licence for a railway refreshment
+room, the two last being special forms of the publican&#8217;s licence.
+After 1898, therefore, the following kinds of licence will cease to
+be obtainable: (i.) The beer dealer&#8217;s additional licence (off); (ii.)
+the beer retailer&#8217;s on and off licences; (iii.) the cider and perry
+on and off licence; (iv.) the table beer retailer&#8217;s licence (off);
+(v.) the wine retailer&#8217;s on and off licences; and (vi.) the sweets
+retailer&#8217;s on and off licences. None of these licences are required
+by a person holding a superior licence.</p>
+
+<p>(<i>b</i>) The Board is to have full discretion to grant or not to grant
+any licence. After this provision comes into effect the present
+restrictions on the power to refuse certain licences, except on
+certain grounds, will cease.</p>
+
+<p>(<i>c</i>) Licences, exclusive of hotels and railway refreshment rooms,
+are not to be granted in excess of a fixed proportion to the
+population of each district&mdash;one per 1000 in towns, one per 600 in
+country&mdash;but proper notice is to be given to a licence holder before
+discontinuing his licence under this clause.</p>
+
+<p>(<i>d</i>) The value qualification of premises is raised.</p>
+
+<p>(<i>e</i>) A licensed person is not to carry on any other retail business
+on the licensed premises.</p></div>
+
+<p>The measure came before the House of Lords for its<span class="pagenum"><a name="Page_166" id="Page_166">[Pg 166]</a></span> second reading on the
+12th May, 1893. It met with a very unfavourable reception, and Lord
+Salisbury opposed it hotly as being &#8220;the wrong remedy for the evil we all
+deplore&#8221;. At last Dr. Temple, seeing that it was perfectly evident the
+measure would be rejected by a considerable majority, consented to allow
+the motion to be negatived without a division. It is the intention of the
+Church of England Temperance Society, however, to keep its Bill as far as
+possible to the front, and to make persistent efforts to have it carried
+into law.</p>
+
+<p><span class="smcap">Local Option.</span>&mdash;Few schemes of reform have been so unceasingly pushed as
+that for giving to localities the option of prohibition. Forty years ago,
+when it was first brought before the British public, it was laughed at,
+and hardly deemed worthy of the serious notice of politicians; in 1893 it
+was introduced by the Government to the House of Commons; and to-day it
+has all the weight of one of the two great political parties behind it.
+Whatever may be thought of the practical usefulness of such an option in
+the present state of public opinion, it is hardly possible to deny to the
+men who demand it a tribute of admiration for their persistency and pluck.</p>
+
+<p>On the 1st June, 1853, the United Kingdom Alliance was founded for the
+purpose of securing &#8220;the total and immediate legislative suppression of
+the liquor traffic&#8221;. Its plan of operations was to secure for any locality
+that wishes it the right to prohibit the traffic in intoxicants there.
+Eleven years after the formation of the Alliance Sir W. Lawson introduced
+his famous Permissive Bill,<span class="pagenum"><a name="Page_167" id="Page_167">[Pg 167]</a></span> embodying the demands of the Alliance, to the
+House of Commons. It was defeated by a majority of over seven to one; but
+in 1869 the majority against it was reduced to a little over two to one.
+In 1879 Sir Wilfrid changed his tactics; and instead of incurring the cost
+of introducing a Bill year by year, he brought forward a resolution in
+favour of &#8220;some efficient measure of local option&#8221;. In 1880, before a full
+House, the resolution was at last carried by a majority of 26; 245 voting
+for, and 219 against.</p>
+
+<p>It was expected that the Liberal Government then in force would do
+something to carry the resolution into effect; but nothing was done until
+1893, when Sir William Harcourt&#8217;s much-debated Local Option Bill was
+introduced. The provisions of this Bill are very simple, and include two
+things,&mdash;the option of prohibition, and the option of Sunday closing. It
+provided that on one-tenth of the local government electors in any
+division making the request in writing, a poll shall be taken as to
+whether all public-houses be closed there, or whether there shall be
+Sunday closing. The latter proposal can be carried by a simple majority of
+those voting; but to secure entire prohibition there must be a majority of
+two-thirds. Whatever way the electors decide would remain in force for
+three years; but at the end of that time the question might be re-opened
+by a similar petition, and a fresh poll held. But when prohibition had
+been carried it could only be repealed by a two-third vote against it. The
+electoral areas were very small, each ward in a<span class="pagenum"><a name="Page_168" id="Page_168">[Pg 168]</a></span> borough divided into
+wards being a separate district. No compensation was provided; but the
+clauses for prohibition were not to come into effect until three years
+after the passing of the Act. The prohibition was not to affect railway
+refreshment-rooms, hotels, or eating-houses.</p>
+
+<p>The Bill caused considerable excitement; but there was a noticeable
+difference in its reception and in that accorded to Mr. Bruce&#8217;s Bill of
+1871. In 1871 the working men were on the whole opposed to restriction; in
+1893 they were largely in favour of it. A demonstration called by &#8220;the
+trade&#8221; at Trafalgar Square against the Bill was swamped by friends of it,
+who carried resolutions by overwhelming majorities in its favour. The
+change of attitude of the working classes is very likely partly due to
+political partisanship; but still it is a notable fact, and makes the way
+for temperance reform much smoother than it otherwise would have been.</p>
+
+<p>Owing to the time taken up by the debate on the Home Rule Bill, the
+Government found it impossible to do more than introduce its local option
+measure in 1893. It promised to proceed with it this Session (1894); but
+at the time of writing it seems very improbable that this will be done.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_169" id="Page_169">[Pg 169]</a></span></p>
+<h2><a name="CHAPTER_4.III" id="CHAPTER_4.III"></a>CHAPTER III.</h2>
+<h3>THE PROBLEMS OF REFORM.</h3>
+
+<p>Four main problems have to be faced before any adequate scheme of
+licensing reform can be formulated. They are: (1) compensation; (2) of
+whom shall the licensing bodies consist? (3) what is to be done with the
+clubs? (4) shall &#8220;tied houses&#8221; be permitted?</p>
+
+<p><span class="smcap">Compensation.</span>&mdash;This has been for many years the main block to reform. Are
+publicans, when deprived of their licences through no fault of their own,
+entitled to compensation or not? For long there was considerable doubt as
+to the legal aspects of the matter. One party argued that as the publican
+has his licence granted for one year alone, and as the magistrates have
+power to refuse to renew such a licence, therefore the drink seller has no
+vested interest in its continuance, nor the slightest claim to
+compensation if its renewal is refused. On the other hand, it was said
+that while the justices have nominally the power of refusing the renewal
+of old licences, it is a strictly limited power that they never put into
+force except for wrong-doing on the part of the licensees; and that the
+custom has so long prevailed of regularly renewing the certificates of all
+publicans who behave properly, that an expectation of renewal has become
+universal; and<span class="pagenum"><a name="Page_170" id="Page_170">[Pg 170]</a></span> that by virtue of custom they have a vested interest, and
+are entitled to compensation if renewal is refused.</p>
+
+<p>The legal aspects of the matter were finally cleared up in 1891 by the
+decision of the House of Lords in the well-known case of &#8220;Sharp <i>v.</i>
+Wakefield&#8221;. The magistrates of the Kendal division of Westmoreland
+refused, in September, 1887, to renew the licence of an inn at Kentmere on
+the grounds of the remoteness of the premises from police supervision, and
+the character and necessities of the locality. The owner of the house,
+Susannah Sharp, appealed to the Quarter Sessions, but that body upheld the
+magistrates. It was resolved by the drink interest to make this case a
+test one. Their argument was that for the renewal of an existing licence
+the justices are not entitled to inquire into the character and wants of
+the neighbourhood, or to refuse a licence on the grounds that there is no
+longer a necessity for a licensed house there.</p>
+
+<p>The case was taken from court to court, and everywhere the decision of the
+magistrates was upheld. Finally it came before the House of Lords in
+January, 1891; and the judgment of their lordships was given in the
+following March. The five law-lords were unanimously of opinion that
+justices have the right to refuse the renewal of a licence if the
+circumstances of the neighbourhood or any other sufficient cause render it
+desirable. The Legislature, their lordships stated, gave the magistrates
+an absolute discretion both for granting and renewing licences: and such
+discretion is to be exercised<span class="pagenum"><a name="Page_171" id="Page_171">[Pg 171]</a></span> (to quote the Lord Chancellor) &#8220;according
+to the rules of reason and justice, within the limits to which an honest
+man, competent to the discharge of his office, ought to confine himself&#8221;.</p>
+
+<p>This decision was a serious blow to the owners of licensed premises. It at
+once and for ever swept away all claims of a legal right to compensation,
+and showed that vested interests in licences are absolutely nonexistent.</p>
+
+<p>But the question still remains whether, although the publican has no legal
+claim to compensation, he is not morally entitled (under ordinary
+circumstances) to some consideration, if suddenly and through no fault of
+his own he is deprived of what he was for long encouraged to look upon as
+his right. It is felt by many that it would be a hardship to take from a
+well-behaved licensed victualler his means of livelihood without some
+consideration. Whether this sentiment is right or not the writer of this
+book does not propose to discuss; but it undoubtedly exists, and the
+temperance party will gain nothing by shutting its eyes to it.</p>
+
+<p>On the one hand we have the claim of prohibitionists that no publican
+should have a penny from public funds as recompense for dispossession; on
+the other hand, there is the plea of the &#8220;trade&#8221; advocates, that he ought
+to have the full difference between the &#8220;trade&#8221; value of his house and its
+value as ordinary premises. The first of these seems rather harsh, and the
+second is certainly unreasonable. Is there no <i>via media</i>?</p>
+
+<p><span class="pagenum"><a name="Page_172" id="Page_172">[Pg 172]</a></span>The unreasonableness of the second proposition may best be seen from the
+fact that in many towns a very large proportion of the public-houses do
+not pay their way. Yet every one of these places is valued at a price far
+above its value as an ordinary business house; consequently, if the
+authorities were to pay the terms asked by the owners on closing them,
+they would actually be giving considerable sums for losing concerns.</p>
+
+<p>It may be asked why, if such houses do not clear their expenses, their
+proprietors keep them open year after year. The reasons are twofold:
+First, the houses are usually owned by brewers, who fear that if they
+abandon the licences, rival brewers may persuade the magistrates to grant
+additional licences in other parts of the place. Secondly, the
+establishments are often used as traps for depriving the inexperienced of
+their stock of money. The process is very simple. A house owned by a
+brewer goes to the bad, custom falls off, and the receipts fail to cover
+the outgoings. Thereupon the tenant is given notice to quit; and a
+salaried manager, skilled in the art of drawing custom, is placed in
+charge of it. This manager is usually a man well known in the
+neighbourhood, and with plenty of friends. He belongs to nearly all the
+friendly societies in the place, Buffaloes, Oddfellows, and the rest; he
+can give a tip on the coming race with any man, and he is &#8220;hail fellow,
+well met&#8221; with every Tom, Dick and Harry. All his friends, of course,
+flock to patronise him; the brewer is careful to supply specially good
+drink; a pull over is given for every one&#8217;s measure;<span class="pagenum"><a name="Page_173" id="Page_173">[Pg 173]</a></span> and soon the takings
+of the house are increased enormously. Then the place is advertised, and a
+novice is attracted by it. The brewer&#8217;s agent shows him the books, and is
+able to prove that the business is going up by leaps and bounds; and so
+the novice is persuaded to pay, say &pound;100 in cash for the good-will, and
+take over the house. The manager who has drawn all the custom leaves; and
+his friends leave with him. The poor new publican soon finds that he is
+losing money every week, and before long he begins to get in debt to the
+brewer. This goes on until his debt amounts to the price he paid for the
+good-will. Then the agent visits him, explains that as he is evidently not
+suited for the trade he had better go. The brewer will kindly allow the
+&pound;100 paid as good-will to go to cancel the debt; and the tenant must leave
+as quickly as possible. The house is then used for the fleecing of another
+novice; and so on.</p>
+
+<p>If any reader doubts the truth of this, let him consult some experienced
+publican who is not afraid to speak the truth, or let him notice in any
+moderate-sized town how often many of the smaller licensed houses are
+advertised as being &#8220;under new management&#8221;.</p>
+
+<p>Now, it cannot be said that the owners of such houses as these mentioned
+have the slightest equitable claim to any consideration. The only way to
+avoid paying money to such would be to base any scheme of pecuniary
+compensation <i>not on the artificial trade value of the house, but on the
+actual profits gained</i>, as shown by the books and vouchers of the place
+and by the publican&#8217;s income-tax returns.</p>
+
+<p><span class="pagenum"><a name="Page_174" id="Page_174">[Pg 174]</a></span>A second limit to any scheme of compensation should be that no one, save
+the licence holder himself, should be entitled to any consideration. Big
+brewing firms that have bought up large numbers of licences are well
+acquainted with the risks attaching to them. The British public may be
+anxious to treat the poor licensed victualler generously; but it will
+hardly sanction the appropriation by wealthy wholesale firms, that thrive
+by fostering public misery, of large sums of public money. This is the
+opinion of many by no means opposed to any compensation. Mr. Gladstone, in
+the House of Commons (15th May, 1890), in speaking of this matter,
+declared: &#8220;This I must say, I cannot conceive any state of things in which
+the State authority would have the smallest duty or the smallest warrant
+for looking to anybody in these transactions, except the man with whom it
+deals&mdash;that is to say, the man to whom the licence is issued, and on whom
+it imposes its responsibility&#8221;.</p>
+
+<p>In any plan of compensation the money should be raised from the publicans
+themselves. Those remaining benefit by the closing of other houses; for
+there are fewer shops selling drink, and therefore those left get more
+custom. This has already been done successfully in Victoria by means of
+increased licence fees, etc.</p>
+
+<p>As the publicans have no legal claim to consideration it cannot be
+expected that any scheme for their compensation will be permanent. It will
+rather provide for a softening to them of a time of transition.</p>
+
+<p>Within these limits, surely some practicable scheme<span class="pagenum"><a name="Page_175" id="Page_175">[Pg 175]</a></span> can be formulated.
+The following, while dealing liberally with the keepers of licensed
+houses, would yet be an advance on the present position. Let it be
+arranged that for ten years the men at present holding licences shall be
+allowed to retain them; and if during those years the authorities wish to
+close any public-houses they shall pay the holders compensation based on
+the following scale: during the first two years, five years&#8217; purchase,
+reckoned on the average profits of the previous three years; during the
+third and fourth years, four years&#8217; profits; during the fifth and sixth
+years, three years&#8217; profits, and so on till at the end of the tenth year
+no compensation would be payable. The funds for such payments to be raised
+by increased licensing fees and an extra tax on liquor. No money to be
+paid to any person but the licence holder himself. At the end of the ten
+years the number of houses could be reduced to a fixed scale, say one for
+every 500 or 1000 of population.</p>
+
+<p>The principal objectors to such a compromise would probably be the
+teetotalers. But they would do well to consider whether it will not hasten
+forward the coming of that sober England for which we all long if some
+method can be found of breaking through the present intolerable deadlock.
+There is nothing opposed to temperance in granting compensation. It is
+merely a matter of policy, not of principle: though, to hear some
+reformers talk, it might be imagined that the idea of partly recompensing
+licence holders for their loss involves some terrible wrong.</p>
+
+<p><span class="pagenum"><a name="Page_176" id="Page_176">[Pg 176]</a></span>Both Sir Wilfrid Lawson and Mr. Caine have in the past admitted that a
+compromise about compensation might be worth considering. In the House of
+Commons (5th March, 1880) Sir W. Lawson said: &#8220;Honourable members tell me
+that there ought to be something about compensation in my resolution. If I
+would only do that they would find it in their hearts to vote for me. Now
+I do not want to condemn compensation, but this is not the question which
+is before the House. The question is, whether it is right to force these
+houses upon an unwilling neighbourhood; and if it cannot be done without
+compensation, let us have compensation. I am very sure that if ever my
+resolution is crystallised into an Act of Parliament this House will never
+refuse a fair demand from any body of men.&#8221;</p>
+
+<p>Mr. Caine, in talking to a <i>Pall Mall Gazette</i> interviewer, said, when
+dealing with the compensation proposals of the Church Temperance Society:
+&#8220;The time plan would work in this way: You might give to all old licences
+a definite lease of life, ten years being the utmost limit conceivable....
+At the close of the ten years&#8217; term licences would be granted for one year
+only, and no compensation whatever would be granted in case of
+extinction.... (It) would present to temperance reformers the attractive
+and important feature of finality. It certainly demands most careful
+consideration on all hands.&#8221;</p>
+
+<p>Mr. Chamberlain, in 1876, proposed terms very similar to these. His idea,
+when discussing the buying up of<span class="pagenum"><a name="Page_177" id="Page_177">[Pg 177]</a></span> licensed premises in order to commence
+municipal public-houses, was that compensation should be paid to the
+licence holder alone at the rate of five years&#8217; profit, based on the
+average profits of the previous three years.</p>
+
+<p>Truth compels the admission, however, that Mr. Chamberlain&#8217;s views on this
+point have greatly altered in recent years. In writing to me in April,
+1894, he said:&mdash;&#8220;Further consideration has convinced me that the method of
+compensation proposed by me in 1876 would not be the best guide to a fair
+settlement, and that it would be impossible to ignore the interests of
+other persons besides the licensed holder. I think now that the best way
+would be to submit all claims to an official arbitrator, who would be
+instructed to give for the property such sum as would be given by a
+willing buyer to a willing seller in the open market&mdash;in other words, the
+fair market price.&#8221;</p>
+
+<p><span class="smcap">Licensing Bodies.</span>&mdash;Of whom should the licensing bodies consist? There are
+three different kinds of bodies proposed: (<i>a</i>) The magistrates, as at
+present; (<i>b</i>) county and town councils; (<i>c</i>) elective boards <i>ad hoc</i>.
+The magistrates have for long carried out the necessary duties; and in the
+country parts they have done as well as could be expected. In towns, more
+particularly in small boroughs, their rule has not worked quite so
+satisfactorily. Occasional charges of being influenced by pecuniary
+considerations in the performance of their duties have been brought
+against them; but such charges are so very rare that direct bribery may<span class="pagenum"><a name="Page_178" id="Page_178">[Pg 178]</a></span>
+be said to be practically unknown. But magistrates in small boroughs are
+often influenced by some very extra-judicial considerations. Many of them
+are small tradesmen, appointed for political reasons. They are well
+acquainted with the brewer who is at the back of the application for a
+licence, and possibly have business transactions with him: naturally they
+do not care to offend him, and so a licence is often granted when it ought
+not to be.</p>
+
+<p>The licensing authority is altogether outside the usual province of the
+magistrate&#8217;s duties, which should be purely judicial. It has never been
+found satisfactory to unite judicial and executive functions in one body;
+and jurists are agreed that this should be avoided; yet while they are the
+licensing authority the magistrates are both administrators and judges.
+But the principal objection to magistrates is that they are not in the
+least representative, and can do as they please entirely irrespective of
+the public.</p>
+
+<p>A proposal favoured by many statesmen is that of taking the duty of
+issuing licences from the magistrates and placing it in the hands of
+county and borough councils. A representative body would thus be secured;
+but the result of this would simply be to ruin many of the councils. The
+liquor question would swallow up every other in public estimation, like a
+veritable Joseph&#8217;s rod. Men would be elected solely because of their views
+on licensing reform. The publicans would appoint their candidates, and the
+teetotalers theirs; and both parties<span class="pagenum"><a name="Page_179" id="Page_179">[Pg 179]</a></span> would have a pitched battle at
+almost every election. Many good administrators, rather than face such
+contests, would remain outside, and the whole tone of the councils would
+be lowered.</p>
+
+<p>The most practicable plan of securing a popular licensing authority seems
+to be the election of Boards specially for this one purpose, as School
+Boards are elected for the management of elementary schools. The area
+which such Boards control should not be too small and particular care
+would have to be taken to prevent those pecuniarily interested in the
+traffic getting on them.</p>
+
+<p>But it must be remembered that no change in the <i>personnel</i> of the
+licensing authority will effect much, and it is possible that any change
+may do harm. A representative body will be more liable to be influenced by
+outside consideration than are the justices; and the Boards in some places
+will favour the drink sellers more than the magistrates do now. This
+consideration has induced some reformers to advocate leaving the
+administration in the hands of the present authorities, but limiting their
+power by a direct popular control over the issuance of new licences.</p>
+
+<p><span class="smcap">Clubs.</span>&mdash;No licensing reform, however complete the restraints it places on
+public-houses, will accomplish much unless at the same time it deals with
+the club evil. In the ordinary drinking club we have something far more
+dangerous to society than the worst-conducted public-house. Reformers were
+for long so absorbed in fighting the open drink shop, that they had no
+time for<span class="pagenum"><a name="Page_180" id="Page_180">[Pg 180]</a></span> attending to anything else; and statesmen of all parties dreaded
+arousing against themselves the opposition which they knew would follow
+the curtailing of any of the privileges of club-land. The result is that
+there is to-day in every large town a considerable and rapidly increasing
+number of drinking dens, subject to no control, paying no fees, requiring
+no licences, and allowed to keep open all day and every day, Sunday and
+week-day alike. With the genuine club no one wishes to meddle; but the
+majority of places which go under this name are nothing but drinking and
+gambling hells, and are usually financed by, and run for the profit of,
+some brewer. Within ten years their number has increased almost tenfold,
+and from all parts of the land comes the same tale of the mischief they
+are doing. Some months ago, the Dublin Corporation sent a petition to the
+Government in which it said: &#8220;We view with alarm and dismay the rapid
+increase of bogus drinking clubs in all parts of the city; in our opinion
+these clubs are a prolific source of poverty, crime, and disorder; they
+are instrumental in depreciating the ratable value of property wherever
+they are established; and the laws which allow, without let or hindrance,
+their degrading operations at all hours of the night and of the day, are a
+disgrace to civilisation.&#8221; The Corporation urged the Government to
+introduce a measure &#8220;that will be effective in grappling with this
+degrading and pestiferous evil&#8221;. At Cardiff the notorious &#8220;Field Clubs,&#8221;
+formed solely and avowedly for the purpose of supplying their<span class="pagenum"><a name="Page_181" id="Page_181">[Pg 181]</a></span> members
+with ale on Sundays, and so setting the Sunday Closing Act at defiance,
+were able to carry on business for some time without any hindrance from
+the police. A case which shows even more clearly than this how our
+licensing system is being reduced to little better than a mere farce, was
+mentioned last year in the House of Commons. The licence of a certain
+village public-house had been taken away because of the misconduct of the
+publican, and because the place was not required. Thereupon the brewer who
+owned the building opened it as a club, making the former publican
+manager. The rules were carefully drawn up, with the aid of counsel, to
+keep the house open to as many as possible; an entrance fee of a few pence
+was fixed; and the club was in a position to accommodate almost all its
+old customers. It had not to observe any of the regulations imposed on the
+regular drink shops, and consequently did twice as much business as before
+its licence was taken away.</p>
+
+<p>Such instances might be multiplied indefinitely, but there is no need; for
+to all who know anything of the inner life of our great cities these
+things are commonplaces. How to deal with these bogus establishments, and
+yet not at the same time to unduly interfere with genuine clubs, has
+become an urgent and serious question. The Royal Commission on the Sunday
+Closing (Wales) Act recommended that all clubs where intoxicating liquors
+are sold should be registered with the local authority, and that the
+register should be open for the inspection of the police. The Commission
+was also<span class="pagenum"><a name="Page_182" id="Page_182">[Pg 182]</a></span> strongly of opinion that &#8220;clubs which exist only for the purpose
+of supplying drink, or only colourably for some other purpose, should be
+declared absolutely illegal&#8221;. When Lord Randolph Churchill brought his
+licensing scheme before the House of Commons, he incorporated with it
+clauses for the registration and taxation of clubs, as has already been
+described in the previous chapter. The Bishop of London&#8217;s Bill in 1893
+contained similar clauses, but neither measure ever got beyond the initial
+stages. <i>The Clubs Registration Bill</i>, as amended by a Select Committee of
+the House of Commons last year, provided (1) that every club (with certain
+strictly defined exceptions) selling intoxicating liquors on unlicensed
+premises must be registered; (2) that it shall only be managed in
+accordance with its registered constitution; and (3) that an annual return
+shall be made of the members of the club. There were further provisions
+forbidding the sale of any drink to be taken from the club premises,
+preventing any person under eighteen years old becoming a member of the
+club, and limiting the number of honorary members to one for every twenty
+ordinary members. The Bill applied only to England, and was admitted by
+its supporters to be miserably inadequate; but it would have been a great
+improvement, had it passed into law, on the present state of affairs.
+However, it went the usual way of Bills in that barren Session.</p>
+
+<p>Happily our colonies can teach us something on this matter. During the
+last nine years there has been an<span class="pagenum"><a name="Page_183" id="Page_183">[Pg 183]</a></span> extremely simple yet very practical
+clause in the Victorian licensing law dealing with clubs. It provides that
+every <i>bon&acirc;-fide</i> association that was formed before the passing of the
+Act should be regarded as a club; but that any club established afterwards
+must, in order to obtain the right to supply its members with intoxicants,
+consist of &#8220;not less than fifty members, united for the purpose of
+providing accommodation for and conferring privileges and advantages upon
+the members thereof&#8221;. Such accommodation has to be provided from the funds
+of the club, and no person is allowed to get any benefit from the club
+which may not be shared equally by every member. All clubs have to be
+registered, and their certificates may be withdrawn at any time by the
+Licensing Board.</p>
+
+<p>In the Licensed Victuallers&#8217; Amendment Act, brought before the South
+Australian Parliament in 1890, more elaborate provisions were made for
+meeting the club difficulty. Clubs numbering not less than fifty members
+in Adelaide, or not less than twenty-five in other parts, are exempt from
+the ordinary Licensing Act, so far as selling to their own members goes,
+provided the following conditions exist:&mdash;</p>
+
+<p>1. The club must be established upon premises of which such association or
+company are the <i>bon&acirc;-fide</i> occupiers, and maintained from the joint funds
+of the club; and no persons must be entitled under its rules to derive any
+benefit or profit from the club or for the sale of liquors which is not
+shared equally by every other member.</p>
+
+<p><span class="pagenum"><a name="Page_184" id="Page_184">[Pg 184]</a></span>2. It must have been proved to the satisfaction of the licensing bench at
+an annual or quarterly meeting that the club is such an association or
+company as in this section is defined, and that the premises of the club
+are suitable for the purpose.</p>
+
+<p>3. It must be proved to the satisfaction of the licensing bench that such
+club has a committee of management, and that some person has been
+appointed by them steward or manager.</p>
+
+<p>The club is obliged to pay an annual registration fee of &pound;5, and to obtain
+a certificate from the clerk of the licensing district; such certificate
+being withdrawable if any of the conditions under which it is issued are
+broken.</p>
+
+<p>On some such lines as these we must look for the solution of the club
+problem in England. Any measure to be really effective must provide,
+first, that proprietary clubs and clubs financed by those interested in
+the sale of drink shall be treated exactly the same as public-houses. The
+various regulations given in <i>The Clubs Registration Bill</i> should be
+retained, but the certificate of registration should only be obtainable
+after the licensing justices are satisfied as to the genuine character of
+the association, and have ascertained that it is established primarily for
+some other purpose than the supply of intoxicants. As clubs cause a
+decided diminution in the revenue obtained from licensed houses, it seems
+reasonable that they should be subject to a special excise tax, graduated
+somewhat after the manner provided in Lord Randolph Churchill&#8217;s Bill.</p>
+
+<p><span class="pagenum"><a name="Page_185" id="Page_185">[Pg 185]</a></span><span class="smcap">Tied Houses.</span>&mdash;During
+recent years it has become more and more common for
+brewers to own public-houses, and to make the holders of the licences
+nominees of their own, dismissable at will. In many towns over four-fifths
+of the drink shops are either owned or controlled by brewers or wholesale
+spirit merchants. Year by year the wholesale firms are driven by
+competition to purchase more and more houses; and soon it will be
+difficult to find establishments in which the nominal publican is master
+of his own business. It was manifestly the intention of Parliament, in
+passing the various licensing Acts, to make the managers of licensed
+houses responsible persons, who would have some stake in the business, and
+to whose interest it would be to strictly observe the law; but by the
+&#8220;tied-house&#8221; system all this is changed. Through it the licensee is but
+little better than a man of straw, and the real controller is the brewer.</p>
+
+<p>There are two principal ways in which the wholesale firms &#8220;tie&#8221; a house.
+The first is as follows: A man with a small amount of capital wishes to
+take a public-house. The price of the good-will, stock and fittings of the
+place is, say, &pound;1500. The would-be publican has only &pound;300, but a brewer
+agrees to lend him &pound;800, and a spirit merchant &pound;400, on condition that he
+binds himself to deal solely off them for his liquors. This is the least
+objectionable method. The other way is for the brewer to be the owner of
+the public-house, and the publican his tenant. The latter pays a certain
+amount, varying according to the value of the house, as good-will;<span class="pagenum"><a name="Page_186" id="Page_186">[Pg 186]</a></span> and it
+is stipulated that he shall deal off the brewer for all his malt liquors.
+He is usually liable to dismissal at a very short notice; and it is an
+understood thing that if the trade of the house drops at all he will have
+to leave. He must push his business at any cost and by any means. Most of
+the breaches of the law committed by publicans are due to this; for the
+unhappy licensed victualler has often no choice except between fostering
+his trade by illegal methods or getting notice to quit.</p>
+
+<p>It might be thought that it is hardly to the interest of the brewers to
+risk losing the licences in order to do a somewhat larger trade; but those
+who argue thus are not acquainted with the working of the law. Let us
+suppose a case typical of many. A publican is convicted before the
+magistrates on some very serious charge, say that of harbouring improper
+characters; and his licence is endorsed. It may be mentioned, in passing,
+that most magistrates refuse to endorse a licence except an offence is
+very grave or frequently repeated. At the next licensing sessions the case
+comes on, and the justices demur at renewing the certificate. The lawyer
+for the owners then addresses them somewhat in this way. &#8220;The house in
+question,&#8221; he says, &#8220;is owned by the well-known firm of Messrs. Grey &amp;
+Black. They had not the slightest idea that their tenant was guilty of
+such conduct as was unhappily proved, and they greatly regret it. It is
+their wish to keep their houses respectable, and they do all in their
+power to accomplish this. In this case, immediately the licence holder was
+<span class="pagenum"><a name="Page_187" id="Page_187">[Pg 187]</a></span>convicted they gave him notice to quit. The good-will of the house has
+been sold to Mr. Tom Brown for a substantial consideration, and the old
+tenant who was convicted has no longer any interest in the place. Mr.
+Brown is a <i>most</i> respectable man; and I can bring forward unimpeachable
+witnesses, gentlemen well known to you, who will testify to this fact.
+Now, gentlemen, I cannot deny that you have the power to refuse the
+licence if you wish; but I would venture to point out to you that by doing
+so you would punish, not the man whose wrongdoing we all condemn, but
+Messrs. Grey &amp; Black who own the premises, and Mr. Tom Brown who has
+bought the good-will. Mr. Brown, though he has done nothing wrong, will be
+the loser of a very considerable sum by such a refusal. You will, perhaps,
+permit me to say, gentlemen, with all deference to your judgment, that
+such a course would not be in accordance with justice, nor with the
+honourable traditions that have always distinguished this bench.&#8221;</p>
+
+<p>In nineteen cases out of twenty the magistrates agree that it would be
+rather hard on Brown to refuse; and accordingly they grant the renewal.
+The risks of losing a licence are so small that they are hardly worth
+taking into consideration. First of all, there is very little probability
+of the police proceeding against a house, except when compelled by outside
+pressure. Then, when the police do proceed and secure a conviction, the
+licence is not usually endorsed. Even after endorsement, a judicious
+change of tenants can be made; and so the licence retained.</p>
+
+<p><span class="pagenum"><a name="Page_188" id="Page_188">[Pg 188]</a></span>The system of &#8220;tied houses&#8221; is bad for every one except the brewer. It is
+bad for the publican, for it reduces him from master of his own house to a
+servant of the wholesale firms. He has to take such liquor as they please,
+and pay the price they demand for it. It is a recognised custom in the
+trade for some if not all of the brewers to charge their &#8220;tied&#8221; customers
+more than they do the free.</p>
+
+<p>The plan is bad for the public. In place of the main business of the
+publican being to satisfy his customers, it is to retain the good-will of
+the owner of the house. In a district where one firm controls all the
+houses, there is no longer competition between the different publicans as
+to which shall sell the best drink, for all sell the same; and the brewer
+is able to palm off his worst brews on the people there.</p>
+
+<p>Last, but chief of all, it is bad for good order and for the general
+well-being. The licensed victualler, being placed in such a position, is
+too often willing to adopt risky methods for attracting custom, which he
+would not venture to employ had he a substantial stake in the house. By
+this he not only injures the character of his own premises, but compels
+his rivals, who own free houses, to imitate him in order that they may not
+lose their trade. And so the whole method of conducting business in the
+neighbourhood is lowered.</p>
+
+<p>The <i>Times</i> cannot be accused of teetotal bias; and an utterance by it on
+this matter will command weight. &#8220;The natural tendency of a brewer is
+simply to push<span class="pagenum"><a name="Page_189" id="Page_189">[Pg 189]</a></span> the sale of his beer,&#8221; said that journal in a leading
+article on 12th September, 1892. &#8220;Provided no forfeiture of the licence be
+incurred, the especial manner in which the business is conducted does not
+matter much to him. His main desire is that the neighbourhood shall drink
+as much as possible. His servant, the publican, who has little or no
+property invested in the premises, has no strong personal motive for
+caution. He wishes to ingratiate himself with his employer by promoting a
+liberal consumption. The fear of risking the licence affects him far less
+than if it meant for him positive commercial ruin. From the point of view
+even of the customers, it has been felt that a spread of the monopoly of
+brewers is inconvenient. When a brewer is absolute master of a house he
+can, unchallenged, supply it with bad or unwholesome liquors.... Practical
+experience, at all events, has created a keen jealousy of the system of
+tied houses, and a determination to make a stand against its unlimited
+predominance.... Where the function of a court is the commission to
+certain persons to conduct a trade under its supervision, its manifest
+duty is to see that its delegates are free agents. A publican who can be
+ejected at once, or be subjected to ruinous penalties, if he exercise the
+least liberty of choice of his stock, and unless he accept any trash a
+brewer consigns to him, is a cipher.&#8221;</p>
+
+<p>A remedy lies all ready in the hands of the licensing justices, if they
+would only use it. Nothing would be easier than for them to demand the
+production of all<span class="pagenum"><a name="Page_190" id="Page_190">[Pg 190]</a></span> agreements under which the publicans are occupiers of
+their houses, and to refuse (after due notice) to grant the renewal of the
+licence of any house in which the tenant is not a <i>bon&acirc;-fide</i> free agent.
+But there is little prospect of the licensing justices doing this until
+they are compelled. The most practicable remedy seems to be a short Act of
+Parliament, providing that in no case is a licensed victualler to enter
+into any contracts which will make him responsible to any but the
+licensing authority for the conduct of his house; and that it shall be
+illegal for him to bind himself to purchase his stock in whole or part
+from any particular firm or firms. It should be forbidden for brewers or
+wholesale spirit merchants to own all or part of any public-houses. It
+might be further provided that the licensing authority is to satisfy
+itself that the publican is genuinely a free agent before granting or
+renewing his licence.</p>
+
+<p>Such an Act would no doubt receive considerable opposition from many
+brewers, though even to some of them it would not be unwelcome. The
+present method compels them to sink a vast amount of capital in buying up
+licences, and gives the small brewer (who possibly produces better drink
+than his wealthier rivals) little chance of competing against the great
+firms. To the majority of publicans such a law would be acceptable, for it
+would raise their position and increase their profits. And the gain to
+public order would be greater than that which is likely to result from
+many more ambitious schemes.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_191" id="Page_191">[Pg 191]</a></span></p>
+<h2><a name="CHAPTER_4.IV" id="CHAPTER_4.IV"></a>CHAPTER IV.</h2>
+<h3>THE PATH OF PROGRESS.</h3>
+
+<p>The problem of licensing reform, as every one who has given it even the
+most cursory attention will readily admit, is by no means an easy one.
+Whatever step may be proposed is certain to excite the opposition of many.
+It is impossible for even the most astute statesman to formulate a plan
+that will receive the assent and approval of extremists of either school.
+Almost every one, Liberal or Conservative, admits that the present state
+of affairs is wholly unsatisfactory, and that it demands immediate
+treatment. Under it we have a vastly excessive number of public-houses, a
+weak system of supervision, and an entire lack of local control. The
+publican who wishes to carry on his business decently and respectably
+often finds it impossible to do so without heavy pecuniary sacrifice, on
+account of his more unscrupulous licensed rivals, who are willing to
+descend to any tricks to increase their trade. The whole system of
+licensing is based on the personal caprices of individual magistrates
+rather than on any uniform plan.</p>
+
+<p>For many years all these things have been admitted and deplored. For at
+least a quarter of a century statesmen have declared that the present
+state of the law is<span class="pagenum"><a name="Page_192" id="Page_192">[Pg 192]</a></span> disgraceful, and cannot be permitted to longer
+continue. Yet it still remains the same.</p>
+
+<p>Can nothing be done? Are the imagined interests of a small body of rich
+men to over-ride the welfare of the whole nation? It almost seems as
+though our legislators had resigned themselves to this. One thing at least
+is certain. No sweeping change has any hope, at least for the present, of
+coming into law. A drastic licensing Bill, into which one of the great
+political parties put all its strength, might pass the House of Commons,
+but would inevitably be defeated by the Lords. The body which rejected
+without a division the Bishop of London&#8217;s Bill, and which mutilated the
+non-partisan Irish Sale of Intoxicating Liquors Bill, will show but little
+consideration for any thorough-going schemes. Reformers of one school
+reply: &#8220;Then let us abolish the House of Lords&#8221;. This is very easy to say;
+but if we have to wait for licensing reform until the Lords are abolished,
+then there is not much hope for improvement in this generation. A more
+politic course would seem to be the carrying of temperance legislation by
+piecemeal. Little by little the law may be changed; glaring anomalies may
+be removed, manifest injustices altered, until at last, while our liquor
+laws will not be theoretically perfect, they may at least be made
+reasonably workable.</p>
+
+<p>The following suggestions as to the lines which such alterations might
+take contain nothing that has not been approved by many members of
+Parliament of both parties.</p>
+
+<p>1. It is generally admitted that there are far too many<span class="pagenum"><a name="Page_193" id="Page_193">[Pg 193]</a></span> public-houses. No
+doubt it would be found very difficult to reduce the number of those
+already licensed, but there should be little trouble in preventing the
+issuance of new licences. Let it be enacted that in no case shall a person
+be permitted to apply for a public-house licence unless he has previously
+obtained the signatures of one half of the resident electors in the
+immediate neighbourhood to a petition requesting such a licence. Even when
+such signatures have been obtained, the magistrates would still retain
+their option of refusal.</p>
+
+<p>2. The second reform has already been before the House of Commons. Let
+every district have the option of Sunday closing, as provided in the
+<i>Liquor Traffic (Local Control) Bill</i>, 1893. To this might well be
+added the choice of keeping the houses open on Sundays for two hours only.</p>
+
+<p>3. Let the appeal to Quarter Sessions in case of the refusal of the
+renewal of licences be abolished, except for manifest illegality on the
+part of the local licensing session. At present the licensing magistrates
+in many parts will not use their unquestioned power of refusing
+unnecessary licences, because they are aware that their decision is almost
+certain to be reversed at the Quarter Sessions. The county magistrates,
+knowing nothing of local needs, continually over-ride the deliberate
+judgment of the local justices.</p>
+
+<p>4. Have a system of supervision of public-houses entirely independent of
+local control, as proposed by Mr. Bruce in 1871.</p>
+
+<p><span class="pagenum"><a name="Page_194" id="Page_194">[Pg 194]</a></span>Those who have carefully watched the working of the present laws know that
+the police do no part of their work so inefficiently as the control of
+public-houses. This is due to two causes&mdash;bribery, and the power of the
+drink sellers in local government. The bribes received by the police are
+usually very small, and no doubt many constables look upon them as their
+regular perquisites. The man on the beat knows where he will find a pot of
+beer left out for him on a hot day; and he would be more than human if he
+did not look on the doings of the publican with a kindly eye after
+quenching his thirst with the publican&#8217;s liquor. But this securing the
+good-will of the police is comparatively unimportant, and is practically
+incapable of legal proof. A far more serious thing is the influence
+steadily brought to bear on the police in many small municipalities, to
+cause them to refrain from proceeding against certain public-houses. The
+municipal police are solely dependent for pay and promotion on the Local
+Watch Committee and the Town Council. The Council is often largely
+controlled by the men who own the public-houses. Now the most obtuse
+policeman well understands that if he were to lay information against the
+manager of a house owned by a town councillor, or by the head of one of
+the local political associations, it would make his prospects of
+advancement no brighter. He might be praised by the papers for his zeal;
+but when a chance of promotion came up, he would be passed over for some
+one else.</p>
+
+<p>This is no imaginary danger. Many who have tried<span class="pagenum"><a name="Page_195" id="Page_195">[Pg 195]</a></span> to secure the better
+enforcement of licensing laws in towns know well that too often the police
+will not move further than they are compelled, and then they will do as
+little as is compatible with appearances.</p>
+
+<p>If there were public-house inspectors entirely independent of local
+influence, and frequently moved from place to place, a great improvement
+in the management of many licensed premises would at once be apparent. The
+law-abiding publican would have a better chance of success, and would not
+be handicapped in the way he is at present.</p>
+
+<p>5. Let all public-houses be closed on municipal and parliamentary election days.</p>
+
+<p>Other urgently needed reforms, such as the control of clubs, and the
+abolition of tied houses, have been described in preceding chapters, and
+need not be recapitulated here.</p>
+
+<hr style="width: 25%;" />
+
+<p>I feel that I would be untrue to my own convictions if I closed this
+volume without a final word to those who have followed me so far. I have
+tried to treat the subject calmly and dispassionately; and zealous
+reformers may possibly complain (as some have already complained of those
+parts published in periodical form) that my tone is cold and
+unsympathetic. I can only assure them that it is from no lack of earnest
+desire to promote true temperance. But the cause of reform will not be
+advanced by special pleading, or by that impetuous enthusiasm which leads
+men to overlook facts in<span class="pagenum"><a name="Page_196" id="Page_196">[Pg 196]</a></span> order to give a reasonable air to their
+theories. The first work of a reformer should be to master his facts, and
+to discover what lessons the experiments and the mistakes of those who
+have preceded him can teach.</p>
+
+<p>We are often told that it is impossible to make men sober by Act of
+Parliament; and no doubt all legislation that seeks to suppress evil has
+to fight against strong opposition. But do those who so lightly quote this
+empty aphorism ever seriously resolve to persuade men to be sober by other
+means? or are they content to let a smart phrase run glibly from their
+lips as an excuse for doing nothing? To-day we are face to face with a
+gigantic evil that is destroying much that is brightest and fairest in our
+national life. To all who have any notion of patriotism, to all who have
+any real desire for the welfare of the people, and especially to all to
+whom the commands of the Carpenter of Nazareth are something more than
+mere words,&mdash;the call comes to take their part in the battle for its
+suppression. How are we to work, each man must decide for himself; but
+none of us can shirk the manifest duty of doing something, and of doing
+our best, without wrong.</p>
+
+<p>It is admitted that Acts of Parliament can help in promoting sobriety only
+so far as they are backed up by a strong public sentiment, and by the
+earnest endeavours of the people. Legislation can remove temptation, it
+can make virtue easier; but it cannot do everything. Along with it must go
+steady work for the brightening of every-day life, for the easing of
+conditions of labour, for <span class="pagenum"><a name="Page_197" id="Page_197">[Pg 197]</a></span>improving the dwellings of the poor, for
+raising the moral tone, for the realisation by all of the sacredness of
+this life, and the need to make the most of its opportunities.</p>
+
+<p>As we survey the forces against us in this fight, we may sometimes be
+inclined to despair of its issue. On the side of intemperance and
+self-indulgence are great resources of wealth, power, self-interest, and
+unscrupulousness. Shall we conquer, or is the wrong to triumph over us?
+The words of a great thinker, written on another subject, best give the
+answer: &#8220;The ultimate issue of the struggle is certain. If any one doubts
+the general preponderance of good over evil in human nature, he has only
+to study the history of moral crusades. The enthusiastic energy and
+self-devotion with which a great moral cause inspires its soldiers always
+have prevailed, and always will prevail, over any amount of self-interest
+or material power arrayed on the other side.&#8221;<small><a name="f10.1" id="f10.1" href="#f10">
+[10]</a></small></p>
+
+<p><span class="pagenum"><a name="Page_198" id="Page_198">[Pg 198]</a></span></p>
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_199" id="Page_199">[Pg 199]</a></span></p>
+<h2><a name="APPENDIX_I" id="APPENDIX_I"></a>APPENDIX I.</h2>
+<h3>THE CONDITION OF WORKING MEN IN MAINE.</h3>
+
+<p>The <i>Fifth Annual Report of the Bureau of Industrial and Labour Statistics
+for Maine</i> (Augusta, 1892) gives a set of very full returns from which it
+is possible to ascertain the exact position of working men under
+prohibition. A personal canvass was made of working men of all classes,
+the unskilled and lower paid, as well as the best and highest paid. Space
+will not permit me to quote more than a brief <i>r&eacute;sum&eacute;</i>.</p>
+
+<p>&#8220;The following is a general summary of some of the more important
+statistics derived from the reports of working men. Whole number of
+reports, 1082; number American born, 895; number foreign born, 187; number
+owning homes, 285; value of homes, 405,850 dollars; number of homes
+mortgaged, 60; amount of mortgages, 26,169 dollars; number renting, 481;
+number having savings bank accounts, 181; number who have accumulated
+savings in former years, 696; during past year, 595; run into debt during
+past year, 104; neither gained nor lost during past year, 383.&#8221;</p>
+
+<p>Of 745 men with families, the average annual income was 527 dollars 1 cent
+per family yearly. The average annual income of 265 single working men was
+395 dollars 1 cent, and of 53 single working women, 259 dollars 64 cents.
+The amounts saved from income averaged, men with families, 12 per cent.,
+single men, 17 per cent., and single women, 9 per cent.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><span class="pagenum"><a name="Page_200" id="Page_200">[Pg 200]</a></span></p>
+<h2><a name="APPENDIX_II" id="APPENDIX_II"></a>APPENDIX II.</h2>
+<h3>THE GIN ACT, 1736.</h3>
+
+<p>Whereas the excessive drinking of spirituous liquors by the common people
+tends not only to the destruction of their health, and the debauching of
+their morals, but to public ruin:</p>
+
+<p>For remedy thereof&mdash;</p>
+
+<p>Be it enacted, that from the 29th September no person shall presume, by
+themselves or any others employed by them, to sell or retail any brandy,
+rum, arrack, usquebaugh, geneva, aqua vit&aelig;, or any other distilled
+spirituous liquors, mixed or unmixed, in any less quantity than two
+gallons, without first taking out a licence for that purpose within ten
+days at least before they sell or retail the same; for which they shall
+pay down &pound;50, to be renewed ten days before the year expires, paying the
+like sum; and in case of neglect to forfeit &pound;100; such licences to be
+taken out within the limits of the penny post at the chief office of
+excise, London, and at the next chief office of excise for the country.
+And be it enacted, that for all such spirituous liquors as any retailers
+shall be possessed of on or after the 29th September, 1736, there shall be
+paid a duty of 20s. per gallon, and so on in proportion for a greater or
+lesser quantity above all other duties charged on the same.</p>
+
+<p>The collecting the rates by this Act imposed to be under the management of
+the commissioners and officers of excise by all the excise laws now in
+force (except otherwise provided by this Act); and all monies arising by
+the said duties or licences for sale thereof shall be paid into the
+receipt of his majesty&#8217;s exchequer, distinctly from other branches of the
+public revenue; one moiety of the fines, penalties and forfeitures to be
+paid to his majesty and successors, the other to the person who shall
+inform on any one for the same.</p>
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<div class="adverts">
+<p class="center"><big>SOCIAL SCIENCE SERIES.</big></p>
+<p class="center"><i>SCARLET CLOTH, EACH 2s. 6d.</i></p>
+
+<p>1. <b>Work and Wages.</b> Prof. <span class="smcap">J. E. Thorold Rogers</span>.</p>
+
+<p class="dent">&#8220;Nothing that Professor Rogers writes can fail to be of interest to
+thoughtful people.&#8221;&mdash;<i>Athen&aelig;um.</i></p>
+
+<p>2. <b>Civilisation: Its Cause and Cure.</b> <span class="smcap">Edward Carpenter.</span></p>
+
+<p class="dent">&#8220;No passing piece of polemics, but a permanent possession.&#8221;&mdash;<i>Scottish
+Review.</i></p>
+
+<p>3. <b>Quintessence of Socialism.</b> Dr. <span class="smcap">Sch&auml;ffle</span>.</p>
+
+<p class="dent">&#8220;Precisely the manual needed. Brief, lucid, fair and wise.&#8221;&mdash;<i>British
+Weekly.</i></p>
+
+<p>4. <b>Darwinism and Politics.</b> <span class="smcap">D. G. Ritchie</span>, M.A. (Oxon.).</p>
+
+<p class="dent">New Edition, with two additional Essays on <span class="smcap">Human Evolution</span>.</p>
+
+<p class="dent">&#8220;One of the most suggestive books we have met with.&#8221;&mdash;<i>Literary World.</i></p>
+
+<p>5. <b>Religion of Socialism.</b> <span class="smcap">E. Belfort Bax.</span></p>
+
+<p>6. <b>Ethics of Socialism.</b> <span class="smcap">E. Belfort Bax.</span></p>
+
+<p class="dent">&#8220;Mr. Bax is by far the ablest of the English exponents of Socialism.&#8221;&mdash;<i>Westminster Review.</i></p>
+
+<p>7. <b>The Drink Question.</b> Dr. <span class="smcap">Kate Mitchell</span>.</p>
+
+<p class="dent">&#8220;Plenty of interesting matter for reflection.&#8221;&mdash;<i>Graphic.</i></p>
+
+<p>8. <b>Promotion of General Happiness.</b> Prof. <span class="smcap">M. Macmillan.</span></p>
+
+<p class="dent">&#8220;A reasoned account of the most advanced and most enlightened utilitarian
+doctrine in a clear and readable form.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>9. <b>England&#8217;s Ideal, &amp;c.</b> <span class="smcap">Edward Carpenter.</span></p>
+
+<p class="dent">&#8220;The literary power is unmistakable, their freshness of style, their
+humour, and their enthusiasm.&#8221;&mdash;<i>Pall Mall Gazette.</i></p>
+
+<p>10. <b>Socialism in England.</b> <span class="smcap">Sidney Webb</span>, LL.B.</p>
+
+<p class="dent">&#8220;The best general view of the subject from the modern Socialist side.&#8221;&mdash;<i>Athen&aelig;um.</i></p>
+
+<p>11. <b>Prince Bismarck and State Socialism.</b> <span class="smcap">W. H. Dawson.</span></p>
+
+<p class="dent">&#8220;A succinct, well-digested review of German social and economic
+legislation since 1870.&#8221;&mdash;<i>Saturday Review.</i></p>
+
+<p>12. <b>Godwin&#8217;s Political Justice (On Property).</b> Edited by <span class="smcap">H. S. Salt.</span></p>
+
+<p class="dent">&#8220;Shows Godwin at his best; with an interesting and informing
+introduction.&#8221;&mdash;<i>Glasgow Herald.</i></p>
+
+<p>13. <b>The Story of the French Revolution.</b> <span class="smcap">E. Belfort Bax.</span></p>
+
+<p class="dent">&#8220;A trustworthy outline.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>14. <b>The Co-Operative Commonwealth.</b> <span class="smcap">Laurence Gronlund.</span></p>
+
+<p class="dent">&#8220;An independent exposition of the Socialism of the Marx
+school.&#8221;&mdash;<i>Contemporary Review.</i></p>
+
+<p>15. <b>Essays and Addresses.</b> <span class="smcap">Bernard Bosanquet</span>, M.A. (Oxon.).</p>
+
+<p class="dent">&#8220;Ought to be in the hands of every student of the Nineteenth Century spirit.&#8221;&mdash;<i>Echo.</i></p>
+
+<p class="dent">&#8220;No one can complain of not being able to understand what Mr. Bosanquet
+means.&#8221;&mdash;<i>Pall Mall Gazette.</i></p>
+
+<p>16. <b>Charity Organisation.</b> <span class="smcap">C. S. Loch</span>, Secretary to Charity Organisation
+Society.</p>
+
+<p class="dent">&#8220;A perfect little manual.&#8221;&mdash;<i>Athen&aelig;um.</i></p>
+
+<p class="dent">&#8220;Deserves a wide circulation.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>17. <b>Thoreau&#8217;s Anti-Slavery and Reform Papers.</b> Edited by <span class="smcap">H. S. Salt</span>.</p>
+
+<p class="dent">&#8220;An interesting collection of essays.&#8221;&mdash;<i>Literary World.</i></p>
+
+<p>18. <b>Self-Help a Hundred Years Ago.</b> <span class="smcap">G. J. Holyoake.</span></p>
+
+<p class="dent">&#8220;Will be studied with much benefit by all who are interested in the
+amelioration of the condition of the poor.&#8221;&mdash;<i>Morning Post.</i></p>
+
+<p>19. <b>The New York State Reformatory at Elmira.</b> <span class="smcap">Alexander Winter.</span> With
+Preface by <span class="smcap">Havelock Ellis</span>.</p>
+
+<p class="dent">&#8220;A valuable contribution to the literature of penology.&#8221;&mdash;<i>Black and White.</i></p>
+
+<p>20. <b>Common Sense about Women.</b> <span class="smcap">T. W. Higginson.</span></p>
+
+<p class="dent">&#8220;An admirable collection of papers, advocating in the most liberal spirit
+the emancipation of women.&#8221;&mdash;<i>Woman&#8217;s Herald.</i></p>
+
+<p>21. <b>The Unearned Increment.</b> <span class="smcap">W. H. Dawson.</span></p>
+
+<p class="dent">&#8220;A concise but comprehensive volume.&#8221;&mdash;<i>Echo.</i></p>
+
+<p>22. <b>Our Destiny.</b> <span class="smcap">Laurence Gronlund.</span></p>
+
+<p class="dent">&#8220;A very vigorous little book, dealing with the influence of Socialism on
+morals and religion.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>23. <b>The Working-Class Movement in America.</b> Dr. <span class="smcap">Edward</span> and <span class="smcap">E. Marx Aveling</span>.</p>
+
+<p class="dent">&#8220;Will give a good idea of the condition of the working classes in America,
+and of the various organisations which they have formed.&#8221;&mdash;<i>Scots Leader.</i></p>
+
+<p>24. <b>Luxury.</b> Prof. <span class="smcap">Emile de Laveleye</span>.</p>
+
+<p class="dent">&#8220;An eloquent plea on moral and economical grounds for simplicity of life.&#8221;&mdash;<i>Academy.</i></p>
+
+<p>25. <b>The Land and the Labourers.</b> Rev. <span class="smcap">C. W. Stubbs</span>, M.A.</p>
+
+<p class="dent">&#8220;This admirable book should be circulated in every village in the
+country.&#8221;&mdash;<i>Manchester Guardian.</i></p>
+
+<p>26. <b>The Evolution of Property.</b> <span class="smcap">Paul Lafargue.</span></p>
+
+<p class="dent">&#8220;Will prove interesting and profitable to all students of economic
+history.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>27. <b>Crime and its Causes.</b> <span class="smcap">W. Douglas Morrison.</span></p>
+
+<p class="dent">&#8220;Can hardly fail to suggest to all readers several new and pregnant
+reflections on the subject.&#8221;&mdash;<i>Anti-Jacobin.</i></p>
+
+<p>28. <b>Principles of State Interference.</b> <span class="smcap">D. G. Ritchie</span>, M.A.</p>
+
+<p class="dent">&#8220;An interesting contribution to the controversy on the functions of the
+State.&#8221;&mdash;<i>Glasgow Herald.</i></p>
+
+<p>29. <b>German Socialism and F. Lassalle.</b> <span class="smcap">W. H. Dawson.</span></p>
+
+<p class="dent">&#8220;As a biographical history of German Socialistic movements during this
+century it may be accepted as complete.&#8221;&mdash;<i>British Weekly.</i></p>
+
+<p>30. <b>The Purse and the Conscience.</b> <span class="smcap">H. M. Thompson</span>, B.A. (Cantab.).</p>
+
+<p class="dent">&#8220;Shows common sense and fairness in his arguments.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>31. <b>Origin of Property in Land.</b> <span class="smcap">Fustel de Coulanges.</span> Edited, with an
+Introductory Chapter on the English Manor, by Prof. <span class="smcap">W. J. Ashley</span>, M.A.</p>
+
+<p class="dent">&#8220;His views are clearly stated, and are worth reading.&#8221;&mdash;<i>Saturday Review.</i></p>
+
+<p>32. <b>The English Republic.</b> <span class="smcap">W. J. Linton.</span> Edited by <span class="smcap">Kineton Parkes</span>.</p>
+
+<p class="dent">&#8220;Characterised by that vigorous intellectuality which has marked his long
+life of literary and artistic activity.&#8221;&mdash;<i>Glasgow Herald.</i></p>
+
+<p>33. <b>The Co-Operative Movement.</b> <span class="smcap">Beatrice Potter.</span></p>
+
+<p class="dent">&#8220;Without doubt the ablest and most philosophical analysis of the
+Co-Operative Movement which has yet been produced.&#8221;&mdash;<i>Speaker.</i></p>
+
+<p>34. <b>Neighbourhood Guilds.</b> Dr. <span class="smcap">Stanton Coit</span>.</p>
+
+<p class="dent">&#8220;A most suggestive little book to anyone interested in the social
+question.&#8221;&mdash;<i>Pall Mall Gazette.</i></p>
+
+<p>35. <b>Modern Humanists.</b> <span class="smcap">J. M. Robertson.</span></p>
+
+<p class="dent">&#8220;Mr. Robertson&#8217;s style is excellent&mdash;nay, even brilliant&mdash;and his purely
+literary criticisms bear the mark of much acumen.&#8221;&mdash;<i>Times.</i></p>
+
+<p>36. <b>Outlooks from the New Standpoint.</b> <span class="smcap">E. Belfort Bax.</span></p>
+
+<p class="dent">&#8220;Mr. Bax is a very acute and accomplished student of history and
+economics.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>37. <b>Distributing Co-Operative Societies.</b> Dr. <span class="smcap">Luigi Pizzamiglio</span>. Edited by
+<span class="smcap">F. J. Snell</span>.</p>
+
+<p class="dent">&#8220;Dr. Pizzamiglio has gathered together and grouped a wide array of facts
+and statistics, and they speak for themselves.&#8221;&mdash;<i>Speaker.</i></p>
+
+<p>38. <b>Collectivism and Socialism.</b> By <span class="smcap">A. Nacquet</span>. Edited by <span class="smcap">W. Heaford</span>.</p>
+
+<p class="dent">&#8220;An admirable criticism by a well-known French politician of the New
+Socialism of Marx and Lassalle.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>39. <b>The London Programme.</b> <span class="smcap">Sidney Webb</span>, LL.B.</p>
+
+<p class="dent">&#8220;Brimful of excellent ideas.&#8221;&mdash;<i>Anti-Jacobin.</i></p>
+
+<p>40. <b>The Modern State.</b> <span class="smcap">Paul Leroy Beaulieu.</span></p>
+
+<p class="dent">&#8220;A most interesting book; well worth a place in the library of every
+social inquirer.&#8221;&mdash;<i>N. B. Economist.</i></p>
+
+<p>41. <b>The Condition of Labour.</b> <span class="smcap">Henry George.</span></p>
+
+<p class="dent">&#8220;Written with striking ability, and sure to attract
+attention.&#8221;&mdash;<i>Newcastle Chronicle.</i></p>
+
+<p>42. <b>The Revolutionary Spirit preceding the French Revolution.</b> <span class="smcap">Felix
+Rocquain.</span> With a Preface by Professor <span class="smcap">Huxley</span>.</p>
+
+<p class="dent">&#8220;The student of the French Revolution will find in it an excellent
+introduction to the study of that catastrophe.&#8221;&mdash;<i>Scotsman.</i></p>
+
+<p>43. <b>The Student&#8217;s Marx.</b> <span class="smcap">Edward Aveling</span>, D.Sc.</p>
+
+<p class="dent">&#8220;One of the most practically useful of any in the Series.&#8221;&mdash;<i>Glasgow Herald.</i></p>
+
+<p>44. <b>A Short History of Parliament.</b> <span class="smcap">B. C. Skottowe</span>, M.A. (Oxon.).</p>
+
+<p class="dent">&#8220;Deals very carefully and completely with this side of constitutional history.&#8221;&mdash;<i>Spectator.</i></p>
+
+<p>45. <b>Poverty: Its Genesis and Exodus.</b> <span class="smcap">J. G. Godard.</span></p>
+
+<p class="dent">&#8220;He states the problems with great force and clearness.&#8221;&mdash;<i>N. B. Economist.</i></p>
+
+<p>46. <b>The Trade Policy of Imperial Federation.</b> <span class="smcap">Maurice H. Hervey.</span></p>
+
+<p class="dent">&#8220;An interesting contribution to the discussion.&#8221;&mdash;<i>Publishers&#8217; Circular.</i></p>
+
+<p>47. <b>The Dawn of Radicalism.</b> <span class="smcap">J. Bowles Daly</span>, LL.D.</p>
+
+<p class="dent">&#8220;Forms an admirable picture of an epoch more pregnant, perhaps, with
+political instruction than any other in the world&#8217;s history.&#8221;&mdash;<i>Daily Telegraph.</i></p>
+
+<p>48. <b>The Destitute Alien in Great Britain.</b> <span class="smcap">Arnold White</span>; <span class="smcap">Montague
+Crackanthorpe</span>, Q.C.; <span class="smcap">W. A. M&#8217;Arthur</span>, M.P.; <span class="smcap">W. H. Wilkins</span>, &amp;c.</p>
+
+<p class="dent">&#8220;Much valuable information concerning a burning question of the day.&#8221;&mdash;<i>Times.</i></p>
+
+<p>49. <b>Illegitimacy and the Influence of Seasons on Conduct.</b> <span class="smcap">Albert Leffingwell</span>, M.D.</p>
+
+<p class="dent">&#8220;We have not often seen a work based on statistics which is more
+continuously interesting.&#8221;&mdash;<i>Westminster Review.</i></p>
+
+<p>50. <b>Commercial Crises of the Nineteenth Century.</b> <span class="smcap">H. M. Hyndman.</span></p>
+
+<p class="dent">&#8220;One of the best and most permanently useful volumes of the
+Series.&#8221;&mdash;<i>Literary Opinion.</i></p>
+
+<p>51. <b>The State and Pensions in Old Age.</b> <span class="smcap">J. A. Spender</span> and <span class="smcap">Arthur Acland</span>, M.P.</p>
+
+<p class="dent">&#8220;A careful and cautious examination of the question.&#8221;&mdash;<i>Times.</i></p>
+
+<p>52. <b>The Fallacy of Saving.</b> <span class="smcap">John M. Robertson.</span></p>
+
+<p class="dent">&#8220;A plea for the reorganisation of our social and industrial system.&#8221;&mdash;<i>Speaker.</i></p>
+
+<p>53. <b>The Irish Peasant.</b> <span class="smcap">Anon.</span></p>
+
+<p class="dent">&#8220;A real contribution to the Irish Problem by a close, patient and
+dispassionate investigator.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>54. <b>The Effects of Machinery on Wages.</b> Prof. <span class="smcap">J. S. Nicholson</span>, D.Sc.</p>
+
+<p class="dent">&#8220;Ably reasoned, clearly stated, impartially written.&#8221;&mdash;<i>Literary World.</i></p>
+
+<p>55. <b>The Social Horizon.</b> <span class="smcap">Anon.</span></p>
+
+<p class="dent">&#8220;A really admirable little book, bright, clear, and unconventional.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>56. <b>Socialism, Utopian and Scientific.</b> <span class="smcap">Frederick Engels.</span></p>
+
+<p class="dent">&#8220;The body of the book is still fresh and striking.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>57. <b>Land Nationalisation.</b> <span class="smcap">A. R. Wallace.</span></p>
+
+<p class="dent">&#8220;The most instructive and convincing of the popular works on the
+subject.&#8221;&mdash;<i>National Reformer.</i></p>
+
+<p>58. <b>The Ethic of Usury and Interest.</b> Rev. <span class="smcap">W. Blissard</span>.</p>
+
+<p class="dent">&#8220;The work is marked by genuine ability.&#8221;&mdash;<i>North British Agriculturalist.</i></p>
+
+<p>59. <b>The Emancipation of Women.</b> <span class="smcap">Adele Crepaz.</span></p>
+
+<p class="dent">&#8220;By far the most comprehensive, luminous, and penetrating work on this
+question that I have yet met with.&#8221;&mdash;<i>Extract from</i> Mr. <span class="smcap">Gladstone&#8217;s</span>
+<i>Preface</i>.</p>
+
+<p>60. <b>The Eight Hours Question.</b> <span class="smcap">John M. Robertson.</span></p>
+
+<p class="dent">&#8220;A very cogent and sustained argument on what is at present the unpopular
+side.&#8221;&mdash;<i>Times.</i></p>
+
+<p>61. <b>Drunkenness.</b> <span class="smcap">George R. Wilson</span>, M.B.</p>
+
+<p class="dent">&#8220;Well written, carefully reasoned, free from cant, and full of sound
+sense.&#8221;&mdash;<i>National Observer.</i></p>
+
+<p>62. <b>The New Reformation.</b> <span class="smcap">Ramsden Balmforth.</span></p>
+
+<p class="dent">&#8220;A striking presentation of the nascent religion, how best to realize the
+personal and social ideal.&#8221;&mdash;<i>Westminster Review.</i></p>
+
+<p>63. <b>The Agricultural Labourer.</b> <span class="smcap">T. E. Kebbel.</span></p>
+
+<p class="dent">&#8220;A short summary of his position, with appendices on wages, education,
+allotments, etc., etc.&#8221;</p>
+
+<p>64. <b>Ferdinand Lassalle as a Social Reformer.</b> <span class="smcap">E. Bernstein.</span></p>
+
+<p class="dent">&#8220;A worthy addition to the Social Science Series.&#8221;&mdash;<i>North British
+Economist.</i></p>
+
+<p>65. <b>England&#8217;s Foreign Trade in XIXth Century.</b> <span class="smcap">A. L. Bowley.</span></p>
+
+<p class="dent">&#8220;Full of valuable information, carefully compiled.&#8221;&mdash;<i>Times.</i></p>
+
+<p>66. <b>Theory and Policy of Labour Protection.</b> Dr. <span class="smcap">Sch&auml;ffle</span>.</p>
+
+<p class="dent">&#8220;An attempt to systematize a conservative programme of reform.&#8221;&mdash;<i>Man.
+Guard.</i></p>
+
+<p>67. <b>History of Rochdale Pioneers.</b> <span class="smcap">G. J. Holyoake.</span></p>
+
+<p class="dent">&#8220;Brought down from 1844 to the Rochdale Congress of 1892.&#8221;&mdash;<i>Co-Op. News.</i></p>
+
+<p>68. <b>Rights of Women.</b> <span class="smcap">M. Ostragorski.</span></p>
+
+<p class="dent">&#8220;An admirable storehouse of precedents, conveniently arranged.&#8221;&mdash;<i>Daily Chron.</i></p>
+
+<p>69. <b>Dwellings of the People.</b> <span class="smcap">Locke Worthington.</span></p>
+
+<p class="dent">&#8220;A valuable contribution to one of the most pressing problems of the day.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>70. <b>Hours, Wages, and Production.</b> Dr. <span class="smcap">Brentano</span>.</p>
+
+<p class="dent">&#8220;Characterised by all Professor Brentano&#8217;s clearness of style.&#8221;&mdash;<i>Economic
+Review.</i></p>
+
+<p>71. <b>Rise of Modern Democracy.</b> <span class="smcap">Ch. Borgeaud.</span></p>
+
+<p class="dent">&#8220;A very useful little volume, characterised by exact research.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>72. <b>Land Systems of Australasia.</b> <span class="smcap">Wm. Epps.</span></p>
+
+<p class="dent">&#8220;Exceedingly valuable at the present time of depression and difficulty.&#8221;&mdash;<i>Scots. Mag.</i></p>
+
+<p>73. <b>The Tyranny of Socialism.</b> <span class="smcap">Yves Guyot.</span> Pref. by <span class="smcap">J. H. Levy</span>.</p>
+
+<p class="dent">&#8220;M. Guyot is smart, lively, trenchant, and interesting.&#8221;&mdash;<i>Daily Chronicle.</i></p>
+
+<p>74. <b>Population and the Social System.</b> Dr. <span class="smcap">Nith</span>.</p>
+
+<p class="dent">&#8220;A very valuable work of an Italian economist.&#8221;&mdash;<i>West. Rev.</i></p>
+
+<p>75. <b>The Labour Question.</b> <span class="smcap">T. G. Spyers.</span></p>
+
+<p class="dent">&#8220;Will be found extremely useful.&#8221;&mdash;<i>Times.</i></p>
+
+<p>76. <b>British Freewomen.</b> <span class="smcap">C. C. Stopes.</span></p>
+
+<p class="dent">&#8220;The most complete study of the Women&#8217;s Suffrage question.&#8221;&mdash;<i>English Wom. Rev.</i></p>
+
+<p>77. <b>Suicide and Insanity.</b> Dr. <span class="smcap">J. K. Strahan</span>.</p>
+
+<p class="dent">&#8220;An interesting monograph dealing exhaustively with the subject.&#8221;&mdash;<i>Times.</i></p>
+
+<p>78. <b>A History of Tithes.</b> Rev. <span class="smcap">H. W. Clarke</span>.</p>
+
+<p class="dent">&#8220;May be recommended to all who desire an accurate idea of the subject.&#8221;&mdash;<i>D. Chron.</i></p>
+
+<p>79. <b>Three Months in a Workshop.</b> <span class="smcap">P. Gohre</span>, with Pref. by Prof. <span class="smcap">Ely</span>.</p>
+
+<p class="dent">&#8220;A vivid picture of the state of mind of German workmen.&#8221;&mdash;<i>Manch. Guard.</i></p>
+
+<p>80. <b>Darwinism and Race Progress.</b> Prof. <span class="smcap">J. B. Haycraft</span>.</p>
+
+<p class="dent">&#8220;An interesting subject treated in an attractive fashion.&#8221;&mdash;<i>Glasgow Herald.</i></p>
+
+<p>81. <b>Local Taxation and Finance.</b> <span class="smcap">G. H. Blunden.</span></p>
+
+<p>82. <b>Perils to British Trade.</b> <span class="smcap">E. Burgis.</span></p>
+
+<p>83. <b>The Social Contract.</b> <span class="smcap">J. J. Rousseau.</span> Edited by <span class="smcap">H. J. Tozer</span>.</p>
+
+<p>84. <b>Labour upon the Land.</b> Edited by <span class="smcap">J. A. Hobson</span>, M.A.</p>
+
+<p>85. <b>Moral Pathology.</b> <span class="smcap">Arthur E. Giles</span>, M.D., B.Sc.</p>
+
+<p>86. <b>Parasitism, Organic and Social.</b> <span class="smcap">Massart</span> and <span class="smcap">Vandervelde</span>.</p>
+
+<p>&nbsp;</p>
+<p class="center">DOUBLE VOLUMES, Each 3s. 6d.</p>
+
+<p>1. <b>Life of Robert Owen.</b> <span class="smcap">Lloyd Jones.</span></p>
+
+<p class="dent">&#8220;A worthy record of a life of noble activities.&#8221;&mdash;<i>Manchester Examiner.</i></p>
+
+<p>2. <b>The Impossibility of Social Democracy.</b> a Second Part of &#8220;The
+Quintessence of Socialism&#8221;. Dr. <span class="smcap">A. Sch&auml;ffle</span>.</p>
+
+<p class="dent">&#8220;Extremely valuable as a criticism of Social Democracy.&#8221;&mdash;<i>Inter. Jour. of
+Ethics.</i></p>
+
+<p>3. <b>The Condition of the Working Class in England in 1844.</b> <span class="smcap">Frederick
+Engels.</span></p>
+
+<p class="dent">&#8220;A translation of a work written in 1845, with a preface written in 1892.&#8221;</p>
+
+<p>4. <b>The Principles of Social Economy.</b> <span class="smcap">Yves Guyot.</span></p>
+
+<p class="dent">&#8220;An interesting and suggestive work.&#8221;&mdash;<i>Spectator.</i></p>
+
+<p>5. <b>Social Peace.</b> Dr. <span class="smcap">Schulze-Gaevernitz</span>. Edited by <span class="smcap">Graham-Walles</span>.</p>
+
+<p class="dent">&#8220;A study by a competent observer of the industrial movement.&#8221;&mdash;<i>Times.</i></p>
+
+<p>6. <b>Handbook of Socialism.</b> <span class="smcap">W. D. P. Bliss.</span></p>
+
+<p>&nbsp;</p>
+<p class="center">SWAN SONNENSCHEIN &amp; CO., LONDON.<br />
+NEW YORK: CHARLES SCRIBNER&#8217;S SONS.</p></div>
+
+
+
+<p>&nbsp;</p><p>&nbsp;</p>
+<hr style="width: 50%;" />
+<p><b>Footnotes:</b></p>
+
+<p><a name="f1" id="f1" href="#f1.1">[1]</a> <i>A Report on Marriage and Divorce in the United States</i>, by Carroll D.
+Wright, Commission of Labour. Revised edition, Washington, 1891.</p>
+
+<p><a name="f2" id="f2" href="#f2.1">[2]</a> Mr. C. W. Jones, Inspector of Prisons and Gaols, Maine, to whom I am
+indebted for these figures, adds that the increase in commitments in
+recent years &#8220;is not because those crimes are on the increase, but because
+of the better enforcement of our laws relating to those crimes&#8221;.</p>
+
+<p><a name="f3" id="f3" href="#f3.1">[3]</a> <i>The Report of Commissioner of Internal Revenue</i>, pp. 314-319.
+Washington, 1892. There are no returns available for any year after 1887,
+as since then Maine has ceased to be reckoned as a separate district for
+revenue purposes.</p>
+
+<p><a name="f4" id="f4" href="#f4.1">[4]</a> For many of these particulars about the condition of affairs in Iowa
+in 1893 I am indebted to the <i>Toronto Globe</i> for November and December,
+1893. This journal, with enterprise that is deserving of all commendation,
+sent two representatives, one an avowed prohibitionist and the other
+opposed to prohibition, to Iowa and Kansas, in order to gather full
+particulars of the results obtained from the liquor laws there. The two
+commissioners, Messrs. J. E. Atkinson and J. A. Ewan, performed their
+mission excellently, and their reports are of more than temporary value. I
+may, however, add that I have by no means solely depended on the reports
+of these gentlemen in ascertaining the condition of Iowa. Other accounts,
+from varied sources, all tend to show the disgraceful and deplorable
+condition of this State under the law that failed.</p>
+
+<p><a name="f5" id="f5" href="#f5.1">[5]</a> This statement was made before the Royal Commission on the Liquor
+Traffic. At the time of writing this, the official reports of the evidence
+given before the Commission are not yet issued; consequently, I am obliged
+to rely on the somewhat abridged accounts given in the Canadian daily
+papers.</p>
+
+<p><a name="f6" id="f6" href="#f6.1">[6]</a> <i>Montreal Daily Star</i>, 29th December, 1893.</p>
+
+<p><a name="f7" id="f7" href="#f7.1">[7]</a> <i>Victorian Alliance Annual</i> for 1890, Melbourne.</p>
+
+<p><a name="f8" id="f8" href="#f8.1">[8]</a> This translation is taken from the Special Report of the United States
+Commissioner of Labour on <i>The Gothenburg System of Liquor Traffic</i>,
+Washington, 1893. I would here acknowledge my very deep indebtedness to
+this volume for many of the statistics contained in this chapter. Dr.
+Gould&#8217;s work is unquestionably the fullest and most accurate book on the
+subject in the English language, or, as far as I am aware, in any other.</p>
+
+<p><a name="f9" id="f9" href="#f9.1">[9]</a> It is well known that the number of arrests for drunkenness is no
+adequate guide to the amount of intoxication. Speaking in the House of
+Commons, 13th March, 1877, on this point, Mr. Chamberlain said: &#8220;I have
+come to the conclusion that for our purpose police statistics are no good
+at all. As an evidence of this I will mention something with which I am
+acquainted in Birmingham. On a certain Saturday the number of persons
+arrested for drunkenness and brought before the magistrates was said to be
+29&mdash;that was the total number of drunken cases credited, or rather, as I
+should say, debited to the town, according to the police statistics.
+During three hours of that same Saturday night, thirty-five houses in
+different parts of the town, beer houses, spirit shops and shops of other
+descriptions, were watched by different persons appointed for the purpose;
+and these persons reported that during those three hours 9159 males and
+5006 females came out of those shops; and, out of these numbers, of the
+male persons there were 622 drunk, and 176 females in the same state.
+There is a total of 798 drunken persons, alleged to have been seen coming
+out of 35 houses in three hours; while the police returns only reported 29
+for the day.&#8221;</p>
+
+<p><a name="f10" id="f10" href="#f10.1">[10]</a> Mr. Goldwin Smith.</p>
+
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+*** END OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+***** This file should be named 34563-h.htm or 34563-h.zip *****
+This and all associated files of various formats will be found in:
+        http://www.gutenberg.org/3/4/5/6/34563/
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties.  Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark.  Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission.  If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy.  You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research.  They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks.  Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+http://gutenberg.org/license).
+
+
+Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A.  By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement.  If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B.  "Project Gutenberg" is a registered trademark.  It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement.  There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement.  See
+paragraph 1.C below.  There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works.  See paragraph 1.E below.
+
+1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works.  Nearly all the individual works in the
+collection are in the public domain in the United States.  If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed.  Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work.  You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D.  The copyright laws of the place where you are located also govern
+what you can do with this work.  Copyright laws in most countries are in
+a constant state of change.  If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work.  The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E.  Unless you have removed all references to Project Gutenberg:
+
+1.E.1.  The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges.  If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder.  Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5.  Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6.  You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form.  However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form.  Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7.  Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8.  You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+     the use of Project Gutenberg-tm works calculated using the method
+     you already use to calculate your applicable taxes.  The fee is
+     owed to the owner of the Project Gutenberg-tm trademark, but he
+     has agreed to donate royalties under this paragraph to the
+     Project Gutenberg Literary Archive Foundation.  Royalty payments
+     must be paid within 60 days following each date on which you
+     prepare (or are legally required to prepare) your periodic tax
+     returns.  Royalty payments should be clearly marked as such and
+     sent to the Project Gutenberg Literary Archive Foundation at the
+     address specified in Section 4, "Information about donations to
+     the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+     you in writing (or by e-mail) within 30 days of receipt that s/he
+     does not agree to the terms of the full Project Gutenberg-tm
+     License.  You must require such a user to return or
+     destroy all copies of the works possessed in a physical medium
+     and discontinue all use of and all access to other copies of
+     Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+     money paid for a work or a replacement copy, if a defect in the
+     electronic work is discovered and reported to you within 90 days
+     of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+     distribution of Project Gutenberg-tm works.
+
+1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1.  Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection.  Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from.  If you
+received the work on a physical medium, you must return the medium with
+your written explanation.  The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund.  If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund.  If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4.  Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5.  Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law.  The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section  2.  Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers.  It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, are critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come.  In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at http://www.pglaf.org.
+
+
+Section 3.  Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service.  The Foundation's EIN or federal tax identification
+number is 64-6221541.  Its 501(c)(3) letter is posted at
+http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations.  Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org.  Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at http://pglaf.org
+
+For additional contact information:
+     Dr. Gregory B. Newby
+     Chief Executive and Director
+     gbnewby@pglaf.org
+
+
+Section 4.  Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment.  Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States.  Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements.  We do not solicit donations in locations
+where we have not received written confirmation of compliance.  To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit http://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States.  U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses.  Donations are accepted in a number of other
+ways including checks, online payments and credit card donations.
+To donate, please visit: http://pglaf.org/donate
+
+
+Section 5.  General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart is the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone.  For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included.  Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+     http://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
+
+
+</pre>
+
+</body>
+</html>
+
diff --git a/34563-h/images/title.jpg b/34563-h/images/title.jpg
new file mode 100644
index 0000000..49b6562
--- /dev/null
+++ b/34563-h/images/title.jpg
diff --git a/34563.txt b/34563.txt
new file mode 100644
index 0000000..33c9c37
--- /dev/null
+++ b/34563.txt
@@ -0,0 +1,5523 @@
+Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Sober by Act of Parliament
+
+Author: Fred A. McKenzie
+
+Release Date: December 4, 2010 [EBook #34563]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+  SOBER BY ACT OF PARLIAMENT
+
+
+  BY FRED A. MCKENZIE
+
+
+  LONDON
+  SWAN SONNENSCHEIN & Co., LTD.
+  NEW YORK: CHARLES SCRIBNER'S SONS
+  1896
+
+
+
+
+  TO THE MEMORY OF MY FATHER,
+  WHO, THOUGH PASSED FROM HUMAN KEN,
+  HAS LEFT BEHIND A PRECIOUS REMEMBRANCE
+  OF LOVING KINDNESS AND UNFAILING SYMPATHY,
+  THIS BOOK IS DEDICATED.
+
+
+
+
+PREFACE.
+
+
+It is a truism that men of all shades of opinion are desirous to promote
+sobriety. It is the _raison d'etre_ of the teetotaler and the declared aim
+of the publican. The advocate of prohibition and the man who would make
+the trade in drink as free as the sale of bread both profess to be
+actuated by a desire to extirpate inebriety. Can legislation aid us in
+accomplishing this end, and if so in what way and to what extent? This
+volume is an attempt to partly answer the question, not by means of
+elaborate theories or finely drawn inferences, but by a statement of the
+actual results obtained from liquor laws in various parts of the world.
+
+Whatever shortcomings may be found in the following pages, I have done my
+best to ensure their honesty and fairness. I have written with a brief for
+no particular policy, but with a sincere desire to learn, free from the
+blinding mists of partisan prejudice, the truth about all. My conclusions
+may appear to some mistaken, and my treatment inadequate, but I have never
+suppressed facts that told against my own opinions, arranged statistics
+to suit myself, or consciously placed incidents in a disproportionate
+light. The subject is altogether too serious, and involves issues too
+grave, to allow one to indulge in one-sided statements, garbled facts, or
+lying statistics.
+
+As far as possible, the facts and figures given are taken from official
+sources. I must acknowledge my indebtedness to many correspondents in
+America, in Australia, and on the Continent of Europe, as well as at home,
+who have helped me by collecting statistics and supplying information.
+Without their aid my investigations would have been far more difficult
+than they have proved. I am also greatly obliged to the Editor of the
+_Pall Mall Gazette_ for permission to reproduce portions of several
+articles of mine on "Liquor Laws," which appeared in his journal and in a
+_Pall Mall Gazette_ "Extra" during 1893.
+
+FRED A. McKENZIE.
+
+  46 OXBERRY AVENUE,
+       FULHAM.
+
+
+
+
+CONTENTS.
+
+
+  PART I.--AMERICA.
+
+  CHAPTER                                         PAGE
+
+    I. THE STATE AS SALOON KEEPER                    9
+
+   II. RUM AND POLITICS                             21
+
+  III. FORTY YEARS OF PROHIBITION                   32
+
+   IV. PROHIBITION IN KANSAS                        45
+
+    V. THE LAW THAT FAILED                          53
+
+   VI. HIGH LICENCE IN PENNSYLVANIA                 67
+
+
+  PART II.--GREATER BRITAIN.
+
+    I. PROHIBITION AND LOCAL OPTION IN CANADA       75
+
+   II. LOCAL CONTROL IN NEW ZEALAND                 92
+
+  III. LICENSING IN AUSTRALIA                      104
+
+
+  PART III.--THE CONTINENT OF EUROPE.
+
+    I. THE STATE AS DISTILLER                      112
+
+   II. THE GOTHENBURG SYSTEM                       122
+
+
+  PART IV.--ENGLAND.
+
+    I. THE GROWTH OF THE LICENSING SYSTEM          133
+
+   II. PROPOSED REFORMS                            147
+
+  III. THE PROBLEMS OF REFORM                      169
+
+   IV. THE PATH OF PROGRESS                        191
+
+
+  APPENDICES.
+
+    I. THE CONDITION OF WORKING MEN IN MAINE       199
+
+   II. THE GIN ACT, 1736                           200
+
+
+
+
+SOBER BY ACT OF PARLIAMENT.
+
+
+
+
+PART I.
+
+AMERICA.
+
+
+
+
+CHAPTER I.
+
+THE STATE AS SALOON KEEPER.
+
+
+During the last few months South Carolina has been the scene of a
+remarkable experiment in liquor legislation, which has attracted
+considerable attention from social reformers everywhere. Though
+professedly based on the Gothenburg system, the Dispensaries Act differs
+from its prototype in many important respects. As in Sweden, the element
+of individual profit is eliminated, and the control of the trade is taken
+out of the hands of private persons; but in place of the drink shops being
+conducted by the municipalities, they are placed under the direct
+supervision of the State Government. The saloon has been abolished, and
+its place taken by dispensaries, where liquor can only be obtained in
+bottles for consumption off the premises. All public inducements to
+tippling have been removed at a sweep; and while it is possible for any
+sober adult to obtain what liquor he wishes, no one is pecuniarily
+interested in forcing intoxicants on him. The Act was in operation for too
+short a time to allow anything definite to be said as to its success or
+failure. It received the fiercest opposition from an influential body of
+politicians, and from the more lawless section of the community; and the
+dispossessed saloon keepers, with all the following they could command,
+naturally did their best to cause it to fail.
+
+In the election of 1892 the prohibition party showed great activity, and
+succeeded in obtaining a majority at the polls. The question of the
+control of the liquor traffic occupied a foremost place at the meeting of
+the new Legislature. Many members were in favour of out-and-out
+prohibition, and a Bill was introduced to make the manufacture or sale of
+drink illegal. But, after considerable debate on the subject, a new
+measure was hastily brought before the Senate, at the instigation of the
+Governor, the Hon. Benjamin R. Tillman, as a compromise between the views
+of the extreme prohibitionists and those who held that, in the present
+condition of public opinion, prohibition would be largely inoperative, and
+consequently injurious to the temperance cause. The measure was rushed
+through the Legislature with little or no debate, and at once received the
+sanction of the Governor.
+
+Governor Tillman is undoubtedly a remarkable man, of bold initiative and
+great force of character; and it is impossible to understand the situation
+in South Carolina without knowing something about him. Within the last
+decade he has risen from obscurity to the supreme power in the State, and
+to-day he is "boss" of South Carolina. He first came to the front in 1885,
+by his bitter denunciations of the local Democratic rulers. He is himself
+a Democrat, but this did not prevent him from bringing the most serious
+charges against the members of the aristocratic ring that held the reins
+of Government. He charged them with being the enemies of the poor and
+oppressors of the people, whose one aim was to conduct public affairs so
+as to benefit themselves. At first the high-class politicians treated him
+with a half-amused, half-contemptuous scorn, sneered at what they were
+pleased to call his ignorant talk, and held his language up to ridicule.
+And in truth, if reports may be believed, his vigour of speech gave his
+enemies abundant cause to blaspheme. He was not particular in his choice
+of phrases, and he did not hesitate to pile up the most picturesque and
+sanguinary expressions in describing his opponents.
+
+But the people rallied around him. "I am rough and uncouth, but before
+Almighty God I am honest," he said to them; and they believed him. The
+poorer country folks were his first followers, then the Farmers' Alliance
+came to his support, and before the old politicians had ceased to wonder
+at the audacity of the young man, they began to learn that their days of
+power were over. In 1890 he stood for the Governorship in opposition to
+the regular Democratic candidate. He stumped the State, and met with a
+most enthusiastic reception. He was elected by a large majority, and the
+power of the old ring was, for a time at least, broken. Two years later he
+was once more elected to the same post, and until he tried to carry out
+the Dispensaries Act his authority was supreme in the State. One thing is
+certain: if Governor Tillman cannot secure obedience to the law, it will
+be difficult to find any one else who can.
+
+The chief provisions of the original dispensary law are as follows. No
+persons or associations of persons were allowed to make, bring into the
+State, buy or sell any intoxicating liquors, except as provided for by the
+Act. Districts that were previously under prohibition continued so, but in
+other parts the traffic was conducted by State-appointed officials. The
+Governor appointed a Commissioner, whom he must believe to be an abstainer
+from intoxicants; and this official, under the supervision of the State
+Board of Control, purchased all strong drink to be sold in the State, and
+generally acted as head of the dispensaries. The State Board appointed in
+each county a local Board of Control, composed of three persons believed
+not to be addicted to the use of intoxicants. These County Boards made the
+rules for the sale of drink in their own districts, subject to the
+approval of the State Board; and they also appointed dispensers who had
+the sole power of selling liquors in the districts where they were placed.
+
+There are many minute restrictions which had to be observed by the
+dispensers in vending their wares. A would-be buyer must make a request in
+writing, stating the date, his age and residence, and the quantity and
+kind of liquor required. If the applicant was intoxicated, or if the
+dispenser knew him to be a minor or in the habit of using strong drink to
+excess, then he must refuse to supply him. If the dispenser did not know
+the applicant personally, then a guarantee must be given by some person
+known to both buyer and seller that the former was neither under age nor a
+habitual drunkard. Sales were only to be made during daytime, and the
+liquor was not to be drunk on the premises.
+
+The penalties for breaches of the law were very severe, ranging as high as
+imprisonment for not under one year or over two years for repeated illegal
+sales. All profits obtained by the work of the dispensary were divided in
+three parts,--one half for the State, one quarter for the municipality,
+and one quarter for the county. The hope of obtaining a considerable
+revenue was undoubtedly one of the main reasons for passing the Act, and
+Governor Tillman anticipated a profit of half a million dollars a year for
+the State.
+
+The dispensers were paid, not according to the quantity of their sales,
+but at a fixed salary named by the Board, and not allowed to exceed a
+certain amount. It was provided in the original Act that dispensaries
+could only be opened in cities and towns, and then not unless the majority
+of the citizens of a place signed a petition requesting to have them.
+
+The new measure came into force on 1st July, 1893. For many weeks
+previously there had been great excitement in the State, and as June drew
+to an end the saloon keepers put forth strenuous efforts to do the utmost
+possible business in the short time that was left to them. "The situation
+all over South Carolina to-night," said a despatch from Charleston on 30th
+June, "is peculiar. In Charleston there has been in progress all day a
+huge whisky fair. The air is filled with the tintinnabulation of the
+auction bells and with the cries of the auctioneer; in dozens of liquor
+stores are crowds of free-born American citizens buying whisky, wine and
+beer to lay in a stock against the dry spell, which sets in to-night. In
+the fashionable groceries extra forces of clerks have been at work day and
+night for a week, putting up demi-johns and kegs of whisky, brandy, rum,
+gin, and wine; and battalions of drays and delivery waggons have been
+employed carting the goods to the railroad depots and to the various
+residences. It is no exaggeration to say that there are not 1000 out of
+the 10,000 houses of white people in the city that are not provided with a
+supply of liquors to last six months at least."
+
+Six counties in the State are under statutory prohibition, and
+consequently no dispensaries could be opened in them. In many other parts
+the people refused to come under the Act, and in towns especially there
+was a spirit of undisguised opposition to the measure. It is in the towns
+that the old-line Democrats, whom Tillman drove from office, have always
+been the strongest. With the passing of the Act they saw their opportunity
+to have vengeance on him, and possibly to regain their old majority; and
+they resolved to do their best to wreck his Bill. In Charleston the word
+went forth that the law was to be ignored, and, as far as the city
+authorities could accomplish that end, it has been set at defiance. When
+the State constables have arrested liquor sellers, the constables have
+been mobbed and ill-treated; the sheriff has packed the juries; the
+justices who have tried liquor cases have been notoriously opposed to the
+law; and, as an inevitable consequence, the clearest evidence of illegal
+liquor selling has been insufficient to convict any offender there. What
+is true of Charleston is almost equally true of several other places.
+This, it must be understood, is not because of any fault of the Act; but
+because eager partisans are willing to perjure themselves, to break
+through the most sacred obligations of office, and to descend to any
+tricks in order to ruin the Tillmanites.
+
+The prohibitionists have been divided in their attitude. Some of them
+warmly support the law, but others have united with the old-line Democrats
+in opposing it. They are mostly willing to admit that the Tillmanite
+dispensaries are a vast improvement over the former reign of the saloon;
+but they are fearful lest the fact that the State conducts the traffic may
+give it a semblance of respectability, encourage people to drink, and so
+do more harm than good. "The absolute boss of the State, Governor
+Tillman," sneered one, "expects to turn the great commonwealth into one
+great drinking saloon, such as might carry a signboard, reaching from sea
+to the mountains, announcing 'Benjamin Ryan Tillman, monopolist of grog'."
+
+In his annual message to the Legislature, in November, 1893, the Governor
+gave a long and detailed account of the working of the law. According to
+this statement, there were then fifty dispensaries open, and the total
+sales in the four months had amounted to 166,043 dollars, 56 c., yielding
+a profit to the State of 32,198 dollars, 16 c. This was considerably less
+than had been anticipated; and the smallness of the profit is no doubt due
+to the facts that so many people had got in their supplies of drink before
+the Act came in force, and that in many parts the law was very imperfectly
+enforced. Since the Governor issued his report there was a very
+considerable proportionate increase in the gains.
+
+In order to ascertain the results of the law on intemperance a circular
+was sent out to seventy-five cities and towns, asking them to state the
+number of arrests for drunkenness and disorder arising from liquor
+drinking for a like period before and since the passing of the Act. Only
+thirty-three places replied; and in the whole of these the arrests from
+1st July to 30th Sept., 1892, under the old licence laws, were 577; during
+the same period in 1893, under the Dispensaries Act, the arrests were only
+287. In September, 1892, 231 arrests were made; in September, 1893, the
+arrests were 131.
+
+The Governor admitted that the amount of illegal liquor-selling going on
+in the State was considerable, and for this he blamed the local
+authorities and the railway companies. "There is hardly a train entering
+the State," he declared, "day or night, passenger or freight, which does
+not haul contraband liquor. Some of the railroads are yielding a measure
+of obedience to the law; but most of them openly defy it, or lend their
+line to smuggling liquor into the State.... The police in the cities, as a
+rule, stand by and see the ordinances broken every day, are _particeps
+criminis_ in the offence, or active aiders and abettors of the men who
+break it." In order to stop these things, and to more efficiently enforce
+the law, the Governor demanded fresh legislation.
+
+In answer to this demand, the State Legislature passed a new measure in
+December, giving considerably increased powers to the executive. The State
+Board of Control was authorised to deprive any city or town refusing to
+actively co-operate in the enforcement of the law, of its share of the
+dispensary profits. In place of the Board being unable to open a
+dispensary anywhere except when a majority of the people petitioned for
+it, the law was made that the Board could establish its shops wherever it
+pleased, unless a majority of the people petitioned against them. It was
+also found advisable to modify several minor points, such as giving hotel
+keepers permission to serve their guests with liquor.
+
+Governor Tillman at once made full use of the new powers. He announced
+that several new dispensaries would be opened in different parts, and he
+sent a circular to all the mayors, asking if they intended to assist the
+State officials or not. To those who answered in the negative, he at once
+sent notice that the share of the profits for their towns would be
+withheld from them, and used for the purpose of employing special
+constables to see that the law was carried out there.
+
+In March, 1894, the troubles created by the opponents of the Dispensaries
+Act came to a head. Some State constables were searching for contraband
+liquors at Darlington when the people rose in arms against them. Two
+constables and two townsmen were killed, and the police hastily retired to
+a swamp. Here they were pursued by an infuriated body of citizens; and,
+had they been found, they would unquestionably have been killed. For a day
+or two, matters wore a serious look. In one place a dispensary was gutted,
+and several bodies of the State militia, when ordered by the Governor to
+proceed against the rioters, refused to obey.
+
+Governor Tillman is not a man to be easily intimidated. He promptly seized
+the telegraphs and the railways, prevented as far as possible the rioters
+communicating with sympathisers in other parts, and called together the
+troops he could rely upon. "As Governor I have sworn that the laws shall
+be respected until they are repealed," he said, addressing the militia.
+"So help me God, I will exert all my power to enforce them. Although some
+of the militia have refused to obey orders, there are still enough to
+obey. The opponents of the law must submit to the rule of the majority.
+My life has been threatened; but I have no fear, and I will convoke the
+Legislature if further power is necessary." The soldiers received his
+message with enthusiasm. At the same time the Federal authorities offered
+to send a large body of national troops, should they be required, to quell
+the rioting, and in a few hours the powers of the law and order were once
+more supreme. But had Tillman been a ruler of another stamp, had he shown
+the least sign of yielding to the disaffected, or of eagerness to
+compromise, then the outbreak at Darlington would probably have been only
+the beginning of serious trouble in the Palmetto State.
+
+Hardly, however, had the riot been suppressed before the State Supreme
+Court declared the Act unconstitutional. The court, which consists of two
+conservative judges and one Tillmanite, based its decision on the grounds
+that the measure was not a prohibitory law and was not a police
+regulation, but was solely a plan for giving the profits of a trade to the
+State, and therefore it conflicted with the lawful rights of the old
+saloon keepers. Justice Pope, the Tillmanite, dissented from this view,
+and pronounced in favour of its being legal, but he was out-voted by his
+brother judges.
+
+The result of this decision is, that all the State dispensaries have been
+closed, and the saloons are now again openly conducting their business. It
+is hard to say what the final outcome will be; for the people in the
+country parts declare themselves resolutely determined not to have the
+saloon system revived. It is said that as soon as possible one of the old
+judges will be removed, and his place taken by a Tillmanite. The measure
+will again be carried through the Legislature, and once more come before
+the Supreme Court. The court will then uphold it, and the State will give
+the Act another trial. But, even if this is so, the prospects of the
+scheme cannot be said to be bright. There are now enlisted against it a
+powerful political faction and the authorities of several municipalities.
+It can count on the unceasing opposition of many whose support is almost
+absolutely necessary to its success; and hence it will be more than a
+wonder if, while thus handicapped, it can be anything but a failure.
+
+
+
+
+CHAPTER II.
+
+RUM AND POLITICS.
+
+
+America is pre-eminently the land of legislative experiments; and it has
+unequalled facilities for giving trial, with comparatively little risk, to
+many of the professed solutions of those problems which the artificial
+life of civilised society has produced. On nothing has it made more
+numerous or varied experiments than on efforts to promote sobriety by law.
+Each State in the Union is free, within certain limits, to regulate or
+suppress the liquor traffic within its own borders, without interference
+from the Federal Government. The latter body, however, maintains freedom
+of inter-State traffic, and has the power to tax liquor, and to impose
+internal revenue fees on brewers and saloon keepers. These fees are most
+strictly enforced; and the first thing a man does who contemplates
+entering the drink trade, whether legally or illegally, is to take out his
+internal revenue licence. Even the individual who surreptitiously sells
+half a dozen bottles of whisky a month in the lowest "speak-easy" rarely
+thinks of attempting to evade the Federal revenue law; for conviction is
+so sure, and the penalties are so heavy, that it does not pay.
+
+In seeking to learn what lessons can be taught to old-world politicians
+from the new-world experiments, it must be borne in mind that, although
+the Americans are mostly of one blood with ourselves, the conditions of
+their social and political life are yet very different. The liquor problem
+occupies a far more prominent place there than at home, and the saloon
+keeper is an influential force in State, Union, and City politics. The
+temperance element is strong and active, and exercises a social influence
+not easy to estimate. A solid public sentiment has been created against
+even the moderate use of intoxicants; personal abstinence is advocated as
+part of the routine in nearly all the public elementary schools; it is
+regarded as disreputable for a man to frequent saloons; and, except under
+very extraordinary circumstances, no respectable woman would think of
+crossing their doorsteps. Many employers of labour, especially railway
+companies, go so far as to insist that their hands shall be abstainers.
+But while the work of the teetotalers has been productive of much
+socially, their political work has been far more spasmodic, and less
+effective. They are split into cliques; and whatever proposal may be
+brought forward, there is almost certain to be a body of irreconcilables
+who fight against it. In America, as in other countries, the greatest
+opponents of temperance legislation are always temperance reformers: if a
+law is moderate, then it incurs the enmity of those who believe that any
+other plan than the utter and immediate destruction of the saloon is sin;
+if it satisfies the extremists, it is opposed by those who declare that
+such uncompromising legislation will produce a reaction, and so in the
+end do more harm than good. A still greater cause of weakness than even
+their internal divisions is the temporary character of much of their work.
+The respectable people of a city or State will rouse themselves to a
+fever-heat of emotion over some social reform, and will carry it into law
+with a rush. Then the excitement will gradually die away, and in a shorter
+or a longer time the new law will be left to enforce itself; affairs will
+soon drop back into their old groove, until, possibly, some time after, a
+specially flagrant case of law-breaking again arouses the public
+conscience, and the same thing is gone through once more.
+
+The brewers and saloon keepers work differently. They are efficiently
+organised, and have behind them an almost unlimited supply of money and a
+considerable voting power. Their work is not the unselfish advancement of
+some general benefit, but the protection of their own pecuniary interests.
+They have shown themselves willing to sink all partisan preferences in
+order to prevent their trade being extinguished, and they have attempted
+to save themselves by securing control of the political machinery. They
+have too largely succeeded. America, in spite of its unceasing boasts of
+liberty, is especially the land where the few dominate over the many. In
+industry, the rings and monopolies rule; in politics, the "bosses" are
+supreme. The people are allowed to retain in their hands all the
+paraphernalia of political authority; but in many parts they are ruled by
+autocratic political organisations, with saloon keepers and plunderers of
+the public at their head.
+
+It would not be just to pronounce the same sweeping condemnation on
+politicians in all parts of the Union alike. In most country parts and in
+some cities the government is all that could be desired; and, usually, the
+more native-born Americans and English and Scottish settlers there are,
+the more free are the officials from corruption. But in many cities the
+administration is absolutely rotten: the courts dole out injustice, the
+municipal officers solely study their own interests, and obtain office for
+the one purpose of dishonestly acquiring public money; laws are enforced
+or set at defiance as may be most profitable; and perjury and plunder are
+the every-day business of mayors, aldermen, policemen, and justices alike.
+The plunderers are elected to office mainly by the saloon vote, a large
+proportion are or have been drink sellers themselves, and for these things
+the saloons are largely responsible. It is the realisation of this that
+has induced many men, by no means ardent abstainers, to advocate
+prohibition, not so much because it prevents intemperance, but because it
+breaks the power of the saloon in politics.
+
+The source of the power of the saloon lies mainly in three things: (1) The
+absorption of respectable citizens in their private concerns, and their
+indifference to politics; (2) the political machines; (3) manhood
+suffrage.
+
+On the first cause but little need be said. In America the race for
+wealth is keener than anywhere else; the almighty dollar is worshipped,
+and most men are in a hurry to make their piles before the end of next
+week. A large proportion of the business men allow themselves time for
+nothing but money making, and those who have leisure regard politics as
+disreputable. In England our best citizens are glad to serve the
+commonwealth at their own cost; in America, a rich and cultured man would
+in many cities be looked upon by his friends as either a crank or a
+boodler if he announced his intention of adopting a political career.
+
+On the subject of manhood suffrage generally and its desirability or
+otherwise, I have no intention of entering in this place. But coming to
+the result of manhood suffrage on American politics, few can doubt that it
+has exercised in some ways a most evil effect. If all the citizens to whom
+the ballot has been given were intelligent and educated, and knew anything
+of the politics of the country which they are helping to rule, then
+suffrage would be robbed of much of its evil effects. But at present the
+peasant who has been picked from the wilds of Connemara, the lazzaroni
+from Naples and Rome, the offscourings of the slums of the cities of
+Central Europe, are able to out-vote in many towns the genuine Americans.
+They are brought under the influence of ambitious and unscrupulous
+political organisers almost as soon as they land at New York, and too
+often their ballot papers are cast solid for the maintenance of fraud,
+falsehood and robbery.
+
+The results of machine voting, the rule of the "bosses" and saloon
+politics can perhaps best be seen in one well-known instance. The city of
+New York, the metropolis of America, has actually been controlled for some
+years, not by its inhabitants, but by an ex-drink seller, Richard Croker,
+and his subordinates. This man was originally a young rough, in due course
+he developed into a saloon keeper, and after a time he resigned his bar
+for the more profitable employment of politician. He now holds no office
+under Government, he has no ostensible means of earning a living; yet he
+is able to maintain a magnificent country mansion and a town palace; he
+owns as fine a team of trotting horses as most men in the State; and he is
+well known to be enormously wealthy. His horses are said to be worth
+seventy-four thousand dollars, and he owns a half interest in a stud farm
+valued at a quarter of a million. When he travels the railway companies
+provide specially luxuriant cars for his special accommodation, and he
+receives such homage and abject worship as exceed the subservience shown
+by the poorest-spirited courtiers to any petty princeling. Over his
+long-distance telephone he controls local politicians and the State
+Legislature, and he can wreck Bills or bring them into law almost as he
+pleases.
+
+The secret of Croker's power is the fact that he is the head of Tammany
+Hall, the most powerful political machine in the Union. Under this body,
+New York is mapped out into about eleven hundred electoral districts,
+each containing a few hundred voters, with a "captain," who is usually a
+saloon keeper, over each. It is the duty of the "captain" to get as many
+people as possible in his district to join Tammany, and to vote on the
+Tammany ticket; and woe to him if he lets the Hall lose power there! He
+has innumerable methods of attracting voters to himself. Any man who has a
+little local influence is instantly noticed, and has tempting visions of
+place and power held out before him if he will only consent to throw his
+lot in with the party. The Tammanyite who is in trouble with the police
+knows that he can obtain the friendly services of the "captain" to speak a
+kind word for him to the justice; and it is wonderful how far these kind
+words go with the politically-appointed justices. The Tammanyite who is
+out of work will naturally look to the "captain" to help him to something,
+whether it is a clerkship in the municipal offices, a street-sweepership,
+or a higher and better paid post. The "captain" may or may not be paid
+openly for his services; but he receives plenty of either direct or
+indirect emolument. If he is a saloon keeper, numbers of people naturally
+flock about his place, and deal of him. He is a man of weight, to be
+respected as such!
+
+No party organisation like this could be held together without powerful
+motive forces. To some of the Tammany "captains" need not be denied purity
+and honesty of aims; but it is to be feared that such are in the
+minority. Tammany as it is conducted to-day rests on bribery, swindling
+and corruption. Those whom it can buy, and who are worth buying, it buys,
+whether they are senators or street-sweepers; those who are not to be
+bought, it often terrifies into passiveness. If a public-spirited citizen
+shows himself inclined to kick hard against his lawful rulers, and if he
+is a person who can be safely annoyed, then the municipality lets him feel
+the weight of its wrath. It does not use the old-time methods of casting
+him into prison, cutting off his head, or the like; for such crude
+expedients might attract an unpleasant amount of public attention. The
+recalcitrant citizen to-day has the assessment of his property for the
+purpose of taxation increased to perhaps double its former amount; city
+officials suddenly discover that his house transgresses some local
+ordinance, and order him to make costly structural alterations. If he is a
+saloon keeper the power of the "boss" over him is almost unlimited, and
+the unlucky wight can be hauled up before the justices almost every week,
+and fined or imprisoned continually. Hence few saloon keepers dare to
+offend. There are a thousand and one ways in which Tammany can punish its
+opponents.
+
+But if Tammany is cruel to its foes, it can be very kind to its friends.
+The happy man who does it service finds money, place, and power waiting
+him. The saloon keeper can defy the Sunday closing law with impunity, and
+the business man has his house assessed very moderately. The young fellow
+of talent who throws his lot in with the party knows that in due course
+(when he has earned his reward) he can be almost certain of a comfortable
+competence in a municipal or Government post. Tammany has no less than
+twenty-seven thousand rewards, in the shape of municipal offices, to
+distribute among its friends.
+
+On first hearing of these things it seems inexplicable to an Englishman
+why the honest people of the American metropolis do not rise up and
+destroy such an institution. The reasons are manifold. It must be
+remembered that even Tammany is not all bad. Among those who blindly
+follow its ticket are many who believe that they show their patriotism by
+doing so. The "boss" is backed by a political party; he is a Democrat, and
+many upright Democrats think that this fact alone compels them to throw
+all their influence on the side of the man who carries their party
+colours. Moreover any party of reform has to reckon with the thirty
+thousand votes of the city drink sellers and their men, which are cast
+solid for Tammany so long as it helps them. Without the saloon and its
+help, Tammany would not keep together for twelve months; but with its
+influence on its side, it is no easy task to overcome it. To-day the
+churches are struggling, the newspapers are denouncing, leagues and
+societies are being formed against the common enemy; yet Tammany still
+rules. Last autumn a majority was elected to the State Legislature against
+Croker's party, and it was confidently expected that at last its power
+would be curtailed. By the peculiar system of controlling New York city,
+the State Legislature has considerable power of interfering with its
+affairs. Accordingly, this year measures have been brought forward that
+would have done great damage to Croker's friends. But even this session
+sufficient senators have been found willing to break through their solemn
+electoral pledges, to vote against their own party, and to wreck Bill
+after Bill directed against the municipal ring. The Tammany men openly
+proclaim that they can kill every other reform in the same way. No secret
+is made of the reason for the senators' change of face. It is openly said
+in conversation, and plainly printed in the papers, that they were bribed
+by Croker's agents.
+
+It may be asked where Croker and his men get the necessary money from to
+carry on their work. The answer lies in one word--blackmail! Business men
+are politely requested to contribute to the funds of the Hall, and if they
+refuse they are looked upon as enemies, and treated accordingly. Every man
+who is allowed to break the law, whether he is a saloon keeper who keeps a
+side door open on Sunday, the owner of a gambling hell, or a more
+respectable sinner, is expected to allow a solid cash consideration for
+the privilege. If any one or any corporation wants a favour of the local
+authorities, the only way of obtaining it is to grease the itching palms
+of the aldermen, and to make friends with the politicians. Even those who
+want perfectly legitimate permits granted to them from the city can only
+get what they need by paying heavily for them. "All the laws good and
+bad," said Mr. Kelly of New York recently, "are so misexecuted by Tammany
+as to give it a clutch upon business men and especially the liquor
+dealers.... The power of the ring seems to depend upon its power to play
+upon the hopes and fears of our citizens."
+
+The result of Tammany rule on New York city has been indescribably bad.
+Notorious law-breakers have been appointed to the most responsible posts,
+either because they had done some service to Tammany, or because they were
+willing to pay the highest price for the appointments. Justices have been
+put in office, not because of their learning or integrity, but because
+they are willing to twist the laws to suit Tammany. Even the electoral
+returns have been fraudulently altered to place the nominees of the Hall
+in office.
+
+It is impossible in one short chapter to give any elaborate details of the
+extent to which corruption prevails in American cities; but enough has
+been said to show that the conditions under which temperance reformers
+have to work there are very different to those that prevail at home. The
+difficulties are greater, the means for enforcement are less effective,
+and the powers of lawlessness are more potent.
+
+
+
+
+CHAPTER III.
+
+FORTY YEARS OF PROHIBITION.
+
+
+From the time of the earliest English settlers in America the drink
+traffic has been looked upon as a business requiring special regulation.
+The influence of Puritan immigrants in the middle of the seventeenth
+century led to the framing of many severe liquor laws. Ludlow's
+Connecticut Code in 1650 dealt with the subject on the basis that "while
+there is a need for houses of common entertainment ... yet because there
+are so many abuses of that lawful liberty ... there is also need of strict
+laws to regulate such an employment"; and it was enacted "that no drink
+seller should suffer any person to consume more than half a pint at a
+time, or to tipple more than half an hour at a stretch, or after nine
+o'clock at night". The first American prohibitory law was passed by the
+English Parliament in 1735, when "the importation of rum or brandies" in
+Georgia was forbidden. This was done at the instance of James Oglethorpe,
+then head of the colony, who declared that the excessive sickness there
+was solely due to the over-consumption of rum punch.
+
+While Oglethorpe remained at Savannah the law was strictly enforced, and
+all spirits found were destroyed; but after he left it was allowed to
+fall into abeyance, and in 1742 it was formally repealed by Parliament.
+
+The modern legislative movement took its rise between 1830 and 1840, when
+the whole of New England was convulsed by an uncompromising campaign
+against intemperance. Almost the entire community seemed for a time
+carried away by the crusade against intoxicants. In nearly every place
+powerful temperance societies were formed; many gin merchants closed their
+distilleries, and saloon keepers put up their shutters and bade the people
+come and spill the contents of their rum barrels down the gutters. At
+first, teetotalers relied solely on moral suasion; but soon the more
+advanced section in Massachusetts and Maine demanded that the law should
+aid them by putting a stop to the legalised sale of drink. As early as
+1837 a committee of the Maine Legislature on licensing laws reported that
+"the traffic (in strong drink) is attended with the most appalling evils
+to the community.... It is an unmitigated evil.... Your committee are not
+only of opinion that the law giving the right to sell ardent spirits
+should be repealed, but that a law should be passed to _prohibit_ the
+traffic in them, except so far as the arts or the practice of medicine may
+be concerned." At that time the traffic in intoxicants in Maine was
+considerable; but the saloon keepers were without any efficient
+organisation, and consequently could not offer any united opposition to
+the new movement. There were seven distilleries, and between three and
+four hundred rum shops in Portland alone. According to the Hon. Woodbury
+Davis, ex-Judge of the Supreme Court of the United States, "nearly every
+tavern in country and in city had its bar; at almost every village and
+'corner' was a grog shop, and in most places of that kind more than
+one.... Men helplessly drunk in the streets and by the wayside was a
+common sight; and at elections and other public gatherings there were
+scenes of debauchery and riot enough to make one ashamed of his race."
+
+It is often stated that before the passing of prohibitory legislation
+Maine was one of the poorest and most deeply indebted States in the Union.
+This is true, but it is not the whole truth. Maine had not long been
+separated from Massachusetts, and its Legislature, maybe partly
+intoxicated by its newly acquired powers, ventured on some expensive
+undertakings. A few costly public buildings were erected, and a premium of
+eight cents a bushel was offered to farmers on all wheat or corn over
+fifty bushels that they raised in a year. The consequence was that the
+heavy taxes proved altogether insufficient to meet the expenditure, and by
+early in the forties a State debt had been incurred, equal to three
+dollars a head of the population. Money was very scarce, and both the
+local government and private individuals were glad to borrow wherever they
+could. But in spite of the scarcity of money, Maine was not generally
+regarded as poor. It took the first place in the Union as a shipbuilding
+State, and the second in the coasting and fishery trades. "The prosperity
+of Maine," wrote a skilled financial observer in 1847, "was never greater
+than at this moment.... She will become one of the first States of the
+Union." Ten years earlier, in his Annual Address to the Legislature, the
+Governor said: "It affords me great pleasure on this occasion to be able
+to speak of the prosperous condition of the State.... The State, as well
+as our citizens individually, are rich in lands, in timber, in granite and
+lime quarries, in water power for manufacturing purposes, and, to an equal
+extent at least, with any other State in the Union, in all the essentials
+of profitable industry except monied capital."
+
+Neal Dow, the son of a rich Quaker farmer, travelled from village to
+village in Maine, urging the people to rise up against the legalised sale
+of the drink; and, largely in consequence of his agitation, a tentative
+Prohibition Act was passed in 1846. The first Act was a complete failure;
+it only dealt with ardent spirits, and did not provide adequate means for
+suppressing the traffic in them. Five years later, Mr. Dow, then Mayor of
+Portland, framed a more comprehensive measure, and had it rushed through
+the State Legislature in a couple of days. When the people understood what
+the new Bill meant, its provisions excited a great deal of opposition.
+Rioting took place in several towns, and was only put down by calling out
+the militia. In one of these riots a lad was killed, and this so
+strengthened the pro-liquor party that in 1857 the Act was repealed; but
+it was re-carried the following year, and it has ever since been in force.
+A final step was taken in 1884, when an amendment to the Constitution was
+submitted to direct popular vote, providing that the sale of liquors be
+for ever prohibited. Seventy thousand electors voted for it and only
+23,000 against, so the alteration was made. The consequence of this is
+that the sale of drink can now only become legalised in Maine by
+two-thirds of the electors voting directly for it.
+
+For many years the one aim of the temperance party has been to make the
+prohibition law as effective as possible, and to secure its enforcement
+throughout the State. Wherever any clause in it has been found unworkable
+it has been quickly altered, and every possible legal device has been used
+to ensure the destruction of the drink traffic. The manufacture, sale, or
+keeping for sale of intoxicating liquors as a beverage is absolutely
+prohibited. Any person illegally selling, attempting to sell or assisting
+to sell is liable, on a first conviction, to a fine of fifty dollars, and
+imprisonment for thirty days, and to increasing penalties for subsequent
+convictions, the maximum imprisonment being two years. It is considered
+sufficient to convict if a person pays the United States internal revenue
+liquor tax, issues a notice offering to sell, or delivers to another any
+liquor. Liberal powers of search are given to the authorities, and all
+liquor found by them is destroyed by spilling on the ground. Municipal
+officers are compelled to take action on having their attention drawn to
+any cases of supposed law breaking; and thirty taxpayers in any county
+can, on petition, obtain the appointment of special constables to secure
+the better enforcement of the law. The necessary sale of spirits for
+medical, mechanical and manufacturing purposes is made by specially
+nominated agents, who are supposed to obtain no profit by such sales, but
+to be paid a reasonable remuneration by the municipalities appointing
+them.
+
+In considering the working of this law, it must be remembered that Maine
+presents almost as favourable a situation as could be asked in order to
+give prohibition a fair trial. It is isolated, and has no towns of any
+size. Its citizens are mostly native born Americans, farmers and
+fishermen, innately religious and law-abiding. The foreign element, which
+presents so disturbing a factor in many parts, is almost a negligable
+quantity here. In 1850 there was a population of 583,169, of whom only
+31,825 were foreigners. Nearly three-quarters of the people were engaged
+in agriculture, about one-tenth were mariners, and another tenth found
+employment in connection with the trade in timber. Apart from saw-mills,
+all the factories together did not employ above two or three thousand men.
+Since then factories have greatly increased, and a number of French
+Canadians and Irish have settled in the State. But Maine is still
+principally an agricultural district, and its largest city to-day contains
+less than forty thousand people.
+
+After a trial of forty years, has prohibition proved a success or a
+failure in Maine? The answer to this question entirely depends on the
+point of view from which one looks at the subject. In so far as it has not
+entirely destroyed the drink traffic, prohibition is not a success; but
+it has succeeded in diminishing crime, pauperism and drunkenness, and in
+greatly in-creasing the wealth of the people. In 1857, a few years after
+the law came into force, there were only eleven savings banks in the
+State, with 5000 depositors, and a total of deposits and accrued profits
+of about a million dollars. In 1882 there were fifty-five savings banks,
+with 90,000 depositors; and the Hon. J. G. Blaine estimated the aggregate
+deposits and accrued profits at 30,000,000 dollars or more.
+
+Pauperism has shown a steady decrease. From 1860 to 1870, in spite of an
+increase in most of the neighbouring States, the number of recipients of
+official charity was diminished by 21.4 per cent.; from 1870 to 1880,
+there was a further diminution of 11.6 per cent.; and from 1880 to 1890,
+notwithstanding the fact that the increase for the whole of the States was
+10 per cent., there was still further reduction in Maine of over 20 per
+cent. In 1890 the number of paupers was 1161, or only about one-sixth per
+cent, of the population. The significance of these figures is increased
+when it is remembered that Maine is an old settled State, and in such the
+number of pensioners of public charity is usually far greater than in
+newly opened up districts. Insanity, on the other hand, has spread during
+the last thirty years by leaps and bounds. From 1860 to 1870 the number of
+insane in the State increased by 12.5 per cent.; from 1870 to 1880, the
+increase was 94.7 per cent.; and although the complete figures for the
+last decade are not yet published, there is every reason to believe that
+they will be no more favourable. At first this seems to show that there
+must be some mysterious connection between teetotalism and madness; but
+further investigation reveals the fact that this increase has not been
+confined to Maine alone. In seven other North Atlantic States, where
+liquor selling is permitted, the increase has been far greater: during the
+first period it was 48.8 per cent., and during the latter 138.4 per cent.
+The voluminous statistics on divorce supplied by the Government Bureau on
+Labour[1] do not tell conclusively either one way or another as to the
+influence of the law on married life; for divorce laws differ so greatly
+in various States as to make comparisons practically valueless. In Maine
+there are abundant facilities for undoing the marriage tie; consequently,
+the number of divorces granted is decidedly over the average for the whole
+of the country: though in some States, where divorce is even easier than
+in Maine, such as Illinois, the proportion is far greater than there.
+
+Crime is steadily on the decrease, and the average number of criminals in
+Maine is lower than in any other State in the Union. The number of
+convicts in the State Prison is now less than in any time for twenty-seven
+years; in 1890 there were 65 convicts; in 1891, 50; in 1892, 34. The total
+number of commitments to the county gaols for all crimes (including
+offences against the drink laws) is also on the decrease, as is shown by
+the fact that in 1890 there were 3780; in 1891, 3665; and in 1892, 3515
+commitments.
+
+The official returns of the value of property cannot be altogether relied
+upon; for it is a notorious fact that real estate is systematically
+under-estimated for the purpose of taxation. But while giving no accurate
+idea of the value of the holdings in the State, they do show that the
+material prosperity of Maine has greatly increased. In 1857 the valuation
+of property was about a hundred million dollars; according to the annual
+report of the State Board of Assessors for 1893 the valuation was
+270,812,782 dollars. The Census Department estimated the true valuation of
+real estate in Maine in 1890 at 254,069,559 dollars.
+
+It is admitted on all sides that the prohibition law has not succeeded in
+entirely extirpating drinking, and liquor can still be obtained in most of
+the larger cities by those who seek for it. But the open bar has been
+almost everywhere swept away; and those who wish for liquor have either to
+order their supplies from other States or else go to work secretly to
+obtain them. The prohibitionists claim rightly that they have put the
+traffic outside the sanction of the law, and have made it "a sneaking
+fugitive, like counterfeiting--not dead, but disgraced, and so shorn of
+power". The returns of the Department of Internal Revenue show that there
+are still a considerable number of drink sellers in Maine. In 1890 there
+were 868 retail dealers in liquors of all kinds, and 73 retail dealers in
+malt liquors. During the fiscal year ending 30th June, 1892, there were
+808 retail and 7 wholesale liquor dealers, and 214 retail and 5 wholesale
+dealers in malt liquors. There were no brewers or rectifiers. It must be
+remembered that every person licensed under the Maine law to sell drink
+for "medicinal, manufacturing, or mechanical purposes" is reckoned in the
+Government returns as a liquor dealer; and that the individual who at any
+time sells a single glass of rum is at once made to pay the tax by the
+revenue officials, and tabulated by them as a licensed liquor dealer for
+that year. So although there are nominally 808 retail dealers, it would be
+a mistake to suppose that there are 808 saloons doing business in Maine.
+Considerably over half the total criminal convictions are connected with
+breaches of Prohibition Acts. The number of committals for liquor selling
+and drunkenness in 1890 was 2300; in 1891, 1468; and in 1892, 1714.[2] The
+divorce statistics also show that drunkenness has not been entirely
+suppressed; for in the twenty years ending in 1886, 432 divorces were
+granted for habitual intoxication, either alone or coupled with neglect to
+provide.
+
+Yet, there has undoubtedly been an immense reduction in the consumption of
+drink. One who should be a most excellent authority on the question, the
+Revenue Superintendent of a portion of the North Atlantic States, said
+early in 1872: "I have become thoroughly acquainted with the state and the
+extent of liquor traffic in Maine, and I have no hesitation in saying that
+the beer trade is not more than one per cent. of what I remember it to
+have been, and the trade in distilled liquors is not more than ten per
+cent. of what it was formerly". The latest available revenue returns show
+that the drink trade has been further reduced to about one-eighth of what
+it was at the time this was said. The same revenue returns give the most
+conclusive proof possible of the great reductions in the traffic. In 1866,
+when prohibition was only very partly enforced, Maine paid 2,822,000
+dollars in internal revenue, chiefly on drink and tobacco; in 1887 the
+amount paid was only 50,000 dollars, or less than two per cent. of its
+former amount.[3]
+
+The drinking that now goes on may be divided into three classes,--(1) open
+violations of the law, (2) secret drinking, and (3) obtaining liquor from
+the authorised city agencies. The open violations prevail now to a very
+slight extent; but for a long time three or four cities, especially
+Portland, Lewiston and Bangor, practically set the law at defiance. The
+authorities let it be understood that they would not take action, and
+juries refused to convict even on the clearest evidence. This was partly
+due to personal feeling, partly to political considerations, and chiefly
+to the fact that the rum sellers were strong enough to turn out of office
+either Republicans or Democrats, did they attempt to proceed against them.
+
+Most of the drinking that goes on is done either secretly or through the
+licensed vendors. Of the secret drinking it is not necessary to say much;
+for it no more proves the uselessness of prohibition than the existence of
+illicit stills in Scotland and Ireland proves the impracticableness of our
+licensing system.
+
+The selling by the city agencies is a far more serious matter. These
+places are supposed only to sell drink for the purposes allowed by law;
+but, as a matter of fact, they are often little better than saloons
+licensed to supply spirits to be consumed off the premises. People who are
+well known to require liquor solely as a beverage can obtain it with ease
+on simply stating that they want it as medicine or for trade purposes.
+Judging from the amount of whisky sold as medicine in Portland, a
+considerable proportion of the inhabitants of that place must be chronic
+invalids.
+
+Yet in spite of its failings, the people of Maine regard their law as a
+success, and mean to maintain it. As a correspondent, himself a State
+official, and in a good position to gauge public opinion on the question,
+recently wrote to me: "In the discharge of my official duties I
+frequently visit all the cities of Maine, and in no parts of the country
+do I see fewer cases of intoxication than in Maine cities and towns. In
+our country towns a rum shop or a drunken man can rarely be found, where
+formerly liquors were sold at every store. Our people are prosperous, and
+an overwhelming majority of them are perfectly satisfied with our Maine
+liquor laws."
+
+
+
+
+CHAPTER IV.
+
+PROHIBITION IN KANSAS.
+
+
+All things considered, Kansas is one of the most successful instances of
+State prohibition in the Union. The conditions of life there are very
+different to those that prevail in Maine, and the liquor law has had to be
+enforced under many disadvantageous conditions. Kansas is a Western State,
+nearly half as large again as England and Wales, and with a population of
+less than a million and a half. Like many other parts of the far West, it
+was for some time the refuge of disorderly elements of Europe and the
+Eastern States; and even now there is a very considerable "cowboy" class
+which makes the carrying out of restrictive legislation extra difficult.
+None of its cities contain over forty thousand people, and the number of
+foreigners in the State (excepting English families) is comparatively
+small. It has a large boundary line, and is bordered on three sides by
+States in which the drink traffic is legalised.
+
+In 1880 a prohibitory amendment to the Constitution was proposed and
+carried by a very small majority; and the following year saw the passage
+through the Legislature of a measure to give enforcement to the amendment.
+This was only done after a very fierce fight, and for a time the
+opposition was so strong that it was found practically impossible to give
+effect to the law in many parts. In 1882 the friends of prohibition were
+heavily defeated in the State elections, and it seemed as though the Act
+would certainly be repealed. But there came a reaction in favour of
+temperance; and in place of repeal, the original statutes were in 1885
+considerably strengthened. Since then public feeling has been growing
+stronger yearly in favour of the perpetual ostracism of the liquor
+traffic.
+
+According to the law as it at present stands, the penalty for keeping a
+saloon is a fine of from one hundred to three hundred dollars and
+imprisonment from thirty to ninety days. If the person who obtains the
+liquor is intoxicated by it, then the seller will be held responsible for
+any harm he may do while in that state; and his wife, child, parent,
+guardian or employer may bring an action against the seller for injury
+done to them through being deprived of means of support, etc., and obtain
+exemplary damages.
+
+The chief difference between the Kansas law and that of Maine is that the
+sale of drink for purposes other than tippling is made through licensed
+druggists, instead of through city agencies. The regulations to prevent
+the druggists from selling drink for other than medical, manufacturing and
+mechanical purposes are very strict. No druggist can trade in alcohol
+without a permit; and he can then supply only on an affidavit of the
+customer, declaring the kind and quantity of liquor required, the purpose
+for which it is wanted, that it is not intended to be used as a beverage,
+and that the purchaser is over twenty-one years old. Any person making a
+false affidavit for liquor is counted guilty of perjury, and is liable to
+imprisonment from six months to two years.
+
+The affidavits have to be made on properly printed and numbered forms,
+supplied by the county clerk, and have to be sent in once a month by the
+druggist to the probate judge, with a sworn declaration that such liquor
+as stated has been supplied in due accordance with the law. The druggist
+has also to keep a daily record, in a book open for inspection, of all
+drink sold. For breaking these regulations he is liable to a fine of from
+100 to 500 dollars, and imprisonment from thirty to ninety days, besides
+losing his permit. There are still further checks and affidavits required,
+in the hope of making drug store tippling impossible. But these have by no
+means succeeded in their purpose. They have led to a considerable amount
+of perjury; and both druggists and customers have developed such elastic
+consciences that most of them will now swear affidavits to any extent
+required.
+
+In Kansas the prohibition question has been made a partisan one. The
+amendment was carried irrespective of politics; but when the Legislature
+had to frame the laws the Republicans declared themselves strongly in
+favour of active enforcement; and, after the usual manner of politicians,
+the Democrats took up the other side. Up to a few months ago, to use the
+local parlance, "in the platform of the Republican party there was always
+a stout prohibition plank," and the party never met without making a
+declaration in favour of thorough enforcement. Every Republican was a
+defender of the law; and it was repeatedly said that much of the drinking
+in cities was mainly due to the wilful slackness of the Democrats who had
+control of them. But at the last State election there came a change. The
+Republicans have for some time been supreme in the State, but recently
+there has arisen a new party, the Populists, which has attracted great
+numbers of the farmers from the older political bodies. In Kansas the
+Populist movement is specially strong, and in the last election, by a
+combination of Populists and Democrats, a Populist Governor was elected,
+and the Republicans driven from office. The present Populist majority,
+while not so pronounced on prohibition as were the Republicans, still
+expresses its firm intention of maintaining the law. The Republicans now,
+somewhat disheartened by their defeat, are inclined to hedge on the
+question. Their leaders declare that they will no longer bring forward a
+resolution in favour of enforcement at their conventions, but will instead
+state in their programme that "the Republican party is, as it always has
+been, the party of law, and in favour of enforcing all laws on the statute
+book". They say they will do this because it is now wholly unnecessary to
+specially declare in favour of one law more than another; but there is no
+doubt that the real reason is the hope of being able to draw to their side
+a number of hesitating pro-liquor voters, and so win back their old
+position. One of the leading Republicans of the State, the Hon. John R.
+Burton, frankly explained the state of affairs when he said: "It is high
+time the Republican party of Kansas quits its foolishness, and if it
+expects to succeed it must go before the people on strictly political
+issues. It is time to quit riding a hobby, and next year we must make up
+our platform without any relation to the isms."
+
+But while the party leaders, sore after their defeat at the polls, may
+talk like this, there is very little likelihood of their proposing or
+supporting any retrograde movement; for to do so would be to court certain
+disaster at the elections. The great body of the people are
+enthusiastically in favour of the law, and even many of those who grumble
+at it would join together to prevent the re-enactment of licence in the
+State. Religious and temperance organisations abound, and are active in
+compelling the officials to resolutely enforce the law.
+
+Prohibition is now fairly carried out in the whole of the State, with the
+exception of Wichita, Leavenworth, Atchison, Kansas City, and Fort Scott.
+In these places the law is almost a dead letter, and drink can easily be
+obtained, though the saloons do not openly advertise their business. Yet,
+even after allowing for them, it cannot be denied that the law has led to
+a very considerable diminution in the consumption of liquor, and, with it,
+a decrease in the rowdyism which was once rampant. The number of persons
+paying the Inland Revenue tax has, it is true, increased within the last
+few years, but this is no test of the amount of the intoxicants used. The
+returns, prepared by the United States brewers themselves for trade
+purposes, of the number of barrels of beer consumed within the State in
+six recent years are as follows:--
+
+  1887      16,488
+  1888      15,285
+  1889       9,700
+  1890       2,700
+  1891       2,050
+  1892       1,643
+
+The amount derived by the central Government from Inland Revenue taxes has
+also shown a considerable decrease, though not nearly so great as the
+above.
+
+Innumerable statistics have been brought forward by those favourable to
+the law, to prove that it has had a most beneficial effect on the social
+and moral condition of the people. But it is an open question how far the
+small amount of poverty in the State and the reduction of crime are due to
+prohibition. I have no wish to minimise the actual good accomplished by
+the law, but it can serve no useful end to claim for it benefits that are
+produced by other causes. Kansas is a new settlement, and its surroundings
+and circumstances are such that we might naturally expect its people to be
+comparatively free from poverty and its allied evils. The problems that
+menace the older civilisation of the East, over-crowding, starvation
+wages, and lack of employment, are hardly felt there, and it is not fair
+to claim as the outcome of one law the results that are due to many
+causes. The greatest benefits of prohibition in Kansas are of another
+kind, impossible to show by arrays of figures, but none the less real for
+that. The rising generation is free from those temptations which wreck so
+many of our own youth. The man who is a wilful drunkard can, no doubt,
+find out where to obtain liquor; but he who is weak rather than wicked
+does not have alcohol flaunted in his face wherever he goes. A strong
+public sentiment against excess is created; and those who are doing battle
+with the liquor traffic naturally find themselves opposed to the allied
+evils of gambling and impurity. Hence, in the greater part of Kansas, the
+social evil is kept under, gambling dens are unknown, and the whisky ring
+is banished from politics.
+
+One charge has repeatedly been brought against the law in this State--that
+it has checked the inflow of population. "The hour that ushered in
+prohibition," said the Hon. David Overmyer, Democratic candidate for the
+Governorship, in a speech at Salina last December, "closed our gates to
+the hardy immigrant, the home-seeker, the strong and sturdy class that
+develops a country.... It has driven law-abiding and enterprising citizens
+from the State." Statistics certainly show a decrease in the population
+within the last few years. There was a great inflow of immigrants from
+1870 to 1880, and from 1880 to 1888 there was a further increase of the
+population of from less than a million to over a million and a half. But
+from 1888 to 1890 there was a decrease of about ninety thousand, thus
+reducing the increase in the ten years to about 43 per cent. Since 1890
+the number of inhabitants has probably been stationary. The decrease in
+recent years, however, has been due, not to any State law, but principally
+to the fact that great tracts of Indian territory immediately below Kansas
+have been opened up to white men, and there has been a rush to them. When
+the reduction is allowed for, Kansas showed a greater increase in
+population from 1880 to 1890 than many of the principal Western States in
+which drinking is licensed.
+
+
+
+
+CHAPTER V.
+
+THE LAW THAT FAILED.
+
+
+The commonplace truth that, under representative Government, restrictive
+legislation can only succeed so far as it is backed up by the hearty
+support of the great majority of the people, has recently received a
+striking illustration in Iowa. Twelve years ago the people of this State
+voted, by a majority of 29,759 out of 280,000 votes, in favour of an
+amendment to the Constitution making the sale of intoxicants for ever
+illegal. Owing to some flaw in the method of taking the vote, the
+amendment was subsequently declared by the courts invalid; but in 1884 the
+State Legislature carried, and for a long time the authorities in most
+parts have tried to enforce, what is probably the most drastic measure of
+prohibition known. Everything possible has been done to make the
+conviction of liquor sellers sure; the law has been so drawn, even in the
+opinion of many in favour of restriction, as almost to refuse those
+suspected of trafficking in drink a fair trial; imprisonment, hard labour
+and disgrace have followed conviction; yet the one result of it all has
+been--failure!
+
+Iowa is a thinly populated, somewhat newly settled State, almost in the
+centre of the Union, with about 2,000,000 inhabitants, of whom one-sixth
+are foreigners, chiefly Germans. It must be remembered, in attempting to
+form any true estimate of the causes of the failure of the law, that Iowa
+suffers from the usual weaknesses of youth, whether youth of nations or of
+individuals,--venturesomeness and fickleness. Its people are excitable,
+inclined to experimentalise, and apt to rush to extremes. The spirit of
+respect for the law because it is law, so universal in England, is very
+little known there. If the law suits the people of a city or a county they
+will observe it; if not, then so much the worse for the law! In one town
+the inhabitants will be endowed with remarkable virtue: boys caught
+smoking will be liable to have the stick of the policeman across their
+backs; the sale of cigarettes, even to adults, will be forbidden; ballet
+dancers, if permitted at all, will be ordered to wear long skirts; saloons
+will be unknown; men as well as women found in houses of ill-fame will be
+summarily arrested and punished; and, in short, the municipality will
+devise sumptuary laws about almost everything belonging to the public and
+private life of the people. In the next town, possibly only a few miles
+off, the other extreme will prevail: gambling dens and saloons, although
+both illegal by the laws of the State, will be allowed to carry on their
+business unmolested by the police, on the payment of regular monthly
+fines; there will be a quarter of legalised ill-fame, as in any Japanese
+city, and public women will be inspected and certificated as in Paris. The
+people of Iowa have not yet definitely made up their minds whether they
+shall make their State (by order of the Legislature and with the approval
+of the Governor) into a Paradise on earth, or whether they shall permit
+one another to go to the bad, and shall make the road that way as smooth
+as possible. Meanwhile they are experimenting both ways; and in course of
+time, when the disorderly elements have been controlled, and the
+effervescent stage of State life is passed, Iowa will probably settle down
+to a great and glorious future.
+
+The prohibitory law here, as enacted in 1884 and revised in the following
+years, bears in its general regulations forbidding the sale of intoxicants
+as a beverage a family resemblance to those of Maine and Kansas already
+described. Necessary sales for medicinal purposes are made through duly
+licensed chemists; but a chemist is not allowed to sell to any one unless
+the applicant is known personally to him, or bears a letter of
+recommendation from some reliable person of his acquaintance. The would-be
+purchaser has to fill up the following form:--
+
+"I hereby make request for the purchase of the following intoxicating
+liquors (quantity and kind). My true name is ... I am not a minor, and I
+reside in ... Township, in the County of ... State of ... The actual
+purpose for which this request is made is to obtain the liquor for
+(myself, wife, child, or name of the person it is intended for) for
+medicinal use, and neither myself nor the said (wife, child, etc.)
+habitually uses intoxicating liquors as a beverage."
+
+If the applicant is not known to the chemist, the following form has to be
+filled in by some other person:--
+
+"I hereby certify that I am acquainted with ... the applicant for the
+purchase of the foregoing described liquors, and that said ... is not a
+minor, and is not in the habit of using intoxicating liquors as beverage,
+and is worthy of credit as to the truthfulness of statements in the
+foregoing request, and my residence is ..."
+
+At the end of each two months the chemist has to send in to the county
+auditor all application forms received by him, with a sworn statement
+attached, "that no liquors have been sold or dispensed under colour of my
+permit during said months, except as shown by the requests herewith
+returned, and that I have faithfully complied with the conditions of my
+oath".
+
+The penalties for selling liquor without a permit, or for keeping for the
+purpose of unlawful sale, are, for the first offence, 50 dollars to 100
+dollars fine; for subsequent convictions, 300 dollars to 500 dollars fine,
+and imprisonment for not more than six months. But there is a more severe
+method of proceeding against offenders. An injunction may be obtained for
+the closing of any premises where liquors are unlawfully sold, on the plea
+of their being a nuisance. If they are again opened after this, the
+offender is liable to a fine of up to 1000 dollars, and imprisonment for
+six months or a year. Courts and juries are required to so construe the
+law as to prevent any evasion, and even the general repute of a house may
+be brought as evidence against it. When the injunction method is used,
+there is no trial by jury, and thus a conviction can be secured in
+localities where public opinion is most opposed to the law.
+
+Police officers are bound to inform on offenders, under pain of loss of
+office and heavy fines. Drunken persons are liable to a month's
+imprisonment, unless they give information as to who supplied them with
+liquor; any one who buys liquor unlawfully can compel the seller to return
+him the money paid for it; and when a person gets drunk the seller can not
+only be compelled to pay all costs incurred by any one in attending to his
+customer, but is also liable to an action for civil damages from any
+relative or connection of the drunken man who is injured in person,
+property or means of support by such intoxication. It will be noticed that
+the law directs its penalties against the seller rather than the
+purchaser.
+
+The Act was carried by a Republican majority, and has been fiercely
+opposed by the Democrats. At first the new provisions were observed in
+about eighty-five out of ninety-nine counties in the State, the parts
+refusing obedience being mostly those along the banks of the Mississippi
+and most thickly populated. In these latter it was found impossible, in
+spite of the strictest provisions, to secure even an outward show of
+observance. Rum-sellers, police, justices, and the newspapers all combined
+to ignore the law. Temperance men sought to secure convictions, but in
+vain. When there seemed any likelihood of a specially active reformer
+making trouble, the saloon element did not hesitate to use force to put
+him down. The most notable case of this was that of Dr. G. C. Haddock, a
+warm prohibitionist, who lived at Sioux City, where the law was ignored.
+He spoke and wrote, started prosecutions, and used every means in his
+power against the drink interest. One night, as he was returning home, he
+was surrounded in the open street by a crowd of roughs, and one man
+deliberately shot him in the face, killing him immediately. A prominent
+liquor man was arrested for the offence, and it is said that the evidence
+against him was overwhelming. Nevertheless, the local authorities delayed
+bringing him to trial for as long as possible, and then he was acquitted.
+It was openly alleged that the jury had been specially selected to secure
+this result, and had been heavily bribed.
+
+Yet, in spite of these serious drawbacks, the law at first had some
+measure of success. Governor Larrabee, in retiring from office in 1890,
+referred at some length to the results obtained from it, in his message to
+the Legislature. Though his words cannot be said to be free from
+prejudice, they yet must carry weight as being the official verdict of the
+leading officer of the State. "The benefits which have resulted," he
+declared, "from the enforcement of this law are far-reaching indeed. It is
+a well-recognised fact that crime is on the increase in the United States,
+but Iowa does not contribute to that increase. While the number of
+convicts in the country at large rose from 1 in every 3442 of population
+in 1850 to 1 in every 860 in 1880, the ratio in Iowa at present is only 1
+in every 3130. The gaols of many counties are now empty during a good
+portion of the year, and the number of convicts in our penitentiaries has
+been reduced from 750 in March, 1886, to 604 on 1st July, 1889. It is the
+testimony of the judges of our courts that criminal business has been
+reduced from 30 to 75 per cent., and that criminal expenses have
+diminished in like proportion.
+
+"There is a remarkable decrease in the business and fees of sheriffs and
+criminal lawyers, as well as in the number of requisitions and extradition
+warrants issued. We have less paupers and less tramps in the State in
+proportion to our population than ever before. Breweries have been
+converted into oatmeal mills and canning factories, and are operated as
+such by their owners.... The poorer classes have better fare, better
+clothing, better schooling, and better houses.... It is safe to say that
+not one-tenth, and probably not one-twentieth, as much liquor is consumed
+in the State now as was five years ago."
+
+But even while Governor Larrabee wrote these words the knell of the new
+movement had been already sounded, and from 1890 the cause he advocated
+has been steadily losing ground in the State. His successor, Governor
+Boies, was notoriously opposed to prohibition, and threw the whole weight
+of his authority against efficient enforcement. He declared the
+suppression of the drink traffic to be an impossibility, and that to
+attempt it is "a cruel violation of one of the most valued of human
+rights". As though to make his own assertions come true, he pardoned by
+the wholesale persons convicted of unlawful selling. The result was what
+might be expected. In all communities where the authorities had been not
+over-warm about enforcement they now became slack, and everywhere the
+police said that it was useless to secure convictions merely for the
+Governor to make out pardons. In more than one town and county where the
+trade had long been kept under, it now again made its appearance, and soon
+the last state of Iowa was worse than the first. Most of the teetotalers
+seemed to lose heart and do nothing; while for the few who were active the
+dynamiter's bomb, the incendiary's torch and the murderer's revolver were
+ready to silence them into submission.
+
+But all the blame must not be laid on Governor Boies. He could not have
+assumed the attitude he did had he not been supported by a large
+proportion of the people. His conduct was approved by the State in
+general, as may be seen by the fact that in 1891 he was re-elected for the
+Governorship by a majority twice as large as that he had previously
+secured. Iowa had tired of its anti-liquor crusade.
+
+The condition of affairs in many parts in 1893 was a disgrace to the whole
+State. At Council Bluffs, a town of slightly over 20,000 inhabitants, no
+attempt was made to secure enforcement, and about seventy saloons were
+wide open. The city had made regulations of its own to deal with this and
+similar evils. Drink shops were allowed to do business undisturbed on
+paying the City Treasury 52 dollars 10 cents a month; gambling hells were
+required to pay 100 dollars a month; houses of ill-fame 12 dollars 10
+cents a month, and the inmates of such places 8 dollars 10 cents each.
+
+In Carroll, a town of 3000 inhabitants, a similar plan was adopted, and
+seventeen saloons and four wholesale dealers were allowed to go free on
+paying 20 dollars each monthly, as a town licence. In the whole of Carroll
+county the law was ignored. At Des Moines, with a population of 50,000,
+the amount of drunkenness had been rapidly increasing ever since Boies
+took office. In 1890, out of 2441 total arrests, 940 were for drunkenness;
+in 1891, out of 2921 the number of drink cases was 1015; in 1892, 1113 out
+of a total of 3345 were for drunkenness. In Davenport, with 3000
+inhabitants, largely Germans, there were beer gardens and saloons running
+open week days and Sundays, as free from concealment as though they were
+in the Fatherland. The houses of ill-fame have been licensed here,
+confined to a certain quarter of the city, and their inmates inspected
+weekly and given certificates of health. The keepers of such houses are
+made to pay monthly fees of 25 dollars, and the inmates 10 dollars. A fee
+of 200 dollars a year was required from saloon keepers, and those who
+refused to pay were subjected to all manner of annoyances from the
+municipality.[4]
+
+It would be wearisome to go on further. Hardly a town in the State,
+besides many country parts, but had abandoned prohibition, not for licence
+and control, but for a lawless free trade, tempered by the levying of
+municipal blackmail.
+
+It was manifest that this condition of affairs could not last; and the
+Republican party, that had for many years remained steadfast to the cause,
+at last determined to abandon it. A purposely vague clause was chosen for
+the party platform in 1893, stating that "prohibition is no test of
+Republicanism. The General Assembly has given to the State a prohibitory
+law as strong as any that has ever been enacted by any country. Like any
+other criminal statute, its retention, modification, or repeal must be
+determined by the General Assembly, elected by and in sympathy with the
+people; and to them is relegated the subject to take such action as they
+may deem just and best in the matter, maintaining the law in those
+portions of the State where it is now or can be made efficient, and giving
+the localities such methods of controlling and regulating the liquor
+traffic as will best serve the cause of temperance and morality."
+
+It was fully understood at this election that the Republicans would now
+advocate some modification of the law, and on this understanding their
+candidate for Governorship was returned to office by a large majority. The
+newly elected Governor, the Hon. F. D. Jackson, dealt with the question at
+some length in his inaugural address. "A trial of ten years has
+demonstrated," he said, "that in many counties it (prohibition) has fully
+met the expectation of its friends, having successfully driven the saloon
+system out of existence in those counties. While this is true, there are
+other localities where open saloons have existed during this period of
+time in spite of the law, and in spite of the most determined efforts to
+close them. In such localities the open saloon exists without restraint or
+control, a constant menace to the peace and safety of the public. From
+these localities there is an earnest demand for relief--a demand not from
+the law-defying saloon sympathiser, but from the best business
+element--from the best moral sentiment of such communities--from the
+churches and from the pulpit. While the present prohibitive principle,
+which is so satisfactory to many counties and communities of our State,
+should remain in force, wisdom, justice and the interests of temperance
+and morality demand that a modification of this law should be made
+applicable to those communities where the saloon exists, to the end of
+reducing the evils of the liquor traffic to the minimum."
+
+A measure for the semi-legislation of saloons had been brought forward in
+1893. The malcontents did not ask for the total repeal of the law, but
+they demanded that, in localities where prohibition had notoriously
+failed, some other measures should be tried. At the end of March, 1894, a
+"mulct-tax" Bill was carried in the House of Representatives, and sent on
+at once to the Senate, where it was "railroaded" through without debate.
+Early in April it received the sanction of the Governor and became law.
+This measure is not a licensing law, and does not (nominally) license the
+saloon; but it provides that, on the payment by a saloon-keeper of a
+special tax, and on the observance of certain conditions, he shall not be
+liable to punishment for breaking the prohibitory law. This sounds
+somewhat strange to those of us who still retain old-fashioned opinions
+about the necessity for enforcing all laws or repealing them. Clause 16 of
+the "mulct" Act is surely a curiosity among illogical compromises:
+"Nothing in this Act contained shall in any way be construed to mean that
+the business of the sale of intoxicating liquors is in any way legalised,
+nor is the same to be construed in any manner or form as a licence, nor
+shall the assessment or payment of any tax for the sale of liquors as
+aforesaid protect the wrong-doer from any penalties now provided by law,
+except that on conditions hereinafter provided certain penalties may be
+suspended".
+
+The tax required from liquor-sellers is 600 dollars a year, besides a bond
+for 3000 dollars. If, in a town of 5000 inhabitants, a majority of the
+electors who voted at the last poll sign a written statement consenting to
+the establishment of saloons; or if, in a place with less than 5000
+inhabitants, sixty-five per cent. of the electors sign a similar
+statement, then, in such places the fact that a liquor-seller has paid his
+tax shall be a bar to any proceedings under the prohibitory Acts. Each
+saloon is to consist of a single room, with only one exit and entrance,
+with the bar in plain view from the street, and with no chairs or
+furniture except such as are necessary for the attendants. The attendants
+must all be males, and no liquor is to be sold to minors, drunkards,
+persons who have taken "drink cures," or to any person "whose wife,
+husband, parent, child, brother, sister, guardian, ward over fourteen
+years of age, or employer shall by written notice forbid such sales".
+
+It is too early yet to say what the result of the "mulct" Act will be. The
+latest news from Iowa reports that the necessary proportion of signatures
+for the opening of saloons has been obtained in a number of moderate-sized
+towns, which were formerly thought to be favourably inclined to
+prohibition. In Des Moines 5500 signatures have been secured, and the
+drink-sellers boast that they can obtain one or two thousand more if
+required. It is yet a matter of doubt whether the saloon-keepers in
+several border towns will submit to the new law or will continue their old
+plan; but it seems certain, that for a large part of the State the days of
+even nominal prohibition are over. The State Legislature has agreed to
+re-submit to popular vote the prohibitory amendment to the Constitution;
+but this is done rather as a sop to the advocates of temperance than with
+the expectation that it will lead to any change.
+
+
+
+
+CHAPTER VI.
+
+HIGH LICENCE.
+
+
+High licence in its present form is comparatively a new development of
+American drink legislation. During the early part of the latter half of
+this century reformers would hear of nothing but the most uncompromising
+prohibition. Then came a reaction, and even the stoutest opponents of the
+liquor traffic were forced to admit that in towns of any size prohibition
+has never yet been a success. As a leading reformer put it: "Prohibition
+has not yet touched the question where it presents the gravest
+difficulties, except to fail. After an existence of more than fifty years
+it has yet to grapple with this problem in any great centre of population.
+A law unenforced in its essential particulars debauches the public
+conscience." The question at last had to be faced--how, as men will have
+drink, the traffic in it can be conducted so as to do the least harm to
+the community. This led to high licence, a policy which includes the
+limiting the number of saloons, placing them under strict regulations, and
+fixing the licence fee at such a high rate as will keep all but
+responsible men out of the business. This plan would, it was hoped, meet
+the legitimate demand for drink, exterminate low saloons, and at the same
+time bring in a very considerable revenue, thus applying Emerson's maxim,
+and "making the backs of our vices bear the burden of our taxes".
+
+As a general rule the high licence movement has been supported by the
+Church and the Roman Catholic temperance societies, but has received
+bitter opposition from more extreme abstainers. "High licence is a fraud
+and a failure," said Neal Dow not long since; "and the greatest hindrance
+to the temperance movement in America is the Church Temperance Society,
+which supports it." Liquor-sellers look on it with mingled feelings. Where
+there is a likelihood of prohibition becoming law they openly support high
+licence. Thus the Maine Hotel Keepers' Association recently passed a
+resolution that "local option and high licence is the best means of
+dealing with the liquor question". But, where temperance sentiment is
+weak, the saloon-keepers not unnaturally do their best to maintain the old
+lax low-licence regulations.
+
+The new method first came to the front at Nebraska in 1881, by the passing
+there of the "Slocumb law," which fixed the State licensing fees at 500
+dollars for saloons in small towns, and double that amount where the
+population exceeded 10,000. From Nebraska the idea spread rapidly, and was
+soon adopted by many other States. The most conspicuous instance of its
+working is to be found in Pennsylvania, where the Brooks Licensing Act
+passed through the Legislature in 1887, and came into force on 1st June,
+1888. The leading provisions of the Brooks Act are, that the granting of
+licences shall be left in the hands of the Courts of Quarter Sessions,
+which shall issue whatever number they deem necessary, with full power to
+revoke any or all at the end of each twelve months; that each licensee
+shall pay a fee of from 1000 dollars downwards, according to the size of
+the town or city in which he carries on his trade; and, furthermore,
+besides his giving a personal bond for 2000 dollars, two owners of real
+estate living in the immediate neighbourhood shall also become bondsmen to
+the same amount each, as sureties for his strictly keeping the law. To
+these clauses are added the prohibitions, usual in most of the States,
+against selling on Sundays or election days, or to minors or intoxicated
+persons. As an immediate result of the passing of the Act, the number of
+licensed houses in Philadelphia was reduced from 6000 to about 1300, and
+in other parts of the State even greater reductions were made. The judges
+used their discretionary powers to a considerable extent, and for every
+successful applicant for a licence there were two others willing to find
+sureties and to pay the fees, but whose applications were refused. Yet,
+notwithstanding the reduced number of saloons, the revenue showed a most
+decided increase. Before the passing of the Act the licensing fees in
+Philadelphia came to 300,000 dollars; now, with less than a quarter of the
+former number of houses, they amounted to 680,000 dollars, and the whole
+State derived an annual drink revenue of close on 2,000,000 dollars. It is
+worth noting in this connection that the total amount of criminal and
+charitable expenses in Philadelphia alone caused through excessive
+drinking comes to over 2,000,000 dollars annually.
+
+The law had an immediate and most remarkable effect on crime. The number
+of committals to Philadelphia county prison for the twelve months before
+the passing of the Act was 27,867; for the twelve months afterwards it was
+only 18,218. The number of Sunday arrests and committals for intoxication
+during the same two periods was--before, 1263; after, 381; showing a
+reduction of about 70 per cent. The number of women arrested sank to less
+than one-third, from 138 to 41.
+
+These good results cannot, however, be solely attributed to the fact that
+the licence fees are heavy. "The real virtue of an Act such as we have in
+this State," said a local journal in 1890, "lies not in the high fee, but
+in the restrictions put upon the issuance of licences.... The fee is the
+least important feature of the Brooks Act." In Philadelphia there is a
+strong public opinion to back up the Act; and the police are, on the
+whole, active in searching for evasions. The great obstacles in the way of
+the total suppression of unlicensed houses lie in the two facts that
+juries are not always willing to convict, and that the courts have a way
+of letting the cases run on for an unconscionable time, until it is almost
+impossible to bring witnesses to secure proof of the offences. For
+instance, it was reported by the Police Department in November, 1891, that
+since June in that year there had been 325 arrests for unlawful sale,
+etc.; 242 of these were returned to court; in 204 cases were true bills
+found, only 99 cases had been fully tried (out of which 76 convictions
+were secured), and there were no less than 103 cases awaiting trial, and
+28 more awaiting the action of the grand jury.
+
+Since the first year, the licensing judges in Philadelphia have gone in
+for increasing the number of saloons, and proportionately with the
+increase of liquor shops the total of arrests for intoxication has risen.
+There were 32,974 persons taken up by the police for intoxication and
+disorderly conduct the year before the passing of the Act, while for the
+year afterwards there were only 19,887. For the twelve months from June 1,
+1890, the number of saloons was increased to about 2000, and the
+committals at once rose to over 25,000.
+
+In the next licensing year the number of houses was again reduced, and
+once more the number of arrests showed a reduction, though not
+proportionately large. Last year the judges decided to increase the
+number; and it is to be feared that if they do not stop this course the
+amount of drunkenness will soon be as great as it was before the passing
+of the Act. Thoughtful citizens are widely awake to the evils of this
+course, and great pressure has been brought to bear on the judges to
+abandon their present policy. In September, 1893, the local Law and Order
+League sent a letter round to many of the leading inhabitants on this
+matter; and through the courtesy of its secretary I am able to reproduce
+parts of it here. "Persistent efforts have been and are still being
+made," the Committee stated, "to induce the court to increase the number
+of liquor licences.... We have reason to believe that a large number of
+applications have been and will be made in the interests of a few
+individuals who manage to evade the law, which does not allow an applicant
+to be interested in more than one licensed place--thus you will see that
+the greatest vigilance has to be exercised in dealing with this subject.
+
+"There were 224 more licences granted from 1st June, 1893, than for the
+previous year; and the number of arrests for intoxication in the last
+three months, ending 1st September, as compared with the same period of
+time in the previous year, shows the following result:--
+
+  Year.                    No. of licences.  No. of arrests.
+  1892 June to September         1928             7056
+  1893  "          "             2181             7375
+
+--an increase of 319 over the previous year."
+
+In some cities, the Brooks law has, for a time at least, apparently led to
+an increase of the very evils it was framed to check. Thus, in Pittsburg
+the number of saloons was cut down from 1500 to 244, and finally to less
+than 100, yet the arrests for intoxication went up by 10 per cent.
+
+But further investigation shows that this result has been brought about by
+the open, unchecked setting the Act at defiance. "Speak-easies" (that is,
+unlicensed saloons) have been allowed to spring up in such numbers that
+five years ago there were probably seven to each licensed house. These
+places were permitted to exist because of the political power of their
+owners, and the police did not dare proceed against them. The agent of the
+local Law and Order League opened prosecutions against about 150 such
+houses in a couple of years; but in nearly every instance the juries
+refused to convict. It has been openly stated time after time that both
+the police and juries are under the control of the liquor ring, though
+just now there is admittedly a great improvement in this respect. At
+ordinary times the "speak-easies" are conducted with at least a show of
+secrecy, getting their liquor in at night, and thinly disguising
+themselves as cigar shops, drug stores, or eating houses; but during
+elections they sometimes throw off even the appearance of concealment,
+knowing that no one will venture to attack them. At the election of
+January, 1890, the local _Commercial Gazette_ reported: "On Sunday not a
+few of the select seven hundred were running wide open. They were not
+'speak-easies,' but 'yell-louds,' as they disturbed their neighbourhoods
+with their hideous conduct. What inducements have regularly-licensed
+saloons to observe the law and renew their licences in the spring if
+saloons that pay no licence are permitted to sell not only throughout the
+week but on Sundays, when of all days they should be kept shut? The
+'speak-easies' have, or imagine they have, a 'pull' on the political
+parties, that they thus dare to impudently disregard the law." A partial
+failure of the Act has been caused in other places besides Pittsburg by
+the presence of such houses; and even where the police do their utmost it
+is no easy matter to exterminate them. The Chief of Police in Lancaster
+county reported in 1889 that there was a considerable amount of
+drunkenness among women and young people; and that the drink was obtained,
+not in licensed houses, "but in hell-holes known as beer-clubs, or in
+houses where beer is delivered in quantities". From other parts come
+similar reports.
+
+Unquestionably, high licence, when properly enforced, is a check to
+intemperance; with an unbiassed executive, an uncorrupted police and a
+law-abiding community, it does much to rob the liquor traffic of many of
+its evils. But, unfortunately, these conditions are not to be found in
+many American cities. All who have studied the working of the law admit
+that the mere fact that a licence fee is high is not enough in itself;
+this must go along, as it does in most places, with a large measure of
+local control and with wise restrictive legislation. The great fault of
+the high-licence plan is that it leaves the saloon almost as great a power
+in politics as ever. But how this is to be prevented, short of sweeping
+the drink-sellers away altogether, does not appear.
+
+
+
+
+PART II.
+
+GREATER BRITAIN.
+
+
+
+
+CHAPTER I.
+
+PROHIBITION AND LOCAL OPTION IN CANADA.
+
+
+While Great Britain has been content, for many years, to do little more
+than talk about proposed temperance legislation, Greater Britain has been
+active in framing laws, testing them by actual practice, and revising,
+strengthening or abandoning them as the results have shown to be
+advisable. Our colonial cousins, free from the prejudices and cast-iron
+traditions of English political life, have displayed far more willingness
+to adopt strong remedies for a grave disease than have we ourselves at
+home. In Canada the drink question has been, for over a quarter of a
+century, one of the most pressing problems in Dominion politics; and the
+results of efforts made to solve it there should prove of real value to
+law-makers on both sides of the Atlantic. Compared with England, Canada is
+decidedly a sober country. In some parts total abstinence is the rule
+rather than the exception; the average consumption of liquor is
+comparatively small; and the liquor traffic has been for years under
+strict regulation. Though the licensing laws differ in the various
+provinces, they are everywhere much in advance of our own. Sunday closing
+is universal, no drink can be sold on election days, and in most districts
+the taverns have to be shut up on Saturdays at six or seven in the
+evening. High licence prevails in many of the cities, the penalties for
+serving minors or drunken persons are very heavy, and a limited form of
+local option gives communities power to sweep away almost all of the drink
+shops in their borders. The result of these measures may be seen in the
+fact that while in England the annual consumption of drink is thirty-four
+gallons per head, in Canada it is only four.
+
+Early in the seventies, the temperance party started an agitation to
+obtain out-and-out prohibition. Petitions poured in on Parliament, and
+such pressure was brought to bear on individual members that the Dominion
+Government finally decided to introduce an Act which would give the people
+in every city and county the right to interdict the traffic there. The
+framing of the measure was left in the hands of the Hon. Robert Scott, a
+well-known lawyer and a member of the Government, and he drew up a Bill
+which seemed at the time as stringent and as workable as possible. The
+"Scott Act," as it was at once universally called, provided that on
+one-quarter of the electors of any city or town petitioning the
+Governor-General, he should cause a direct vote to be taken as to whether
+the place was to come under the Act or not. A bare majority would decide
+either way; and once the election was held, the question could not be
+re-opened for three years. At the end of three years, the defeated party
+might demand another poll. If the people decided to come under the Act,
+all licences in their district would lapse at the end of the year, without
+any compensation being paid to the licence holders, and then the ordinary
+manufacture or sale of intoxicating liquors as a beverage would be
+absolutely prohibited. The penalties provided for attempting to evade the
+law were--50 dollars for the first offence, 100 dollars for the second,
+and not more than two months' imprisonment for each subsequent conviction.
+Everything was done to make the recovery of the penalties as simple as
+possible; there was no power of appeal, and, while it was the special duty
+of the collectors of Inland Revenue to see that the law was enforced, any
+private individual had the power to institute a prosecution.
+
+The Scott Act was received with almost universal approbation; Macdonald
+and Mackenzie, the two leading Canadian statesmen, supported it; and in
+May, 1878, it was read for a second time in the Dominion House of Commons
+without a division. It received the Royal Assent the same month, and
+became law. Within the next seven years it was submitted to seventy-seven
+electoral districts, and was accepted by sixty-one. The majorities for it
+were usually overwhelmingly large. In York, 1215 electors voted for the
+Act, and only 69 against; in Prince the figures stood, 2062 for, 271
+against; and in many other places the proportion was about the same. But
+the hot enthusiasm for prohibition did not last very long. Communities
+that had voted to go under the Act became first lukewarm and then hostile;
+and soon a repeal movement set in, almost as strong as the demand for
+prohibition that had preceded it. The revenue returns showed, it is true,
+a most decided diminution in the consumption of liquor. Comparing the
+statistics for the ten years ending 1888 with those for the ten ending in
+1878, the _per capita_ reduction was 39 per cent. in spirits, 8 per cent.
+in beer, and 49 per cent. in wine. But this apparent reduction was almost
+altogether neutralised by the great increase in smuggling. The coast line
+of the seaboard provinces is so extensive that even the utmost vigilance
+of the revenue authorities cannot altogether put this down. The extent to
+which it prevailed may be shown by the estimate of Lieutenant-Colonel
+Forsythe, chief of the police at Quebec, that in a single year 5000
+barrels of liquor were landed by smugglers at one place, St. Pierre
+Miquelon.[5]
+
+What was the cause of this change of sentiment? Perhaps the principal
+reason was an unfortunate dispute which arose between the Dominion and the
+provincial authorities as to whether the right to pass laws dealing with
+the drink traffic lay with the former or the latter. The provincial
+authorities declared that the Central Parliament was exceeding its powers
+in passing such a measure, and the point was fought out before the courts.
+After various decisions by the lower courts, the Judicial Committee of the
+Privy Council declared, in June, 1882, that the Scott Act was
+constitutional. Then the provincial and local authorities practically
+refused to take steps to ensure the active enforcement of the Act. They
+said that as it was a Dominion, and not a provincial measure, the Dominion
+Parliament must see to it. Political issues became mixed up with the
+question of enforcement, and in many parts law-breakers well understood
+that the local authorities would take no active steps to bring them to
+justice, if they could avoid doing so.
+
+Senator Scott, the framer of the law, himself admits that this is the true
+explanation. In a recent interview he said: "The provisions for enforcing
+the law were full and complete. But there is no Act in the statute books
+that was more bitterly opposed; some of the judges in the maritime
+provinces even refused to give effect to it. The law was fought out in
+every court in the land; and until the Judicial Committee of the Privy
+Council sustained it, the attempt at enforcement was hopeless. Neither
+Governments nor courts regarded it with favour. The onus of enforcing the
+law was cast upon the Federal Government, yet that Government could not be
+charged with showing any disposition to enforce the law.... The
+temperance element in very many localities either condemned the omission
+of the executive to put the law into operation, or became indifferent on
+the subject. Wherever there was a strong temperance sentiment, as in many
+counties in the maritime provinces, the law was enforced by the people,
+and it has borne good fruit."[6]
+
+The case of Ontario, which has excited special interest in England, may be
+taken as in many respects a typical one. The temperance party is very
+strong here, and the Act was adopted in 1884 and 1885 by about two-thirds
+of the province. A vigorous attempt was made to enforce it, and at first
+with some show of success. The consumption of liquor was for a time
+diminished, the saloons put up their shutters or sold only temperance
+drinks, and illegal traders were quickly brought to book. Mr. W. J.
+Thomas, a Toronto brewer, has given the following as the experience of his
+firm with the Scott Act: "I found my output to decrease during the Scott
+Act years, and to change in character. It was sneaked into Scott Act towns
+by night, and in all sorts of boxes, barrels, and other packages. There
+was also a large increase in the bottle trade, as well as more bought for
+private families."
+
+But soon trouble came. Legal authorities raised difficulties in the way of
+maintaining the law, and convictions were often quashed on appeal on the
+slightest grounds. The pro-liquor party showed fight, and persons who
+attempted to give evidence against drink-sellers would have their windows
+broken, would suffer personal violence, and would be publicly denounced as
+"sneaks" and "spies". A system of intimidation was organised, magistrates
+who convicted were openly insulted and threatened, notable temperance
+workers had their houses blown up or their ricks fired, and informers went
+in danger of their lives. After a time, moreover, the commitments for
+drunkenness showed a considerable increase; in 1876, they were 3868: in
+1887, when the Act was in force, they had mounted to 4130; and in 1892,
+after the repeal of the Act, they were only 2736. This increase of
+drunkenness under prohibition was probably due to the fact that people
+became addicted to whisky, owing to its being portable, rather than beer,
+which they could not so easily smuggle or hide.
+
+The story of a publican, given before the Royal Commission, is of
+interest, as showing how drink-sellers evaded the law. "I had two years'
+experience of the Scott Act at Port Huron, a town of 2000 inhabitants,"
+said Mr. J. C. Miller. "I complied with the Scott Act at my hotel there
+for three months, but the receipts would not justify perpetuity. On the
+12th July I made a drink called 'conundrum drink,' composed of water,
+lemons and whisky. This was supplemented by lager, called for the day
+'blue ribbon beer'. The temperance men sent up two detectives from
+Kincardine, who were low characters, and would swear to anything. When
+they came to give evidence, I gave them forty dollars to clear me, and
+they did so.
+
+"Dr. McLeod (a Commissioner).--You paid them the money to perjure
+themselves?
+
+"Mr. Miller.--Well, I gave them forty dollars, and do not know whether
+they got liquor in my place or not. They were prepared to swear that they
+did, and they swore that they didn't. I then tried the experiment of
+keeping the liquor to give away, and it was entirely successful. Then I
+sold cider, and gave the liquor away. That was also successful; and after
+the temperance men sought several times to secure a conviction without
+success, they let me alone, and I sold freely until the Act was repealed."
+
+It must not be supposed that the temperance people were passive spectators
+of these attempts to defy the law. On the contrary, they were active in
+prosecuting. The number of prosecutions for breaches of the law in the six
+months ending in July, 1886, was 1005; for the six months ending in
+October, 1887, the number of prosecutions was 2845. The number of
+convictions in the first period was 541, and in the second period 1771.
+
+The electors of Ontario had enough of the law, and at the earliest
+possible opportunity the Act was repealed in every county in the province.
+
+Mr. F. S. Spence, the secretary of the Dominion Alliance, gave the
+following as the reasons why (in the opinion of prohibitionists) the law
+was repealed:--
+
+"(1) Because the people were disappointed in finding that it did not give
+them a fuller measure of prohibition.
+
+"(2) Because of the hard feeling engendered among neighbours by the
+forcing of evidence.
+
+"(3) Because of the annoyance caused by the hotel-keepers closing their
+houses, and of the terrorism practised.
+
+"(4) Because of the inefficiency of the machinery for the enforcing of the
+Act.
+
+"(5) Because the vote for repeal was often brought on prematurely during a
+time of local irritation over the effects of the Act.
+
+"(6) Because of antagonistic personal influence."
+
+The temperance party did not take its defeat quietly. It maintained that
+the failure was due, not to any mistake in the principle of prohibition,
+but to erroneous legislation and weakness of administration; and a fresh
+agitation was soon started for a more perfect measure. But for some time
+action was delayed. The great stumbling-block in the way of the
+authorities doing anything is the doubt whether the right to legislate
+lies with the federal or the provincial authorities. The decision of the
+Privy Council in 1882, while settling the legality of the Scott Act, by no
+means made clear the exact line of demarcation between the powers of the
+greater and lesser Legislatures on this matter. In order to settle this,
+the Ontario Government has submitted to the Supreme Court a constitutional
+case which will clear up the matter. As soon as this is decided there, it
+will be taken on to the Privy Council, and it is expected that by early
+next year the matter may be finally settled.
+
+This doubt has given Dominion politicians a very good excuse for doing
+nothing. "When we get a prohibition law in Ontario," said Sir Oliver
+Mowatt, the Ontario Premier, in answer to a deputation (20th April, 1893),
+"we will want one that is enforced. There is no use in a nominal
+prohibition, no use in putting a prohibition law on the statute book,
+unless we can, and do, enforce it. You all know that a prohibition law is
+difficult of enforcement, as there are too many people interested in its
+not being enforced. If a law is not enforced to any extent, it is a
+thousand times worse than if there was no such law on the statute book.
+Any prohibition law under the present condition of public sentiment is
+difficult of enforcement; and if there were any reasonable doubt as to
+whether that law is valid or not, it would be hopeless to attempt to
+enforce it. We may be sorry for that, and unwilling to believe it; but if
+we endeavour to enforce in this country a prohibition law, when there is
+not a reasonable certainty of its being valid, it will be a hopeless
+task."
+
+Year by year, since their defeats in 1887 and 1888, the prohibitionists
+have been gaining greater political power, and they now command so many
+votes that neither party can afford to ignore them. In order to make a
+show of satisfying their demand, and at the same time, perhaps, to shelve
+the question for a year or two, the Dominion Government appointed, in
+1892, a Royal Commission to inquire into the whole subject. Since then
+the Commissioners have been moving from place to place, collecting a
+considerable amount of useful, and a still larger quantity of irrelevant
+and next to valueless information. The Commission has given a great many
+no doubt worthy persons the opportunity of airing in public their
+individual opinions on the folly or wisdom of total abstinence, on the
+exact number of ounces of alcohol it is wise to consume in a day, and on
+other equally absorbing themes. But if the Commissioners print _verbatim_
+all the evidence that has been tendered before them, their report will
+almost rival in bulk the holy books of the Buddhists, or the report of the
+Sweating Commission.
+
+In 1893 and 1894, in order to accurately ascertain the real opinion of the
+people on the liquor question, the greater number of the Provincial
+Governments took plebiscites on prohibition. The plan was adopted from the
+well-known Swiss referendum; but with the great difference that, whereas
+in Switzerland a sufficient majority obtained by the direct vote alters
+the law, the plebiscites in Canada have no legislative effect whatever,
+but are purely expressions of opinion, taken as test of the popular will.
+At first the extreme left wing of the temperance party looked with some
+disfavour on them, and declared that they were nothing but pretexts to
+delay legislation.
+
+A plebiscite was first taken in Manitoba, on the same day as the general
+election, at the end of 1892. Two-thirds of this province are said to be
+already under prohibition, by means of local option laws, and out of the
+forty members of the Legislature twenty-two are reputed total abstainers.
+The vote was taken on the single question: "Do you think the prohibition
+of the manufacture and sale of intoxicating liquor desirable? Yes or No."
+The number of votes recorded was fairly large, being only a little over
+five per cent, less than that cast for the candidates for the Legislature.
+The result was a complete victory for the prohibitionists. Even Winnipeg,
+the largest city, which was reckoned a very doubtful place, gave a
+majority of 1300 for prohibition. The result in the whole province was:--
+
+  Total votes for candidates,    28,204
+  Total votes on prohibition,    26,752
+  For prohibition,               19,637
+  Against prohibition,            7,115
+  Majority for prohibition,      12,522
+
+The Provincial Assembly has since requested the Dominion Parliament to
+give effect to the popular vote by legislative enactment.
+
+In Prince Edward Island a plebiscite has shown a majority of 7000 in
+favour of prohibition; and in Nova Scotia, where a poll has just been
+taken, the result has been a majority of 31,701 for prohibition. But the
+most surprising result of all has come from Ontario. It was generally
+anticipated by those not on the spot that this province, with its former
+unfortunate experience, would hardly again support a proposal for the
+suppression of the drink traffic. A vote was taken on New Year's Day,
+1894; and all persons having votes at municipal elections, and all
+unmarried women and widows who exercise the franchise, were allowed to
+take part. No elector had more than one vote. The question submitted was:
+"Are you in favour of the immediate prohibition by law of the importation,
+manufacture and sale of intoxicating liquors as a beverage?"
+
+The temperance party made great preparations for the election. Innumerable
+meetings were held, committees of ladies canvassed the voters, ministers
+urged on their congregations the duty of rightly using their electoral
+powers, and all that was possible to ensure success was done. The
+teetotalers in Ontario undoubtedly anticipated a victory, but even the
+most sanguine among them had hardly dared to anticipate such a majority
+as was obtained. 192,487 voted for prohibition, 110,757 against, leaving a
+majority in favour of 81,730 votes.
+
+The most discouraging thing about the plebiscite is the fact that only
+about 58 per cent. of the electors in the province took the trouble to
+record their votes. The women constituted 35 per cent. of the total
+electors, and while the ballot forms for the men were printed on yellow
+paper, those for women were on blue, in order that it might be ascertained
+how they voted. It was found that the women were six to one for
+prohibition. So if the votes of the women had been taken away, the
+majority in favour would have been reduced to a few thousands.
+
+But after allowing for these things, the victory was unquestionably a
+notable one. The chief strength of the liquor party lay, as usual, among
+the foreign portion of the community, and those towns in which the Germans
+predominated declared by large majorities against prohibition. In Toronto
+the prohibitionists obtained a majority, but so many electors abstained
+from voting as to make this apparent victory little better than a defeat.
+But many places that had been confidently expected to declare for licence
+decided the other way. Even several districts that a few years ago almost
+unanimously repealed the Scott Act, had come round again in favour of
+prohibition.
+
+The temperance party in Ontario is now somewhat divided. There is a noisy,
+if not very influential section, that is in favour of the Provincial
+Legislature at once passing a provincial prohibitory law, taking for
+granted that the Privy Council will decide in favour of the State right to
+do so. Happily, this section is in a minority, for no course could be more
+harmful to the temperance cause. If a provincial prohibitory law were
+passed now, magistrates would fear to enforce it fully until they knew
+whether it was really legal or not; cases of conviction would be the
+subject of unceasing appeals from court to court; and every cause that
+made the Scott Act a failure would, in an accentuated degree, prevent the
+efficient carrying out of the new law.
+
+Many members of the temperance party recognise this, and have determined
+to work for prohibition under the local option laws, and for the creation
+of a still stronger public sentiment against drinking, until the decision
+of the courts is known. Then, if it is found that the province has the
+right to prohibit, a Prohibition Bill will be introduced.
+
+The Government has adopted this latter plan, and the Premier, Sir Oliver
+Mowatt, has given the following pledge for himself and his colleagues: "If
+the decision of the Privy Council should be that the province has the
+jurisdiction to pass a prohibitory liquor law as to sale, I will introduce
+such a Bill in the following Session, if I am then at the head of the
+Government. If the decision of the Privy Council is that the province has
+jurisdiction only to pass a partial prohibitory liquor law, I will
+introduce such a prohibitory Bill as the decision will warrant, unless the
+partial prohibitory power is so limited as to be ineffective from a
+temperance standpoint."
+
+Prohibitionists in Ontario will only do themselves harm if they imagine
+that the battle for the suppression of the liquor traffic there is already
+won, or will be won on the passing of a suitable Act. On the contrary, it
+is certain that any prohibitory Bill, when passed, will meet with the
+greatest opposition from a considerable portion of the community.
+Innumerable efforts will be put forth to make it a dead letter, or to
+break it down in any way whatever. There is a large and controlling
+section of electors on whom the continuance of the law depends. It is now
+willing to give prohibition a trial, and if it is anything like a success
+it will maintain it. But, if it should prove unworkable or unsuccessful,
+then the great body of the people will soon send it on the same road as
+the Scott Act.
+
+So far as plebiscites have been taken throughout the Dominion, they have
+been in every province in favour of prohibition. There are three provinces
+in which there has been no voting,--New Brunswick, British Columbia, and
+Quebec. The last named is admitted to be, on account of the large
+proportion of settlers of French descent in its borders, the province
+least friendly to the suppression of the traffic; but the other two are
+generally regarded as strongholds of temperance. The opinion of New
+Brunswick may be seen by the following resolution passed by its
+Legislative Assembly on the 7th April, 1893: "Whereas, in the opinion of
+this Legislative Assembly, the enactment of a prohibitory liquor law would
+conduce to the general benefit of the people of the province, and meet
+with the approval of a majority of the electorate; and whereas legislative
+power in respect of the enactment of such law rests in the Parliament of
+Canada; therefore, resolved that this Assembly hereby expresses its desire
+that the Parliament of Canada shall, with all convenient speed, enact a
+law prohibiting the importation, manufacture, and sale of intoxicating
+liquors as a beverage, into or from the Dominion of Canada."
+
+Many demands have been made that the Dominion Parliament, under the powers
+it was declared to possess by the Privy Council decision of 1882, shall
+immediately enact a Dominion prohibitory law. This, however, it refuses
+to do; and Sir John Thompson, the Dominion Premier, recently stated he can
+do nothing this Session, owing to the tariff reductions; and he does not
+think it would be a proper course to announce a policy until after the
+report of the Royal Commission on the question has been presented.
+
+
+
+
+CHAPTER II.
+
+LOCAL CONTROL IN NEW ZEALAND.
+
+
+In no British colony is the temperance sentiment stronger, or is there
+more likelihood of the agitation for prohibition being brought to a
+successful issue, than in New Zealand. Its statesmen have shown during the
+last few years great political venturesomeness; the parliamentary suffrage
+has been given to women; social, it may be said socialistic, legislation
+of a most pronounced character has been encouraged, and the dreams of
+English Radicals have turned to blossom and fruit under the Southern
+Cross. The danger at present seems to be, not that the changes will be too
+slow, but that politicians, eager to anticipate the public wishes, may
+adopt and carry advanced legislation for which the colony is not prepared.
+This danger has been greatly increased since the passing of female
+suffrage. Whatever merits women may have as politicians, moderation is not
+one of them; and in the last election they plainly showed that they intend
+to select for power the men of most outspoken views and extreme policy.
+
+New Zealand is a country of to-day, and knows but little of the social
+difficulties that are taxing all the energies of politicians in lands with
+a longer history. The rougher and poorer emigrants have mostly chosen the
+other Australian colonies in preference to it, and it is peopled to-day by
+a picked body of prosperous Englishmen and Scotchmen. As regards the
+consumption of liquor, it takes almost the lowest place among those lands
+that fly the Union Jack. The average expenditure per head comes to only a
+little over three pounds a year, and the amount of proof spirits consumed
+per head in the same time is a little over two gallons, or only about half
+of the quantity drunk in England. The prohibitionist party is very strong
+in the colony, and is led by Sir Robert Stout, the Liberal ex-Premier. The
+prohibitionists do not attempt just now to secure a measure forbidding the
+sale of liquor throughout the colony, for they regard that as at present
+impracticable. Their demands for the time are local option of prohibition
+by a simple majority, and no compensation. This latter point they have
+secured; and the question of pecuniary compensation to dispossessed
+publicans is no longer within the range of practical politics in New
+Zealand. In 1892 a Licensed Victuallers' Compensation Bill was brought
+before the House of Representatives; but it aroused such general
+opposition that its proposers did not venture to ask for a division on it.
+
+The tendency of legislation has been for some years steadily in the
+direction of giving increased direct power of control to the people. For
+some time the supervision of the drink trade was left in the hands of the
+various Provincial Councils, but in 1873 Sir William Fox, then Premier,
+carried a measure through Parliament which granted to two-thirds of the
+adult residents in any neighbourhood the right of preventing the issue of
+new licences there, on notifying their desire in that respect by signing a
+petition. Eight years later, a new Act repealed this veto law, and
+provided a more complicated machinery for dealing with the question.
+According to this, a Licensing Board was chosen annually by the electors
+in each district, and once in every three years the ratepayers voted on
+the question whether any licences should be issued in their neighbourhood.
+If they decided in the negative, the Board had to abide by their decision;
+but should they wish for an increase, the matter was then brought before
+the Board, though this body was by no means obliged to grant new licences,
+even when the popular vote had given it power to do so.
+
+In many ways this Act proved a practicable, workable measure. The Inland
+Revenue returns showed each year, from the passing of the Act up to 1889,
+a steady diminution in the consumption of drink, amounting altogether in
+the seven years to twenty-five per cent.; and though this reduction has
+not been quite maintained during subsequent years, the trade is still
+considerably less than it formerly was. The Act stopped the increase of
+public-houses, though very few of the old hotels were deprived of their
+licences under it. Out of 1500 licensed houses in the colony, only
+twenty-five were closed under the Act during the first seven years. Since
+that time the advanced temperance party showed considerably more activity
+in this direction, and succeeded in obtaining a withdrawal of most of the
+licences in more than one district. But a doubtful legal point cropped up,
+as to how far Local Boards have the power to take away old licences, that
+prevented very much being done. In a certain licensing district the
+temperance party aroused itself and succeeded in electing a Board pledged
+to close the hotels. The Board kept its promise, and thereupon the
+liquor-sellers brought a case before the courts, on the grounds that the
+members of the Board had publicly pledged themselves as to their line of
+action before election, and therefore they were biassed and did not deal
+with the licences in a judicial manner. The court upheld the publicans and
+declared that the deprival of the licences was illegal. This decision, of
+course, practically took from the electors the greater part of their local
+control. Another point in which the system proved unsatisfactory was in
+the supervision of licensed houses. There seems to be a general opinion
+among moderate men that the Boards were not nearly strict enough in
+bringing offending licence-holders to book.
+
+The Act of 1883 was not sufficiently drastic to satisfy the temperance
+party; and last year Mr. Seddon, the Liberal Premier, brought before the
+Legislature and carried a liquor law which he said would meet with the
+approval of all parties. The measure is called "An Act to give the people
+greater control over the granting and refusing of licences". The licensing
+authority is still left in the hands of locally elected bodies: though no
+member of any such body can be disqualified from sitting or acting
+because he has at any time expressed his views or given any pledge as to
+the liquor traffic. The whole of the colony is now divided into sixty
+districts, and each of these has its own Board, consisting of the resident
+magistrate, and eight other residents in the district. Any elector living
+in a district shall be qualified to become a candidate for election to the
+Board there, unless he is a paid colonial or local official, or is
+directly or indirectly pecuniarily interested in the liquor traffic. When,
+once in three years, the licensing committee is elected, each voter has
+submitted to him at the same time three alternatives: and he must scratch
+out two of these, thus voting for the one he leaves untouched, or his
+paper will be void. The three choices are:--
+
+(1) I vote that the number of publicans' licences continue as at present.
+
+(2) I vote that the number of publicans' licences be reduced.
+
+(3) I vote that no publicans' licences be granted.
+
+No vote for a committee-man will be counted unless the elector also
+chooses one of these things at the same time as he votes for the members
+of the committee.
+
+On the result of the direct vote the committee must act. No election is
+valid unless at least one-half of the voters on the register take part in
+it. An absolute majority of the votes recorded in any district carries
+either of the first two propositions, for no alteration or for reduction;
+but the proposal for no licences at all can only be carried on a majority
+of three-fifths of those voting deciding in favour of it. If the votes for
+no licence are under three-fifths, they are added to those for reduction,
+and counted as part of such. Where the proposal for reduction is
+successful, the committee shall carry out such reduction as it may think
+fit, provided that it does not exceed one-quarter of the total number of
+public-houses. Such licences as have been endorsed for breaches of the law
+since the passing of the Act are first to be taken away, and then those
+held in respect of premises which provide little or no accommodation for
+travellers beyond the bar.
+
+The temperance party is seriously dissatisfied with this measure. "This
+Bill, I believe," said Sir Robert Stout in the House of Representatives,
+"is a Bill more in favour of the liquor traffic than if I had met the
+Licensed Victuallers' Association, and asked them to come to some
+compromise. I believe the association would have given a more reasonable
+Bill to the temperance party than this measure. That is my opinion, and I
+believe I am speaking what is correct, from what I have heard." The chief
+objections of the local optionists are to the clauses that provide for a
+three-fifths majority for prohibition, and for a 50 per cent. poll before
+an election is valid; they also say that the licensing areas are too
+large, and that the Act practically gives the publicans three years'
+licences. At the parliamentary elections that took place since the measure
+was passed, the question of a bare majority sufficing to carry the
+proposal for no licences has been made a test one everywhere; and the
+teetotalers, aided by the women's vote, have carried their point in so
+many places that there seems every prospect of the law being altered in
+this respect almost immediately.
+
+The first licensing election under the new Act took place at the end of
+March, 1894. A fresh and somewhat disturbing factor was introduced in it
+by the voting power of the newly enfranchised women. The women were (as
+they had been in the parliamentary elections) by an overwhelming majority
+in favour of either no licences or reduction, usually the former.
+Sometimes they allowed their zeal to slightly outrun the bounds of
+womanliness. Thus, at one meeting at Christchurch, called by the leading
+clergy for the consideration of the question, they took possession of the
+hall, voted down the proposals for reduction, and refused to listen to the
+speakers. The chairman would not allow them to put their amendment for no
+licence, so they would not let the meeting continue. They were as rowdy
+(if reports in various local papers can be trusted) as an excited meeting
+at a fiercely contested election in England. Finally they determined to
+there and then convert one of their leading opponents. "Pastor Birch,"
+reports the _Christchurch Weekly Press_, "says that when he came out of a
+meeting the ladies were hatching a conspiracy against him. They intended,
+when he left the meeting, to surround him in the middle of the road. A
+compact ring of female enthusiasts was to be formed round him, and, when
+they had him fairly wedged in, they intended to kneel down and pray for
+him. The worthy pastor, it appears, declined this delicate attention, but
+was at a loss how to escape. Ultimately, I believe, he hit on the device
+of leaving the hall supported on one side by his lordship the bishop, and
+on the other by Father Bell. This saved him, the women found it impossible
+to surround Pastor Birch without including his companions, and so let him
+escape."
+
+Full reports of the results have not yet reached England, but sufficient
+is known to make it certain that the temperance party has gained a great
+victory. Had it not been for the three-fifths clause, the greater part of
+the country would have gone under prohibition. At the time the last mail
+left New Zealand, the results were known in twenty-six out of the sixty
+licensing divisions; and the total votes there showed that 23,752 were for
+prohibition, 9467 for reduction, and 16,862 for no alteration. At
+Wellington, where the contest excited great interest, and was looked upon
+as a fair test for the whole colony, the results were: for prohibition
+3397, for reduction 1283, for no alteration 3581. In only one place was
+the necessary majority obtained for no licences, and in another place the
+people have decided for no bottle licences. There were quite a number of
+districts where the prohibitionists were only a few dozen short of the
+required majority.
+
+The results have amply borne out the objection to its being necessary for
+50 per cent. of the electors to vote before the election is valid. In
+several places the publicans gave orders for their supporters to abstain
+from voting, and thus prevented public opinion being tested. At Auckland
+the temperance people made no attempt to prohibit or reduce, for they knew
+that it would be hopeless to think of securing a sufficient poll by
+themselves. The _New Zealand Herald_ (28th March, 1894) says: "We think it
+will be found, when the whole of the returns come to hand, that in more
+than half the districts the whole proceedings are void, because half the
+names on the roll did not vote. The law may be defeated because one party
+may, previous to the elections, place a crowd of names on the roll, either
+merely bogus names, or the names of persons whom they know will not take
+the trouble to go to the poll. And as the matter stands, the ballot is
+practically defeated in many instances. Where there are no candidates to
+be voted for those acting in the interest of the hotels know, when they
+see a man going to the polling booth, that he is going to vote either for
+reduction or prohibition, and they appeal to him: 'You are surely not
+going to give a vote against us?'"
+
+From what seems to be a mistaken policy, the advanced temperance party
+refused to take any part in the choice of committee-men; consequently,
+while nearly every place has chosen reduction, the amount of reduction
+will now be decided by men elected largely by the liquor interest. It is
+hard to see what benefits the prohibitionists hope to obtain from this
+course, unless, as many aver, they want the public-houses made as
+disreputable as possible, so that the people will be more eager to get rid
+of them.
+
+The opinion of various classes in the colony as to the outcome of the
+election can, perhaps, be best seen by extracts from their own journals.
+The _Lyttelton Times_ (anti-prohibitionist) says: "The first really
+genuine local option poll has shown the people to be determined upon
+further reducing the number of licensed houses. The polling, which was
+everywhere conducted with the most perfect decorum and good feeling, has
+served several useful purposes. It has demonstrated the strength, and
+weakness, of the prohibition party; it has elicited a very decided
+expression of public opinion that the existing number of licences is in
+excess of public requirements; it has shown that the people can be safely
+trusted with full executive and judicial powers in a manner affecting
+their interests; and it has, we hope, settled the vexed licensing question
+for three years to come."
+
+The (Wellington) _New Zealand Times_ says: "The present interest centres
+in the large prohibition vote. The weight of that vote is a surprise and a
+warning. Few were prepared for it, but most people frankly confessed their
+inability to gauge the new power. Now that this power has declared itself,
+few will be prepared to deny that prohibition has come appreciably nearer
+than a year ago any one thought it would come in this generation.... The
+decided prohibitionist leaning of the body of electors is a warning that
+nothing but strict regulation, worthy of the name, will serve to stem the
+advancing tide."
+
+On the other hand, the _Otago Witness_, although a strongly temperance
+paper, is inclined to explain away the prohibitionist vote. "Numbers of
+temperance people, properly so called, are working with prohibitionists,"
+it says. "They say to themselves, 'Whatever results may be obtained from
+this agitation of the prohibitionists, they are sure to fall so far short
+of their aim that by helping them we can accomplish our own'.... We may
+yet find the bulk of the people advocating prohibition, not because it
+will prohibit, but because it will restrict."
+
+The _Manawatu Daily Standard_ considers: "If the present state of the
+public mind be any criterion, the day would seem to be dawning when
+prohibition will come upon us; but the feelings of many would revolt
+against such a revolutionary procedure being entered upon at the present
+time".
+
+The _Christchurch Press_ says: "The polling was nowhere so heavy as we
+were led to suppose by a great many enthusiasts it would be.... A great
+many abstentions may be accounted for by the fact that those whose desire
+was for a reduction felt pretty confident that with the votes of the no
+licence people it would be carried, and consequently they did not take the
+trouble to vote.... The great lesson which we learn from these elections
+as to the feeling of the public of New Zealand on this licensing question
+is that a vast majority are not prepared to go to the extreme length of
+closing all the houses, but that a great majority do desire that there
+shall be a reduction of something like 25 per cent.; and that those which
+remain must be made to understand that they retain their licences only on
+condition that their houses are well conducted in all respects--that is to
+say, that they only sell good liquor to sober people within legal hours."
+
+
+
+
+CHAPTER III.
+
+LICENSING IN AUSTRALIA.
+
+
+A year or two ago Mr. David Christie Murray stirred up the wrath of the
+Australians by charging them, in effect, with being the most drunken
+people under the sun. This statement, like most other sweeping
+denunciations, requires to be taken with a considerable amount of reserve;
+but it certainly is true that our Antipodean cousins are, to judge from
+the evidence afforded by their revenue returns, afflicted with a chronic
+and incurable thirst. The average consumption of proof alcohol in several
+of the colonies is almost as great as in England.
+
+The liquor laws of Australia are now in much the same condition as many
+are striving to make ours at home. Local option is in force over the
+greater part of the continent. Sunday closing is generally compulsory, and
+the licensed victualler is bound by many restrictions unknown to his
+brother here. As each colony is entirely independent of the others, their
+laws differ, and must be described separately. For the purposes of this
+volume it will be sufficient to deal with Victoria, New South Wales and
+Queensland, as the laws of the remaining Australian colonies present no
+particular features which call for comment.
+
+_Victoria._--In Victoria, in spite of the fact that the control of the
+liquor traffic is almost wholly in the hands of the people themselves, the
+annual consumption of drink costs nearly L6 per head. This, however, is a
+mere trifle to what it once was, for during the gold rush in the fifties
+the cost was nearly L30 a head yearly for every man, woman, and child in
+the colony. It is misleading, however, to compare the expenditure in
+England and Victoria, and judge the amount consumed by it; for in the
+Antipodes things generally are much dearer, and money is cheaper than at
+home. The Victorians consume about 12 per cent. more spirits, between four
+and five times as much wine, and not much more than half the beer, per
+head of population, than we do.
+
+From the time when Victoria separated from New South Wales down to 1876, a
+decidedly retrograde policy was adopted; licence fees were reduced,
+grocers' licences introduced, and beer shops legalised. But in the
+last-named year the liquor laws were amended by a measure giving limited
+local control over the traffic; and in 1882 a further Act was passed by
+which the local powers were considerably increased. Under the present law
+one-fifth of the electorate in any district can petition the Governor in
+Council to hold an election to settle the number of public-houses to be
+permitted there, and he is then obliged to cause a popular vote to be
+taken on the question. Each elector states on a ballot paper how many
+hotels he wishes to be licensed, and the number named by him must be the
+number then existing, the statutory number, or some number between. The
+statutory number has been fixed at one for every 250 inhabitants up to the
+first thousand, and one for every full 500 beyond. Where the number is
+greater than this it can be reduced by a poll to that limit; where it is
+less, it can be raised in a similar way up to it. But in no case can the
+number be reduced below or increased above the statutory limit.
+
+In arriving at the decision of the electors, if a majority vote for any
+particular number then that number is carried. Where, however, the votes
+are so scattered that no particular number commands a majority over all
+the others the following plan is adopted. "Suppose a district with 48
+hotels, and 12 as the statutory number. Suppose, further, that 600 votes
+be recorded, of which 250 are for 48, 200 for 12, 20 for 13, 20 for 14, 20
+for 15, 20 for 16, and 21 for 17. The votes given for the higher numbers
+would be added to those given for 12 until they made a majority of votes
+recorded. In this case by the time the number 17 is reached, there would
+be a total of 301 votes, making a majority of the 600, and the
+determination would be that the hotels be reduced to 17."[7]
+
+Where the electors decide in favour of a reduction, a licensing court sits
+and decides what houses are to be closed. The licensing inspector has to
+summon all the hotel-keepers before the court, and the court selects the
+houses which are worst conducted, or which provide least accommodation, as
+the ones to lose their licences. The houses which are thus closed are
+given a monetary compensation on account of the annual value of the
+premises being lowered: the exact amount of the compensation is fixed by
+two arbitrators, appointed one by the owner and another by the minister.
+In case these cannot agree a county court judge or police magistrate is
+nominated by them as umpire. The whole of the compensation money is raised
+from the "trade" itself, by means of increased licensing fees and
+penalties for breaches of the liquor law. If these amounts are not
+sufficient, a special tax is imposed on liquor in order to meet the
+deficiency.
+
+The amounts awarded as compensation have been, in the opinion of many,
+absurdly high. Thus at Ballarat East, where forty hotels were closed, the
+compensation awarded was, to owners, L26,126 0s. 9d.; to licensees,
+L13,855 18s. 4d. At Ballarat West, where twenty-six hotels were closed,
+the compensation came to, for owners, L12,280; for licensees, L8973. At
+Broadford the total cost of closing four places was L1220. The fact that
+compensation is paid makes many voters far less keen than they otherwise
+would be for reduction, even though the money so paid does not in any way
+cost them anything.
+
+In many parts considerable use has been made of the powers of reduction.
+Thus in fourteen local option polls that took place in twelve months the
+people decided either for reduction or against increase, according as the
+purpose for which the poll was taken. The Victorian licensing laws have
+certainly prevented any considerable increase of hotels, though they have
+had but little effect in reducing the drink traffic itself.
+
+The following communication from Mr. John Vale, secretary of the Victorian
+Alliance, shows how temperance men regard the present law. "The local
+option law of the colony," he writes, "first came into force in 1886; some
+polls were then taken, but for the most part were rendered void by the
+condition that one-third of the electors must record their votes in order
+to constitute a poll. The publican party adopted the policy of not voting,
+and letting it be known that all who were seen entering the polling booth
+would be marked men, to be injured in every possible way. Thus, the
+secrecy of the ballot was destroyed. Only the temperance stalwarts faced
+the ordeal, and we were generally just a few short of the required number.
+In 1887 this condition was repealed, in so far as it related to the
+reduction of hotels. In the following year other polls were taken with
+success; but then, with brewery money, a process was begun known as
+'stonewalling' in the law courts. The publicans would appeal on some
+technical point. Being defeated on that they raised another point; and so
+on, until after a time they hit upon one which had something in it, or the
+Government got tired of the process. As a result most of the victories of
+1888 were made of non-effect. We then secured a provision doing away with
+the power of appeal in connection with local option polls. Since then,
+victories have been secured in a number of important centres, and the
+condemned hotels have been or are now being closed. The Victorian
+Alliance, however, has come to the determination to promote no more polls
+under the present law. It is believed that polls for prohibition could be
+carried with no more effort than is required to win victories for
+reduction. The antagonism to compensation has grown with experience. And
+in certain cases the licensing courts have used the power which they
+possess to issue colonial wine licences for public-houses closed by the
+popular vote, and in respect of which compensation had been paid. Wine
+shops are generally the worst class of drink shops; so that the last state
+of these houses has become worse than the first: for these, and other
+reasons, the above-mentioned resolution has been adopted.
+
+"In future we shall concentrate our efforts on securing the direct veto
+without compensation. To this end we are about to secure the introduction
+of a Bill in Parliament. It will provide for a vote in each electoral
+district in conjunction with a general election, which takes place at
+least every three years, on the simple issue of prohibition. Each
+electoral district to decide the matter for itself. The prohibition would
+apply to the manufacture as well as the sale of intoxicants. A distinctive
+feature of the Bill is that it will provide for all women voting upon this
+question equally with all men. It, of course, provides for the repeal of
+compensation."
+
+_Queensland._--Queensland has the most simple and thorough-going Local
+Option Act of any of the southern colonies. By this Act, which was carried
+in 1885, one-sixth of the electors in a place can cause a direct vote to
+be taken on one or all of three propositions: (1) that the sale of
+intoxicating liquors shall be prohibited; (2) that the number of licences
+shall be reduced to a certain number, not being less than two-thirds of
+the existing number; (3) that no new licences shall be granted. The Act
+requires a two-thirds majority to carry the first proposition, but the
+second and third are carried by a simple majority. In over eighty per
+cent. of the elections held for the purpose of voting new licences, the
+temperance party has won. Very few attempts have been made to secure
+prohibition, and none of them have been successful: in a few cases,
+however, the people have decided in favour of reduction. The experience of
+Queensland seems to point to the conclusion that in a community where
+prohibitionists are not very strong (as in England) a provision giving the
+people power of preventing the issuance of new licences will do more good
+than placing in their hands the option of prohibition which they will not
+use.
+
+In Queensland children under fourteen may not be served with liquor even
+to take away, and persons under eighteen may not be served for consumption
+on the premises.
+
+_New South Wales._--The present liquor law of New South Wales was carried
+by Sir Henry Parkes in 1881, and came into force at the beginning of 1882.
+The power of granting licences is placed in the hands of stipendiary
+magistrates specially appointed by the Government, and several
+restrictions are placed around the trade. The people are given a limited
+local option as to whether they will have new licensed houses or not.
+Polls take place on this question once every three years, at the same time
+as the municipal elections. The popular veto only applies to small houses
+however, and hotels with over twenty rooms can be licensed whether the
+people wish it or not.
+
+There has been a strong movement throughout the colony for a more complete
+measure of local option, and several times within the last few years it
+has seemed as though this would be carried. The one difficulty in the way
+is the question of compensation; and if the temperance party would only
+consent to recompensing dispossessed publicans, local option could be
+passed into law almost at once.
+
+The temperance party itself in New South Wales has recently become
+divided. One section, consisting principally of the Good Templars, has
+wearied of seeking for local option, and declares that it will accept
+nothing less than State prohibition. Many of these irreconcilables are
+loud in their declarations that the great mass of teetotalers who are
+content to work for local option are little better than enemies of the
+cause. The only outcome of this split is likely to be the delay of
+temperance legislation of any kind there.
+
+
+
+
+PART III.
+
+THE CONTINENT OF EUROPE.
+
+
+
+
+CHAPTER I.
+
+THE STATE AS DISTILLER.
+
+
+Why should the trade in intoxicants be placed under special restraints? is
+the question sometimes asked; and the querists are hardly satisfied with
+the answer that it has continually been proved necessary, by the
+experience of all civilised Governments, to place limits on every business
+that is shown to be injurious to the well-being of the people. The drink
+traffic is admittedly such; therefore it has to be dealt with in a way
+quite different from the trades of the grocer or the baker. There are
+those who would have us believe that these very restrictions promote
+intemperance; and visionaries have more than once stated that the best way
+to encourage sobriety and to restrain excess would be to make the traffic
+absolutely free. The whole theory of Government is against such an idea.
+It is an axiom of statesmanship that to check any trade by legislation is
+to injure it; and that, within certain limits, the more severe the
+restrictions imposed on it, the less likely is a trade to thrive. But for
+answer to free-trade theorists we need not appeal to axioms of
+Government. The universal experience of nations goes to show that to allow
+the free manufacture and sale of intoxicants is to use the surest means of
+promoting all manner of excess. The official returns of France, Belgium
+and Germany within the last few years, all show that free trade in drink
+in these countries has proved an utter failure; and that under it,
+poverty, insanity and crime are increasing with terrible rapidity. Another
+remarkable illustration of this is to be found in the recent experience of
+Switzerland.
+
+By article thirty-one of the Swiss Constitution of 1874 freedom of trade
+is specially guaranteed. The same year as the new Constitution was
+approved, the canton of Argovie wanted to know if this clause would
+prevent it limiting the number of drink shops in its borders. The Federal
+Council replied that "the limitation of the number of drink shops is no
+longer possible, on account of the principle of liberty of commerce and of
+industry imposed by article thirty-one of the Constitution".
+
+The result was an immediate and considerable increase in the number of
+cabarets in nearly every canton. From 1870 to 1880 the total of these
+establishments was raised by 22 per cent., and in Geneva there was a wine
+shop for every 70 people, the average for the whole country being one
+drink shop for every 130 inhabitants. The effects of this on the condition
+of the people were immediately apparent. The French have a saying "to
+smoke and to drink like a Swiss, and to get tipsy like a Pole"; but now
+the Swiss, never the most temperate nation, showed signs of rapid
+deterioration through intemperance. At the recruitment of 1880 the Medical
+Commission reported that the number of young men found fit for military
+service was from 5 to 25 per cent. less than in 1873, and in some parts
+the number of men fit for service was as low as 21.2 per cent. The
+Principal Medical Officer declared that the physical degeneration of the
+candidates was due to the evil effects of spirit drinking and drunkenness.
+The director of the Central Bureau of Charity stated that 80 per cent. of
+the applications of mothers and children for relief were brought about by
+the tippling of the father of the family. Sociologists pointed out that
+the nation was rapidly being destroyed by this one curse; and in order to
+obtain fuller details the Federal Assembly requested the Federal Council
+to make an inquiry into the matter. The report of the latter body, when
+issued, more than bore out the gloomy prognostications of the alarmists.
+From 1877 to 1881, 3285 patients were admitted to the public lunatic
+asylums, and of these 923 were brought there by alcoholism. There were 254
+deaths annually directly caused by excessive drinking. Out of 2560
+prisoners in cantonal penitentiaries, 1030 were found to be drunkards; and
+in eight reformatories 50 per cent. of the boys and 45 per cent. of the
+girls were found to be the children of parents one or both of whom were
+given to intoxication. In Switzerland there are a larger proportion of
+suicides than in any other civilised country, and the Commission found
+that this was caused mainly by alcoholism. The Federal Council attributed
+the state of affairs to two reasons: (1) to the change in the economic
+condition of Switzerland owing to the introduction of railways; (2) partly
+to the fact that wine had become costly and inaccessible to the workmen,
+while at the same time spirits had become cheaper. Brandy was not only
+imported in great quantities from Germany, but was also manufactured on a
+large scale in industrial and domestic distilleries in Switzerland. The
+product of these small distilleries was specially dangerous, not only
+because of the alcohol it contained, but because of the crude and
+imperfect state of most of it. There was said to be between five and ten
+thousand domestic distilleries in the canton of Berne alone. To these
+causes, rather than to the increase of the shops for the sale of liquor,
+the Council attributed the increased alcoholism; but the popular opinion
+was against it on this point, and power was almost immediately afterwards
+given to the cantons to limit the number of public-houses. The chief
+recommendation of the Council was that steps should be taken to cheapen
+the price of beer and wine and to make spirits dearer.
+
+In order to accomplish this latter aim the Government caused a popular
+vote to be taken on the question whether the Constitution should be so
+altered as to permit the traffic in intoxicants to be subject to control.
+There was a two-thirds majority in favour of control, and soon afterwards
+a scheme was formulated for making the manufacture of spirits entirely a
+State monopoly. This plan was started partly in the hope of checking
+drunkenness and providing the people with pure drink; but undoubtedly a
+cause that was very largely responsible for its initiation was the hope of
+securing an abundant revenue.
+
+Has the monopoly law been a success? Financially, yes; so far as ensuring
+the purity of the spirits sold, also yes; but for checking the consumption
+of strong drink it has been almost if not quite a failure. In saying this
+I am well aware that I express an opinion different from that of nearly
+every English writer on the subject, official and otherwise. Some at least
+of the data on which English writers have founded favourable opinions is
+partly unreliable and partly misleading. Thus in the (English) Foreign
+Office Report on Switzerland (No. 939) it was stated that the consumption
+of spirits in 1885, before the passing of the measure, amounted to 10.26
+litres per head, and that this has been reduced by the monopoly to a
+little over 6 litres. Now it is impossible to say exactly what was the
+average consumption in 1885; but the monopoly itself, in its official
+returns, places the amount drunk per head that year, not at 10.26 litres,
+but at 7.25. The difference is enormous, and it must be remembered that it
+is rather to the interest of the monopoly to overstate than to understate
+the quantity drunk before it took over control. Moreover, from the figures
+for 1885 a by no means negligable amount must be deducted for that which,
+though reckoned in the Swiss drink bill, was not consumed there but was
+smuggled to neighbouring countries.
+
+For the first year there was a great decrease. The total spirit drinking,
+including that illegally obtained, was officially estimated at 5.50 litres
+per head, or less by one-quarter than in 1885. This was due principally to
+the rise in price of brandy. But since that year the total spirit bill has
+been steadily increasing. In 1890 it was 6.27 litres a head, in 1891, 6.32
+litres, and in 1892 (the last year for which returns are available), 6.39
+litres. These figures include only the amount sold through the monopoly.
+To them must be added three unknown quantities,--first, the spirits made
+by the people at their own homes from fruit; secondly, a proportion of the
+amount sold by the monopoly for use in manufactures, etc., and mixed with
+special preparations to render it undrinkable, which is admittedly often
+so doctored by people of depraved tastes as to be made potable again; and,
+thirdly, the amount smuggled. Formerly, as was said, Swiss spirits used to
+be smuggled into neighbouring countries; but now, owing to the rise in
+prices through the monopoly, drink from other countries is smuggled into
+Switzerland.
+
+Those who claim for the State distilleries that they are potent forces in
+reducing the traffic in distilled liquors seem to mistake altogether their
+methods of working. The check to drunkenness has been produced, not by the
+State manufacturing drink, but by the prohibition of home manufacture and
+the increase in the price of spirits. It is no longer possible now for
+the peasant woman to manufacture her fiery draught from potatoes, and to
+feed her little one on it in place of milk. The distilleries are not
+managed so as to check drinking (for with that they have nothing to do),
+but to supply the dealers with pure liquors. In fact, it is to be expected
+that people who can afford it will now drink more spirits than they once
+would. Before the monopoly, much of the brandy was crude, of bad quality,
+and most injurious. Now it is purified and excellent; and, while I cannot
+claim to be an authority on this point myself, I am informed by persons
+who do drink that they can consume much more of properly prepared spirits
+than they can of those that contain any quantity of fusel oil and other
+harmful substances.
+
+There were 1400 distilleries (besides the domestic stills) at the time the
+new plan was started; but these were all closed, with the exception of
+about three, compensation being paid to the owners. The establishments
+permitted to continue business are compelled to sell all their raw spirit
+to the Regie at a fixed rate; and in order to protect home trade the Regie
+is obliged to buy at least one-fourth of its spirits from native
+producers. No spirits can be imported by private individuals from foreign
+countries, except under strict conditions, and after a special tax has
+been paid on them. The monopoly minutely examines all liquor purchased by
+it; its purity is carefully ascertained, and then it is resold to retail
+dealers, either in the form of raw spirit or refined and prepared with a
+bouquet to suit the public taste. The prices fixed by the Regie are by no
+means high, but they are a decided increase on what were formerly charged.
+With this system of regulating the supply of spirits another was adopted
+at the same time of encouraging the consumption of beer and wine. The
+taxes on these drinks were remitted, and their sale made as free as
+possible from restriction. It was hoped that this would cause the people
+to use lighter drinks more; and though it has made little difference to
+the wine trade, it has greatly helped to increase the popularity of beer.
+
+Turning to the financial side of the business, the figures are almost
+enough to make any Chancellor of the Exchequer whose Budget shows a
+balance on the wrong side, become his own distiller. From June, 1887 (when
+the monopoly was started), till the end of 1888, the income was L492,944,
+the expenditure L294,631, and the profit remaining L198,313. In 1890 the
+income had reached L575,461, while the expenditure was L308,976, and the
+profit L266,485. For 1892 there was a still further all-round increase.
+The income was L591,470, the expenditure L360,321, and the profit
+L271,149. A portion of the profits has to be put on one side each year to
+repay the preliminary outlay of purchasing plant and compensating the old
+distillers. This cost L236,000, and it will be all paid off by 1898. A
+further sum has for a few years to be paid to several cantons in place of
+former revenues stopped by the creation of the monopoly; and what remains
+is used for public purposes. Although the Regie is entirely under the
+control of the Federal Government, the latter does not take any of these
+profits, but they are distributed among the cantons in proportion to their
+population, and used by them as ordinary cantonal revenue.
+
+One curious provision in the monopoly law is the stipulation that each
+canton shall devote one-tenth of the alcohol revenue for the purpose of
+promoting temperance. This vague provision has been interpreted by
+different bodies in various ways. In some parts the money is used for the
+relief of the poor, the maintenance of lunatic asylums, and the like; but
+there is growing up a strong conviction that it ought to be expended in
+more strictly temperance work, such as the financing of temperance
+societies, the cure and care of drunkards, and the instruction of children
+in the physiological effects of alcohol. By "temperance" the Swiss do not
+mean teetotalism, for total abstinence societies are almost unknown among
+them, the only one of any size being that of La Croix Bleue, which numbers
+some 4107 members and 2683 adherents.
+
+The monopoly is in many ways useful; and, if people must drink spirits,
+there seems no reason why the State should not profit from their folly by
+itself securing the immense gain that accrues to the manufacturer. But it
+is a misnomer to call it a temperance agency; for it is no such thing. If
+Switzerland is ever to shake off the curse of intemperance which is still
+on it, its people must take some more active steps against it. Many of
+them are already realising this; and total abstinence societies, such as
+that of La Croix Bleue, are gradually spreading among its more thoughtful
+people. Strange to say, the first advocates of total abstinence in
+Switzerland were not so much the moral reformers who have adopted this as
+their own in other lands, as scientific men, who were led by their
+investigations to a firm conviction of the harmfulness and uselessness of
+alcohol. Religious and social reformers are now taking it up; but they are
+as yet a very small band, and they will need to do much before their cause
+makes much progress in Helvetia.
+
+
+
+
+CHAPTER II.
+
+THE GOTHENBURG SYSTEM.
+
+
+The Scandinavian licensing system has, during the last few years, received
+considerable attention from reformers in many lands; and rightly so.
+Whatever may be its faults, there is probably no other plan of liquor
+legislation of which it can be said that it has, in a comparatively short
+time, reduced the traffic in spirits by about three-quarters, without
+seriously discommoding the moderate drinkers, and without creating any
+illegal trade worth mentioning. There seems every likelihood that the
+system will, in a few years, spread far beyond the land of its inception.
+It satisfies the demand for increased State control, promises abundant
+revenue, and yet discourages the sale of liquor. A small body of public
+men in England are eager to have it adopted here; and acute observers in
+America declare that (provided no clauses in the State Constitutions are
+held to render it unlawful) it is almost certain to be tried there before
+long. A Bill has already been brought before the Massachusetts Legislature
+for the purpose of permitting such a trial, and has met with the approval
+of a considerable section of the people.
+
+Less than half a century ago, Sweden was the most drunken civilised
+country in the world. Its laws permitted almost free trade in the
+manufacture and sale of spirits, and even the poorest peasants could
+obtain as much brandy as they wanted. All the horrors that ever follow
+habitual intemperance were to be seen throughout the land. The poverty of
+the people was great; social and moral degradation were prevalent;
+insanity and crime were dangerously on the increase; and there was a
+general air of hopeless desolation over the country. The average
+consumption of spirits has been variously estimated at from a little under
+six to ten gallons per head yearly; and the stuff, being
+home-manufactured, was of the crudest and most injurious quality.
+
+Patriotic Swedes soon began to look about for a remedy for the national
+curse. Dr. Weiselgren commenced a crusade against spirit-drinking with
+most remarkable results; and before long a hundred thousand persons had
+enlisted themselves under his banner in a league voluntarily abstaining
+from spirits. A still more general movement shortly afterwards took place,
+when people from all parts of the country petitioned Parliament to take
+some steps to check intemperance. In response, a law was passed in 1855
+abolishing domestic and small stills, and giving rural localities the
+control of the traffic, and the option of either having drink shops, or
+sweeping them away altogether. Where it was decided to still permit the
+sale of drink, the local authorities were authorised to limit the hours of
+sale, and the number of public-houses.
+
+The people at once made considerable use of their newly acquired powers.
+There had been over 33,000 distilleries in 1853; the same year as the Act
+passed they were reduced to between 3000 and 4000. The greater number of
+country districts elected to go under complete prohibition; and whereas
+formerly spirits could be bought in nearly every peasant's house, there
+were now in the country districts less than 600 retail licences. The
+wholesale trade was not dealt with by the law.
+
+There were no two opinions as to the beneficial effects of the new measure
+in the country; but it was found that the towns did not share equally in
+these benefits. It had been considered inadvisable to extend the option of
+prohibition to towns, and before long the great mass of public-houses
+became centred in urban districts. In 1856, though the towns contained
+only twelve per cent. of the people, three-quarters of the total
+public-houses were to be found in them, and eight townsmen were convicted
+of drunkenness to every one countryman.
+
+The knowledge of these facts stirred the authorities up to see if nothing
+more could be done. In 1865 the Municipal Council of Gothenburg appointed
+a committee to inquire into the causes of pauperism. The committee
+reported that, "The worst enemy of the morals and well-being of the
+working classes in this community is brandy. Yet it is not the
+intoxicating liquor only and its moderate consumption which cause
+demoralisation and poverty; it is the disorder, evil example, temptations,
+and opportunities for every kind of iniquity with which public-house life
+abounds, that contribute mainly to this unhappy state of things. Neither
+local enactments nor police surveillance can do much so long as
+public-houses are in the hands of private individuals, who find their
+profit in encouraging intemperance, without regard for age or youth, rich
+or poor."[8] The committee recommended that the trade should be taken out
+of the control of the publicans, and managed by a company for the good of
+the community. A philanthropic company was formed, in consequence of this
+report, by a score of the leading inhabitants of the place, for the
+purpose of taking over the trade. It was specially stipulated that neither
+shareholders nor managers should be pecuniarily interested in pushing the
+sales, and the company was to receive no profits except 6 per cent. on the
+paid-up capital, all receipts beyond this going to the town treasury. The
+amount of paid-up capital required has been under L7000.
+
+The company commenced its work on 1st October, 1865; and the way it has
+since fulfilled its obligations is worthy of the highest praise. It has
+shown an honest desire to carry out the sale of spirits in such a way as,
+while meeting the legitimate wants of the moderate drinkers, shall
+discourage excess in every possible way. It has consistently attempted to
+restrict rather than to encourage the trade in liquor. The magistrates
+have granted it sixty-one licences, but of these it only uses nineteen
+(although the population of the place is considerably over a hundred
+thousand) and allows the remainder to lie in abeyance. The law permits
+public-houses to be open till 10 at night, but the company closes its
+establishments at from 7:30 to 9 o'clock, according to the season of the
+year. It has opened five coffee-houses and reading-rooms, where no spirits
+are sold, and four eating-houses, where none are obtainable except the
+customary dram at meals. Generally it has shown a wise and patriotic
+disregard of that policy which would sacrifice everything for a favourable
+balance sheet.
+
+Each public-house is placed under the charge of a manager, who is
+expressly ordered not to encourage drinking in any way, and is warned that
+if he does so he will be dismissed. The company at first employed several
+of the old licensed victuallers and barmen; but before long it had to get
+rid of all of them, for they were so accustomed to encouraging tippling
+among their customers that they could not understand a system which
+forbade their doing it. The managers derive no direct or indirect profits
+from the sale of spirits beyond their stated salaries; and they have
+directions not to supply strong drink to young people, to those who show
+any signs of intoxication, or to those who require several drams in
+succession, or who pay repeated visits to the public-houses at short
+intervals for the purpose of drinking. They are not allowed to give any
+credit for liquor. Besides selling drink, each house has to keep a supply
+of good hot and cold food, temperance drinks, cigars, and the like.
+Inspectors are appointed whose sole duty is to see that the managers
+conduct the trade properly.
+
+The four eating-houses at which spirits are sold only with meals are
+large, well conducted, and very popular. They cater almost exclusively for
+working men, and sell food at rates which put to shame even our own
+Lockharts and Pearces. A dinner of a large slice of pork, a sausage, four
+potatoes and gravy, costs under twopence halfpenny. When these houses were
+first opened nearly every customer took a dram with his meals, but now not
+more than half of them do so. The eating-houses do not quite pay their
+way, but are run at a loss of a little over L200 a year. The company
+regards the money as well spent, for the places have a most beneficial
+effect in promoting temperance. The five free reading-rooms maintained by
+the company, in which no intoxicants (except small beer) are sold, cost
+between L600 and L700 a year to maintain. They are well supplied with
+papers and books, and visitors can obtain light refreshments of various
+kinds.
+
+In considering the effects of the Gothenburg system on the lives of the
+people, these two things must be borne in mind: First, the system only
+touches the trade in spirits, and has nothing to do with the sale of beer.
+This latter is almost free, and has been rather encouraged by the
+authorities than otherwise, under the mistaken notion that it would lessen
+the demand for stronger drink. Of wine and beer shops, licensed for
+consumption on the premises, there are 128, besides an unlimited number
+for consumption off the premises, requiring no licences. A large amount of
+the drunkenness in Gothenburg is caused by these beer shops. The police
+there ascertain, when a person is arrested for drunkenness, where he
+obtained his liquor; and from their returns it can be seen that the
+intoxication produced by beer is steadily increasing. In 1875 the number
+of persons arrested who drank last at beer saloons was 130; by 1885 the
+number had increased to 483; and in 1889 the number was 753.
+
+A second important consideration in estimating the results of the system
+is the fact that even the whole trade in spirits is not in the hands of
+the company. There are seventeen restaurants, licensed by permission of
+the company, and managed by private individuals, which sell intoxicants.
+There are also five public-houses whose owners have the ancient right of
+carrying on the business, and with whom the company cannot interfere. Last
+of all, there are twenty-three wine merchants, who take out expensive
+licences from the company, for the sale of spirits off the premises.
+
+Whatever deductions are drawn from the condition of the town as to the
+results of the system, considerable allowance must be made for the fact
+that the whole of the liquor traffic is not conducted by the company.
+Perhaps the most outstanding evidence in favour of the system is this,
+that, not only are the people of the place well satisfied with it, but
+seventy-six other towns in Sweden have been led by it to adopt the same
+plan, and only thirteen places still retain the old method of selling the
+licences to private bidders. In Norway, too, the spirit trade is now
+conducted in nearly every town in substantially a similar way.
+
+In discussing the effects of any liquor law it is never an easy task to
+decide how far social changes or effects are the cause of it, or how far
+they are due to other and entirely different economic causes. Immediately
+after the establishment of the company there was a great decrease in the
+consumption of drink and its attendant evils in Gothenburg; but this was
+due quite as much to the depression of trade as to anything else.
+Afterwards there was an increase of drinking, for trade greatly improved.
+It would be inaccurate either to wholly lay the cause of the decrease to
+the credit of the company or to blame it for the increase.
+
+The following returns show the amount of drunkenness in Gothenburg during
+a few selected years:--
+
+                        Arrests for Drunkenness.
+  Year.   Population.     Total.    Percentage.
+  1855      44,804         3431        13.8
+  1865      45,750         2070         4.5
+  1875      59,986         2490         4.2
+  1885      84,450         2475         2.9
+  1891     104,215         4624         4.4
+  1892     106,356         4563         4.3
+
+It is not possible to give any reliable returns as to the amount of
+spirits consumed in Gothenburg. The sales of the company only represent
+part of the total quantity sold in the place, and all that the company
+sells is not consumed there. Much of it is bought by country people, who
+take it back with them to their own homes. The returns of the company show
+a fairly steady decrease. Thus in 1874-5 the total sales amounted to 29
+quarts per head; in 1884-5, 19.1 quarts; and in 1891-2, only 14.3 quarts.
+
+Financially, the company has from the first been a great success. It need
+not have ever called up a penny of its capital, had not the law required
+this to be done; and every year it has been able to hand over a very large
+surplus to the town, to be used for public purposes. In 1892 (the last
+year for which, at the time of writing, returns are available) the amounts
+paid to the city treasury were: (1) fixed fee for bar trade and retail
+licences, L15,632; (2) surplus profits, after paying all expenses,
+L21,868, or a total of L37,500. This amounted to the equivalent of over
+7s. a head for every man, woman and child in the place. Formerly the city
+retained the whole of the surplus profits for its own benefit; but this
+created considerable dissatisfaction, and at last an alteration was made
+by which the municipality now only receives seven-tenths, the national
+treasury appropriating two-tenths, and the remaining tenth going to the
+country districts.
+
+In Gothenburg the whole of the amount received by the municipality goes
+for the relief of local taxation. This has been felt by many to embody a
+dangerous principle, as giving the city authorities a direct interest in
+the encouragement of drinking. To avoid this, the plan has been adopted in
+Norway of devoting the surplus, not to relieving the rates, but to helping
+charitable and philanthropic non-rate-aided enterprises.
+
+The most notable example of the Norwegian plan is the town of Bergen. A
+liquor company was formed here in 1876, at the suggestion of the local
+magistracy, and it commenced business at the beginning of 1877. Not only
+is the distribution of profits here different, but the management of the
+houses varies too. In Gothenburg the aim has been to make the dram shops
+comfortable and attractive; in Bergen, on the contrary, the aim has
+apparently been to render them as uncomfortable and as repulsive as
+possible. Each house consists solely of a bar for the sale of liquor;
+nothing but liquor is sold, and when a person has consumed what he ordered
+he must go. No seats are provided, and customers are forbidden to loiter
+about the premises. This sternly repressive policy does not seem to have
+had a remarkable effect on the consumption of spirits; for whereas in 1877
+the average sales per head came to 7.1 quarts, they were only reduced to
+6.1 quarts in 1891; and this notwithstanding the fact that the average
+consumption for the whole of the country had been reduced in the same time
+from 6.3 quarts to 3.3 quarts. The number of arrests for drunkenness in
+Bergen in 1877 and 1891 was about the same; but a largely increased
+population in the latter year makes this show that the proportionate
+intoxication was really less. From the time of its commencement up to
+1890, the Bergen company was able to distribute L69,731 among local
+philanthropic societies, and the recipients of its bounty have included
+all kinds of works for the common weal, museums, training ships,
+hospitals, a rescue society, orphanages, a tree-planting society, a fund
+for sea baths for the poor, temperance organisations, and the like. The
+profits which would otherwise have gone to enrich a few have thus been
+scattered about doing good to the many.
+
+
+
+
+PART IV.
+
+ENGLAND.
+
+
+
+
+CHAPTER I.
+
+THE GROWTH OF THE LICENSING SYSTEM.
+
+
+The English are often said to be the most drunken among civilised nations;
+but, like many other constantly repeated statements, this is not correct.
+Denmark, Belgium and Russia certainly take the precedence of us in this
+matter; and it is an open question if alcoholism is not doing at least as
+much harm in northern and central France and Switzerland, as in the
+British Isles. The casual visitor to our lively neighbour sees but little
+open intoxication, and consequently assumes that France is a sober
+country. But those who have gone beneath the surface, and examined the
+results as recorded in the statistics of prisons and asylums, know that
+intemperance is rapidly becoming a national plague there.
+
+While we may not be the worst offenders in this respect, it is yet
+undoubted that alcoholism is the greatest source of social misery in our
+land. Theorists may quarrel among themselves as to the exact proportion of
+poverty and crime produced by intemperance; but no thinking man who is
+not altogether shut out from association with his fellows can doubt the
+awful ravages it is producing. We do not require to have it proved to us
+by figures; we only need to open our eyes and to use such brain power as
+we may possess to have the proof forced on us. Among the fashionable rich,
+among the idle women of upper middle-class families, as well as in our
+slum population, intemperance is doing a work of destruction before which
+the results of the most fatal diseases seem hardly worth notice.
+
+Most of us would gladly be optimists on this subject, if hard facts would
+only let us; but it is useless to indulge in an idle optimism, which
+suffers us to do nothing when the need of our services is greatest. It is
+accepted by many as an undeniable fact that we are steadily becoming a
+more sober people; but, unfortunately, statistics do not bear out this
+view. In some ways temperance has made great advances. Drunkenness is no
+longer looked upon as an amiable weakness, but as a serious offence
+against society and against oneself. The days of the three-bottle men are
+over, let us hope never to return; and the incessant drinking among
+friends that was common not many years ago is now little seen. Over
+one-sixth of the people have entirely abandoned the use of strong drink;
+everywhere active temperance societies are working hard to promote
+sobriety; the conditions of life have become infinitely brighter and
+easier for the great mass of wage earners; education has become universal,
+and the sale of alcohol has been placed under greater restrictions. Yet,
+notwithstanding all this, the drink trade was never so strong as it is
+to-day. Within fifty years the amount spent on liquor has almost doubled;
+though the police rarely arrest a drunken person except when outrageously
+disorderly, nearly 200,000 men and women are brought before the
+magistrates each year for intoxication;[9] and the number of deaths caused
+through inebriety cannot be estimated at a lower figure than 40,000 a
+year.
+
+The Saxon chronicles tell how Edgar the Peaceable, acting on the advice of
+Archbishop Dunstan, determined to do something to check that drunkenness
+which was, the same a thousand years ago as to-day, all too prevalent on
+this island. He reduced the number of ale houses to one in each village,
+and had pegs put in the drinking cup to mark the amount that any person
+might consume at one draught. These drinking cups held about a couple of
+quarts each; and, if tradition speaks truly, it was no uncommon thing for
+men to finish up the whole of this quantity without once taking their lips
+from the vessel. By the law of Edgar, eight pegs were placed in each cup,
+and heavy penalties were provided for any person who dared to drink
+further than from one peg to another at a time. Edgar's efforts were not
+crowned with much success. The law restricting the number of public-houses
+was not long observed; and the draught limit led, in the end, to an
+increase in the evil it was designed to check.
+
+After this attempt the trade was allowed to go on almost without
+restriction till the end of the fifteenth century; but then the evils
+caused by it became too apparent to be longer passively borne. In the year
+1494, power was given to any two justices of the peace to stop the common
+selling of ale; and fifty-eight years later, in the reign of Edward VI., a
+serious attempt was made to grapple with the trade. Parliament complained
+that "intolerable hurts and troubles to the commonwealth of this realm
+doth daily grow and increase through such abuses and disorders as are had
+and used in common ale houses or other houses called 'tippling houses';"
+and in order to check these evils it passed various laws for the
+regulation of public-houses. This act is the foundation of our present
+licensing laws, and the three main lines which it laid down for the
+limitation of the business have continued to be observed ever since. These
+are: (1) that the retail trade in intoxicants is an exceptional business,
+which the State can only permit to be carried on by duly licensed persons;
+(2) that the power of granting licences lies with the justices of the
+peace; and (3) that the magistrates have power, when they think fit, to
+take away such licences.
+
+Notwithstanding this Act, the national drunkenness showed no signs of
+decreasing; and when James I. came to the throne fresh efforts were put
+forth to check it. For many years past the inns had been steadily changing
+their character; and from being places of rest and refreshment for
+travellers they had become principally tippling houses. So a measure was
+passed "to restrain the inordinate haunting and tippling in inns".
+According to the preamble of the Act, "the ancient, true and principal use
+of inns was for the receipt and relief and lodging of wayfaring people
+travelling from place to place; and for the supply of the wants of such
+people as are not able by greater quantities to make their provision of
+victuals; and not meant for the entertainments and harbouring of lewd and
+idle people, to spend and consume their time in lewd and drunken manner".
+
+To prevent this improper use of the taverns, various stringent regulations
+were made. No resident in the district or city where any inn was situated
+was allowed to remain drinking in it unless (1) he was invited by and
+accompanied some traveller staying at the inn; (2) he was a labourer, in
+which case he would be allowed to stay at the inn for an hour at dinner
+time; (3) he was a lodger; or (4) unless he was there for some other
+urgent and necessary cause, allowed to be such by two magistrates. A
+ten-shilling fine, to go to the poor, was the punishment for breaking this
+law.
+
+Two years later, a further Act was passed for the prevention of
+drunkenness. According to the preamble, "The loathsome and odious sin of
+drunkenness is of late grown into common use, being the root and
+foundation of many other enormous sins, as bloodshed, stabbing, murder,
+fornication, adultery, and such like, to the great dishonour of God and of
+our nation, the overthrow of many good arts and manual trades, the
+disabling of divers workmen, and the general impoverishing of many good
+subjects, abusively wasting the good creatures of God". This time it was
+provided that any person found drunk should be fined five shillings, or
+confined in the stocks for six hours. In 1609 a further Act was passed
+dealing with the matter, in which it was admitted that no success had
+attended the former attempts. "Notwithstanding all laws and provisions
+already made, the inordinate vice of excessive drinking and drunkenness
+doth more and more prevail." In order to more effectually suppress it,
+heavier penalties were provided, the landlord who permitted tippling was
+to lose his licence, and less evidence was required to secure a
+conviction. Not long afterwards the penalties were again increased.
+
+It is notorious that all these measures failed to effect their purpose.
+But the country was soon to learn that difficult as it may be to promote
+sobriety by law, it is easy enough for Parliament to encourage and promote
+drunkenness. Soon after William and Mary came to the throne, the nominal
+policy of previous reigns was altered, with immediate and overwhelming
+results. Formerly almost all the spirits used in England had been imported
+from the continent, and the conditions under which their manufacture could
+be carried on at home were such as to keep the business very small. But in
+1689 Parliament changed this. The Government was in great need of money to
+meet the plots of traitors at home and carry on its campaigns abroad; and
+it was thought that a considerable revenue might be obtained by
+encouraging the home spirit trade. Accordingly, the importation of
+distilled waters from foreign countries was prohibited, and the right to
+manufacture them was thrown open to all, subject merely to the payment of
+certain excise dues. The natural consequence was that the price of spirits
+fell so greatly as to place them within the reach of all classes. Before
+long dram drinking had, to use the expression of Lecky, "spread with the
+rapidity and the virulence of an epidemic". The results of free trade in
+drink were visible all over the land. Gin shops arose in all directions in
+every large town; and in London there were, outside the city and the
+borough, over 6000 spirit dealers to a population of 700,000. In less than
+fifty years the consumption of British spirits rose sevenfold; and
+everywhere the same tale was heard of the ruin it was bringing on all
+classes. It was at this time that the gin dealers hung out signs
+announcing that customers could get drunk for a penny, dead drunk for
+twopence, and have straw to lie on for nothing. Nor was this a mere boast;
+for many of the innkeepers actually provided rooms whose floors were
+covered with straw on which the intoxicated customers could lie until they
+recovered consciousness.
+
+Such a condition of affairs could not be long permitted to continue.
+Parliament, alarmed at the results proceeding from its own action, set
+about for a remedy. As a first step, dealers in spirits were compelled to
+obtain licences, like ale house keepers; an annual charge of L20 was
+placed on the spirit licence, and the principle was introduced of having
+the licences renewed annually. But the change was made too suddenly, and
+the licence fee was too high; and this resulted in an extensive illicit
+trade springing up. In order to stop this, Parliament repealed the Act and
+passed another, forbidding the sale of spirits except in a dwelling-house,
+under a penalty of L10. That is to say, every householder was given leave
+to sell drink in his own home.
+
+The last state was worse than the first. In 1736 the magistrates of
+Middlesex petitioned Parliament, stating forcibly the terrible results
+from the state of the law. A Parliamentary Committee was appointed to
+consider the whole matter; and it reported that the low price of
+spirituous liquors was the principal inducement to their excessive use;
+and that, in order to prevent this, a duty should be placed on strong
+drink, and the right to vend it should be restricted. The same year the
+Government passed the famous Gin Act, a measure so stringent as to
+practically prohibit the sale of spirits. No person was allowed to dispose
+of them unless he had paid an annual licensing fee of L50; and the penalty
+for breaking the law was a fine of L100. A tax of twenty shillings a
+gallon was also placed on all spirits manufactured.
+
+The Gin Act came too late. The passion for spirits had become firmly
+rooted among the people, and they would not consent to have their supplies
+cut off. They rose against the officers appointed to carry out the Act,
+and in many of the larger towns there was for some time danger of
+rebellion. The legal sale of proof spirits dropped in a year to two-thirds
+of its former proportions; but an immense illicit trade was carried on,
+which far more than balanced the reduction. All the power at the back of
+the Government was not enough to obtain the enforcement of this measure,
+though the magistrates made strenuous efforts to carry it out. In two
+years 12,000 persons were convicted of breaking the law, but all the
+prisons of the country would have failed to hold a tithe of those who
+openly set it at defiance. The excise officers were held in general
+detestation, and informers or any who dared to appear in excise
+prosecutions went in danger of their lives. At last the Government had to
+give way, and in 1742 the Act was repealed.
+
+In 1828 the various Acts relating to the licensing of public-houses were
+consolidated, and the control of them was made more stringent. Two years
+later a new and most unfortunate departure was taken. With the hope of
+causing people to abandon the drinking of spirits, Parliament determined
+to encourage the sale of beer; and an Act was passed permitting any
+householder to open a beer shop on paying an excise fee of two guineas.
+The consumption of beer rose twenty-eight per cent. in consequence; but it
+was soon found that this, in place of checking the rush to spirits, aided
+it; and the increase in the spirit trade was even greater than that in
+beer. The number of houses for the sale of intoxicating liquors rose from
+88,930 to 123,396; and many old inns, that formerly had been respectably
+conducted, were now driven by the stress of competition to very doubtful
+means for the promotion of their trade. At the same time crime showed a
+great increase, and, to quote from a Report of a Committee of the House of
+Lords, "The commitments for trial in England and Wales in the years
+1848-49 were, in the proportion to those of 1830-31, the two first years
+after the enactment of the Beer Act, of 156 to 100; that this is not a
+mere casual coincidence the Committee have the strongest reasons to
+believe from the general evidence submitted to them, but more especially
+from that of the chief constables of police and the chaplains of gaols,
+who have the best opportunities, the one of watching the character of the
+beer shops and of those who frequent them, the other of tracing the causes
+of crime and the career of criminals".
+
+The Report of a Committee of the House of Commons in 1854 was still more
+emphatic. "The beer shop system," it said truly, "has proved a failure."
+
+_Off Licences._--Through legislation introduced by Mr. Gladstone early in
+the "sixties," persons are now permitted to sell spirits, wine or beer in
+bottles, for consumption off the premises, on payment of a small licence
+fee. Previous to then it was illegal for any spirit merchant to supply
+less than two gallons at a time. The new law has led to a considerable
+trade in strong drink through grocers, and it has been estimated that the
+off licence holders supply about five per cent. of spirits sold. This
+departure has been the object of very considerable opposition from both
+publicans and temperance advocates. The publicans naturally object to
+having a large part of what was their monopoly thrown open to almost free
+competition; and temperance advocates declare that the off licences are
+very largely responsible for the rapid increase of intemperance among
+women. It is said that many who would not venture to go to a public-house
+to order what they want, quietly and secretly obtain their supplies
+through the grocer, and are able to indulge at home without restraint.
+Innumerable clergymen and doctors declare that, to their personal
+knowledge, these facilities have largely promoted female intemperance. But
+in the very nature of the thing, these statements, while worthy of all
+attention, are not capable of ordinary proof. The only way they could be
+shown to be true would be by naming a large number of cases, with names
+and addresses, and submitting them for examination. Naturally neither
+clergymen nor doctors can do this; for it would be impossible for them to
+make public the secrets of persons whose inner histories they learn in
+their professional administrations. It was this that caused the failure of
+the temperance party to convince the Committee of the House of Lords, in
+1879, as to the harmfulness of the off licences. In its Report, the Lords'
+Committee made this statement about the matter:--
+
+"The question which the Committee have had to consider is, not whether
+some cases of intemperance may be traced to the purchase of spirits at
+grocers' shops, but whether any general increase of intemperance can be
+attributed to grocers' licences. After the examination of many witnesses
+on the point, and after the best inquiries they could make, the Committee
+have obtained very little direct evidence in support of this view; and the
+conclusion they have come to is, that upon the whole there have been no
+sufficient grounds shown for specially connecting intemperance with the
+retail of spirits at shops as contrasted with their retail at other
+licensed houses."
+
+_Sunday Closing._--Sunday closing now prevails over almost the whole of
+the empire, with the exception of England itself. It is in force in nearly
+every colony, and in Scotland, Wales and Ireland. For the latter country
+an Act was passed in 1877, granting this measure to the whole island,
+except Dublin, Cork, Belfast, Limerick and Waterford, for the space of
+four years. The Act was looked upon as purely experimental; but it
+operated so successfully that it has since been renewed, year by year, as
+an annual measure. Many efforts have been made to place it on a permanent
+basis, and to include the five exempted cities in its scope. Both
+Protestants and Catholics are agreed as to its necessity, and leading
+statesmen of both parties have testified to its beneficial effects.
+
+In 1888, when Mr. T. W. Russell brought before the House a Bill to make
+Sunday closing permanent and general in Ireland, the opponents of the
+measure obtained the appointment of a Committee to inquire into the
+results of the Act. After a most exhaustive inquiry this Committee
+reported in favour of it, and recommended--
+
+(_a_) That all drink shops in Ireland close at nine P.M. on Saturdays.
+
+(_b_) That the present Irish Sunday Closing Act be made permanent, and
+include the five hitherto exempted towns.
+
+(_c_) That the distance requisite for a person to travel to qualify as a
+_bona-fide_ traveller entitled to purchase refreshments be increased from
+three miles to six.
+
+This was a great triumph for the Sunday closers. In the words of Mr. A. J.
+Balfour, "it was not unfair to say that the whole weight of evidence, with
+comparatively insignificant exceptions, was in favour of the continuance
+of Sunday closing in Ireland, and of the adoption of Saturday closing
+after nine o'clock. The people who gave evidence were not drawn from one
+class of the community, but they represented every class and every section
+of opinion."
+
+Since then Acts have been brought in year after year embodying these
+recommendations; but although supported by the Government it has never
+been found possible to carry them, chiefly on account of the congested
+condition of business in the Commons.
+
+In Scotland Sunday closing has been in force under the "Forbes-Mackenzie
+Act" since 1854. It works on the whole very successfully, as might be
+expected from the fact that in all things Scotland is strongly a
+Sabbath-observing country. In Wales this law has also been in force since
+1882. It is admitted to be a fair success in the interior of Wales; but
+great difficulty has been found in enforcing it in Cardiff, and along the
+border line between England and Wales. In Cardiff a very large shebeen
+trade has sprung up, and a number of clubs have been established for the
+avowed purpose of supplying their members with liquor on Sundays.
+
+In 1889, in consequence of many statements that were in circulation
+declaring Sunday closing in Wales to be a failure, the Government
+appointed a Royal Commission, presided over by Lord Balfour of Burleigh,
+to inquire into the matter. To the great surprise of many, the Commission
+reported in favour of the Act, and declined to recommend either
+modification or repeal of it, stating that "a change in this direction
+would be unwelcome to a vast majority of the population".
+
+
+
+
+CHAPTER II.
+
+LICENSING REFORM.
+
+
+Plans for the reform of the licensing laws are legion, and more Bills are
+brought before the House of Commons year by year dealing with this matter
+than with any other. To describe every one of these plans would be
+wearisome and useless. It will answer every purpose to confine this
+chapter to the chief measures proposed within this last quarter of a
+century.
+
+MR. BRUCE'S BILL.--No more careful or more thorough attempt has been made
+to change the licensing laws than that introduced by Mr. Bruce (now Lord
+Aberdare), who, as Home Secretary to the Liberal Government, framed a Bill
+on the subject in 1871. In bringing it before the House of Commons he laid
+down five propositions, as leading principles which he thought might be
+expected to receive the assent of all the members. They were:--
+
+1. That under the existing system of licensing, far more licences have
+been issued than are required by public convenience, there being one to
+every 182 people.
+
+2. That the present mode of issuing licences is unsatisfactory, no
+guidance being given to the magistrates either as to the number to be
+issued or the respectability and the responsibility of the persons
+seeking to be licensed.
+
+3. That no sufficient guarantees are taken as to the orderly management of
+public-houses or their supervision.
+
+4. That the laws against adulteration are insufficient, and, such as they
+are, are imperfectly enforced.
+
+5. That the hours during which public-houses are allowed to be open admit
+of reduction without interfering with the liberty or the material
+convenience of the people generally.
+
+To these he added two other propositions, on which he did not expect such
+unanimous agreement. (1) That the public have a right to be supplied with
+places of refreshment sufficient in number, convenient, and respectably
+conducted. (2) That all existing interests, however qualified the
+interests may be, are entitled to just and fair consideration.
+
+On the basis of these propositions he built up a plan which still deserves
+the careful attention of all licensing reformers. The leading principles
+of it were as follows: The licensing powers were to still be retained by
+the magistrates, and no liquor licences were to be issued without their
+certificates. All old licences were to remain in force for ten years from
+the passing of the Act, as of right, and then they were to absolutely
+lapse. New licences were to be granted on a novel plan. The justices would
+meet together before the licensing day, and would decide on the number of
+new licences to be issued, altogether apart from the question of to whom
+they were to be given. If the number of public-houses in the
+neighbourhood, when the proposed new establishments had been added, did
+not exceed a certain fixed scale, then the decision of the magistrates
+would be final. If, however, the new licences would bring the total above
+that proportion, then it would be necessary to take a vote of the
+ratepayers as to whether the increase should be permitted or not, and the
+majority of those voting would decide. The scale was, in towns, one
+licensed house for 1500 people and under, two houses for up to 3000
+people, and one more for every additional 1000; in the country, one
+licensed house for 900 people and under, two for up to 1200, three for up
+to 1800, and one more for every additional 600 inhabitants.
+
+When the number of new licences to be issued had been fixed, they were to
+be put up to public auction, and sold to the highest bidders, one person
+having power to buy any number or all of them. The purchaser would be
+allowed to select his own house for carrying on the business, provided it
+was within the limits of the district; but before receiving his licence he
+would have to obtain a certificate from the magistrates that the premises
+chosen were suitable for the purpose, and that the proposed manager was a
+proper person. It would not be necessary for the licence-holder to be his
+own manager. All licences so purchased were to be renewed annually, as of
+right, for ten years after the passing of the Act, except when forfeited
+by misconduct.
+
+At the end of ten years, when all licences, old and new, were about to
+lapse, the magistrates would decide anew what the number of public-houses
+in their neighbourhood should be. If they decided to exceed the statutory
+limits, then it would be necessary to poll the ratepayers and obtain their
+sanction to the proposal; but if the number proposed by them was not in
+excess of those limits, then this need not be done. The licences would
+again be put up for sale for another ten years, and the same process would
+be repeated at the end of each decade. In the case of eating-houses and
+beer and wine licences for refreshment-rooms these regulations would not
+apply, but the magistrates might grant licences at their discretion. Nor
+would they apply to houses selling drink for consumption off the premises
+only; for these, the justices would grant certificates, on certain
+conditions being observed by the applicants.
+
+The control of drink shops was to be made much stricter. A second
+conviction for serious breaches of the law would lead to forfeiture of the
+licences, without choice on the part of the magistrates. Every conviction
+must be recorded on the back of the licensing certificates; and on the
+police penalties for offences under the Act amounting in three consecutive
+years to L65, or in five years to L100, the licence would be taken away.
+
+In order to secure the better enforcement of the law an entirely new body
+of inspectors was to be created. These should be quite independent of the
+local authorities, and their sole duty would consist of supervising the
+liquor sellers. There was to be one inspector-in-chief; England and Wales
+would be divided into counties with an inspector for each, and every large
+town and district would have a superintendent, under whom there would be a
+carefully selected and well-paid body of men. "The police cannot properly
+and ought not to be entrusted within the walls of a public-house," Mr.
+Bruce said. "It is utterly impracticable to have a proper system of
+inspection if steps are not taken to make the inspection more efficacious;
+and efficient inspection can in my opinion be conducted only by a body of
+men altogether independent of the police.... They will be ... specially
+charged with the duty of seeing that no offence is committed in a
+public-house which is prohibited by law." The cost of this inspection was
+to be defrayed from the licence fees.
+
+Finally, the Bill contained clauses specially directed against
+adulteration. Samples of the liquors sold were to be frequently taken and
+analysed at Somerset House laboratory. When it was found that any
+injurious ingredients had been mixed with them, the seller would be
+liable, for a first offence, to a fine of L20 or imprisonment for one
+month, with or without hard labour; and, for a second offence, to a fine
+of L100 or three months' hard labour, and forfeiture of licence.
+
+Mr. Bruce's proposals fell like a bomb among the brewers and publicans.
+They realised that the time had now come when they must fight for their
+very existence; and fight they did. Temperance meetings were broken up
+all over the country, every tap-room became the centre of a campaign
+against the Government, and all the liquor sellers and their adherents
+became unswerving Tories in a day. Intense pressure was brought to bear on
+individual members, and the Government became the object of most intense
+hostility. There was not, at that time, the strong sentiment throughout
+the country in favour of restrictive legislation which is to be found now;
+and every bar parlour was used as the headquarters and meeting house of a
+propaganda to convince working men that the Bill was a measure aimed
+against the liberty of the people. The _Times_, to the surprise of many,
+gave Mr. Bruce its warmest support, and day by day did its best to
+strengthen the hands of the Government. The great body of middle-class
+people, too, were inclined to approve of the measure. But the forces
+against it were too strong; and after a few weeks the Ministry gave way,
+and it was announced that, owing to the time that had been wasted over the
+Budget, there would be no opportunity of proceeding with the measure that
+Session.
+
+What were the teetotalers doing all this time? Where was the United
+Kingdom Alliance? Where were the hundred and one other bodies that had
+been clamouring for years for reform? Here was a Ministry that had been
+bold enough to risk office in order to promote temperance; surely it had a
+right to look to the temperance party for cordial support! If it looked,
+however, it looked in vain, for the influence of the teetotalers was worse
+than thrown away in this struggle. The United Kingdom Alliance was so
+busy promoting petitions in favour of a Permissive Bill which every one
+knew had no chance of success, that it had no energy to spare for helping
+on the Government. It officially announced that its attitude was one of
+"friendly neutrality"; and when the secretary of the Alliance was urged by
+the _Leeds Mercury_ to support the Bill, he replied that "it (the drink
+trade) ought not to be sanctioned by law, nor tolerated within the range
+of Christian civilisation".
+
+No more suicidal policy, no course more fatal to the promotion of
+temperance in our land, could possibly have been taken. At a time when
+every publican and every brewer was seeking the destruction of the
+Government on account of its attitude to the drink question, the Alliance
+was content to be "friendly neutral"! By their almost inexplicable
+conduct, the leaders of that body helped to delay temperance legislation
+for a quarter of a century, and created a deep distrust of teetotalers in
+the minds of most politicians. If they had actively thrown themselves into
+the breach, had used all their forces to support the Ministry, had been
+content to drop for a few months the plan of bringing forward a measure
+which they knew Parliament would certainly reject,--then Mr. Bruce and his
+colleagues might have been encouraged to proceed, and the liquor traffic
+in England would by this time have been cut down to a fraction of its old
+proportions.
+
+Mr. Caine recently claimed that the temperance party rather supported
+than opposed the Government at this crisis; and that, in fact,
+"practically, their only friends and supporters in the constituencies were
+the teetotalers". No one denies that many individual abstainers, as, for
+instance, Mr. Caine himself, were active in helping on the measure; but
+the temperance party as a whole was not. The month after the Bill was
+abandoned, Mr. Bruce publicly charged Sir Wilfrid Lawson, in the House of
+Commons, with having hindered and greatly diminished its chance of success
+by the course he had taken. While the Bill was still before the country,
+and while its fate was trembling in the balance, many prominent abstainers
+opposed it bitterly, and spoke and wrote against it. Professor Newman, in
+answer to a request from Mr. S. Morley, that he and his friends of the
+Alliance would not refuse an instalment because they did not get all they
+wanted, replied: "The United Kingdom Alliance cannot postpone its action
+for ten years.... Its (the Bill's) good points will not help us; they are
+not things which we asked; its evil points will damage us extremely. Hence
+if we fail to induce Mr. Bruce to withdraw his astonishing innovations of
+principle, I certainly do not guarantee that our friends will refrain from
+total opposition."
+
+Mr. Raper, a leading temperance speaker, at a meeting in the Manchester
+Town Hall, held under the auspices of the United Kingdom Alliance, said:
+"It is strange that a man of such a powerful intellect as the Home
+Secretary should be so remarkably defective in observation of a logical
+kind. I have not seen a greater wonder this quarter of a century than I
+did when I saw this able man standing for two hours and ten minutes giving
+forth grand principles and then cutting them to pieces--making statements
+which he followed up with nothing."
+
+To judge from the speeches of Dr. F. R. Lees, who is considered by many
+the premier writer on total abstinence, one would think that the Bill had
+been framed by a committee of Burton brewers. "Give no unwise and blind
+support to the proposition of the Government," he said. "I do not think
+that the Bill, as a practical Bill, is worth discussing in detail.... It
+is a wholesome and righteous principle, that of public control over the
+liquor traffic; but you are denied your claim, it is postponed for ten
+years, while the existing generation of victims shall perish, and a new
+generation shall take their place."
+
+Why rake up all these old mistakes? it may be asked. Why not forget the
+past? The answer is plain. The old matter must be borne in mind, not in
+order to belittle and denounce the men who made the mistakes, but so that
+the reformers of the present may learn from the blunders of their
+predecessors, and not again wreck the ship because it is only sailing
+towards port with a couple of sails instead of a full rig.
+
+MR. CHAMBERLAIN'S PLAN.--In 1876 some stir was made by Mr. Chamberlain
+advocating an adoption of the Gothenburg system in England. The Birmingham
+Town Council expressed its approval of the plan; and on 13th March, 1877,
+Mr. Chamberlain brought forward a resolution in the House of Commons:
+"That it is desirable to empower the Town Councils of boroughs, under the
+Municipal Corporation Acts, to acquire compulsorily, on payment of fair
+compensation, the existing interests in the retail sale of intoxicating
+drinks within their respective boroughs; and thereafter, if they see fit,
+to carry on the trade for the convenience of the inhabitants, but so that
+no individual shall have any interest in nor derive any profit from the
+sale".
+
+This motion was supported by Sir Wilfrid Lawson and his allies; but was
+rejected by a large majority, 103 voting against and only 51 in its
+favour.
+
+MR. RITCHIE'S LOCAL GOVERNMENT BILL.--In 1888, when the Local Government
+Bill was introduced by the Unionist Government, it contained clauses
+providing that the whole of the licensing of public-houses should be
+handed over to the County Councils; and that, in addition to the powers
+now held by the magistrates, the Councils should have authority to close
+the houses on Sunday, Good Friday and Christmas Day, either altogether or
+for part of the day, to alter the hour of closing at night, and to
+increase the licensing fees not more than 20 per cent. There were two
+great limits to the proposed power of the Councils. The first gave the
+magistrates power to prevent the renewal of a licence on proof that the
+holder was guilty of illegal conduct. The second limit was the provision
+that when the Councils refused the renewal of a licence for any other
+cause than the fault of the holder, the latter should be entitled to
+compensation. Such compensation was to be assessed on "the basis of the
+difference (if any) between the value of the licensed premises immediately
+before the passing of this Act and the value which such premises would
+have then borne if the licence had then determined". The compensation was
+to be divided between the persons interested in the premises, either by
+agreement among themselves, by arbitration, or, finally, by the County
+Court. The cost of the compensation was to be borne ordinarily by the
+licensing division of the county in which the house was situated; or
+sometimes, under exceptional circumstances, by the whole county.
+
+The temperance party, although on the whole preferring _ad hoc_ Boards,
+would gladly have accepted the proposals, but for the compensation
+clauses. Over these a hot fight was made, and innumerable meetings were
+held all over the country against them. The licensed victuallers were at
+first also inclined to oppose the measure; but they soon realised that it
+would be on the whole a great gain to them. As Mr. Ritchie, the father of
+the Bill, pointed out to a deputation, "We practically give you a vested
+interest by the Bill". But the opposition to the objectionable clauses was
+too strong; and in June Mr. W. H. Smith announced, for the Government,
+that the whole of the licensing section would be withdrawn.
+
+MR. GOSCHEN'S COMPENSATION PLAN.--Two years later a second attempt was
+made by the same Government to legalise compensation. In the _Local
+Taxation (Customs and Excise) Bill_ a scheme was formulated for the
+gradual reduction of public-houses. The main idea of this scheme was that
+each year the sum of L440,000, raised by increased taxes of 3d. a barrel
+on malt liquors and 6d. a gallon on spirits, should be used for the buying
+up of licences for the purpose of extinction. Of this sum, L350,000 was to
+go to England, L50,000 to Scotland and L40,000 to Ireland. In England and
+Scotland the money was to be apportioned among the County Councils, which
+would be permitted to buy up such licensed premises as they thought
+proper; in Ireland the authority to be appointed was the National Debt
+Commissioners. No compulsory powers of purchase were given; but all
+purchases would have to be made by agreement with the owners of the
+houses, at prices and under conditions fixed by mutual arrangement. After
+the passing of the Act, no new licences, except for eating-houses and
+refreshment-rooms, were to be granted unless the consent of the County
+Councils had first been obtained, and even when new licences were granted,
+it was to be on the express understanding that their renewal might "at any
+time be refused at the free and unqualified discretion of the licensing
+authority".
+
+In bringing the Bill before the House of Commons Mr. Ritchie said: "I
+assure the House that the sole object which the Government has in view is
+to promote temperance, and to help those who are endeavouring and who have
+so long endeavoured to battle against intemperance.... I have not the
+least intention of interfering with any powers now possessed by licensing
+magistrates.... Our sole object has been to help temperance reformers, and
+to promote the cause of temperance." But temperance reformers did not see
+the matter quite in the same light as Mr. Ritchie; and the opposition to
+the proposals of 1890 was even stronger than to those of 1888. The main
+objections were that the measure created a vested interest where none
+previously existed, and that the proposals for extinction were utterly and
+ridiculously inadequate. Mr. Caine, a prominent Liberal Unionist supporter
+of the Government, resigned his seat in Parliament as a protest against
+the scheme; and before many weeks had passed, the second attempt was sent
+the same way as the first. The money intended for the compensation of the
+publicans was devoted instead to technical education.
+
+LORD RANDOLPH CHURCHILL'S BILL.--In the same month as the Local Taxation
+Bill was introduced, Lord Randolph brought before the House of Commons his
+scheme for amending the licensing laws. This plan was admittedly partly
+based on Mr. Bruce's Bill of 1871. The licensing authority was to be
+vested in the municipal authorities for boroughs and the County Council
+for counties. These bodies were not only to have the right to license, but
+also to regulate the hours of closing on Sundays and week-days. The power
+of direct veto was to be placed in the hands of the people, and in a
+parish where two-thirds of the ratepayers on the municipal rate book voted
+for prohibition, no licences were to be granted. Beer shops were to be
+swept away, and the kinds of licences were to be reduced to two,--the full
+publican's licence and the refreshment-house wine and beer licence; and
+the rating qualification for a building used as a public-house was also to
+be considerably increased. Clubs in which drink was consumed were to be
+registered and to pay fees ranging from 30s. a year for a working men's
+club to from L1000 to L2000 for the great West-end clubs. The noble lord
+was strongly in favour of compensation, and declared: "I hold that
+compensation for vested interests is an indispensable accompaniment to any
+scheme of licensing reform. Any such reform not accompanied by
+compensation for vested interests would be sheer confiscation and
+robbery." But he did not deal with this detail in his Bill, on the ground
+that it would entail taxation in some form or another; and it is not in
+the power of a private member of Parliament to propose to the House
+taxation of any form or kind. Lord Randolph's measure met with a very
+favourable reception when introduced, but he did not proceed even to the
+second reading with it.
+
+THE BISHOP OF CHESTER'S BILL.--In 1892, Dr. Jayne, Bishop of Chester,
+brought before the public a modification of the Gothenburg system that has
+since attracted a considerable amount of attention. He recognises that
+intemperance is far too common, and that our public-house system stands
+urgently in need of reform; but he believes that the use of alcoholic
+beverages must be accepted as inevitable, and that the best plan to adopt
+is not to seek to abolish the drink trade altogether, but to reform it.
+One of the great evils of the present system is that those who conduct
+public-houses have a direct pecuniary interest in selling the largest
+amount of drink possible; the Bishop desires to change the object of the
+sellers from private profit to the public welfare. To do this he would
+have philanthropic companies formed, which should buy up all the
+public-houses in a district, have a monopoly of sale, and conduct the
+traffic for the public welfare. The companies would derive no profit from
+the sale, except a certain fixed amount of interest on the capital
+invested. In their houses (to quote Dr. Jayne's own description)
+"alcoholic beverages, though frankly recognised, will be disposed from
+their aggressive supremacy, and supplied under less seductive conditions.
+These conditions would, for example, be comfortable, spacious,
+well-ventilated accommodation; temperance drinks brought well to the
+front, invested with prestige, and supplied in the most convenient,
+attractive and inexpensive way; the pecuniary interests of the managers
+(_e.g._, in the form of bonus) made to depend entirely on the sale of
+eatables and non-alcoholic beverages; alcoholic liquors secured against
+adulteration; newspapers, indoor games, and, where practicable, outdoor
+games and music, provided; while the mere drink shop, the gin palace, and
+'the bar'--that pernicious incentive to drinking for drinking's
+sake--would be utterly abolished."
+
+Dr. Jayne's first thought was that such houses might be managed by the
+County Councils, but he soon saw that it would be better to place them in
+the hands of private companies. The methods by which he proposes that the
+companies should set to work may be best seen from an account given by him
+in the _Daily Graphic_ for 25th October, 1893: "We are prepared to
+undertake the licensed victualling of your locality, paying to the
+dispossessed publicans such compensation as law and equity may require. We
+will at once reduce our houses to such number as the licensing authority
+may deem necessary; we will re-engage respectable publicans as managers on
+terms far more favourable to themselves, their families and the community,
+than managers now enjoy under the tied-house system. They will receive a
+fixed salary, with a bonus on the sale of eatables and non-alcoholic
+drinkables, but with absolutely no benefit from the sale of intoxicants.
+They will thus have no inducement to push the sale of alcohol, to drink
+with their customers, or to adulterate their liquors. As regards hours of
+closing and details of management we shall, within legal limits, be guided
+by local experience and opinion. Our surplus profits will be applied to
+public, non-rate-aided objects, including the establishment of bright and
+attractive temperance houses, to which those who wish to keep quite clear
+of the temptations of alcohol in any shape may safely resort."
+
+In 1893 he incorporated these proposals in a Bill which he brought before
+the House of Lords. The measure was defeated on the second reading; but
+Dr. Jayne is still hopeful that Parliament will grant the necessary
+powers for the attempt to be made where desired. Would it not be better
+for some town to definitely decide to adopt the Gothenburg system, and
+then go to Parliament with a request for an authorisation to do so? Such a
+demand is far more likely to be granted than a proposal that may be
+adopted anywhere or nowhere. If the method proved a success when first
+tried, there would be little difficulty in obtaining permission for other
+places to follow suit.
+
+THE BISHOP OF LONDON'S BILL.--_The Licensing Boards Bill_ may be taken as
+representing the plans of a moderate school of reformers. It was framed
+under the supervision of the Church of England Temperance Society, and
+introduced into the House of Lords in 1893 by Dr. Temple, Bishop of
+London. The Church of England Temperance Society differs in many ways from
+most temperance organisations. Its social work is worthy of all praise,
+and its magnificent agencies for the rescue of criminals and inebriates
+are so well known as hardly to require mention. But in the matter of
+legislative action, this society does not take up the extreme attitude of
+such organisations as the United Kingdom Alliance. Its membership contains
+a very large, if not a predominating Conservative element; and hence its
+proposals deserve attention as being those of the members of a party
+usually not foremost in legislation of this kind.
+
+The Bill brought forward by the Bishop of London in 1893 proposed to
+transfer the power of granting all drink, billiard, music and dancing
+licences from the justices in each district to a specially elected
+Licensing Board. The Board was to be elected triennially by persons on the
+local government register of electors, and the cost of such elections and
+other expenses of management were to be borne by the borough or County
+Council. The Board would have power to alter the hour of closing on
+week-days, and all licensed houses would be closed on Sunday unless by
+special order of the Board. Even when the Board sanctioned Sunday opening,
+the houses would only be permitted to remain open for two hours, and could
+only sell drink for consumption off the premises. All clubs would have to
+be registered, fees being payable for such registration; and power would
+be given to the police to enter any club which they had reason to believe
+was carried on simply as a drinking club, and to charge the members found
+on the premises and the owner of the house before a magistrate. The
+principal provisions of the Bill, however, would not come into effect
+until five years after the passing of the Bill, when a large reduction of
+licences would take place compulsorily. This five years' term of grace was
+provided for as a kind of compensation. At the end of five years from the
+passing of the Bill into law the following provisions would come into
+operation:--
+
+     (_a_) The only licences that are to be granted are (i.) a full
+     publican's licence; (ii.) a wine and beer on licence for a
+     refreshment house; (iii.) a wine and beer off licence; (iv.) a
+     licence for an hotel; and (v.) a licence for a railway refreshment
+     room, the two last being special forms of the publican's licence.
+     After 1898, therefore, the following kinds of licence will cease to
+     be obtainable: (i.) The beer dealer's additional licence (off); (ii.)
+     the beer retailer's on and off licences; (iii.) the cider and perry
+     on and off licence; (iv.) the table beer retailer's licence (off);
+     (v.) the wine retailer's on and off licences; and (vi.) the sweets
+     retailer's on and off licences. None of these licences are required
+     by a person holding a superior licence.
+
+     (_b_) The Board is to have full discretion to grant or not to grant
+     any licence. After this provision comes into effect the present
+     restrictions on the power to refuse certain licences, except on
+     certain grounds, will cease.
+
+     (_c_) Licences, exclusive of hotels and railway refreshment rooms,
+     are not to be granted in excess of a fixed proportion to the
+     population of each district--one per 1000 in towns, one per 600 in
+     country--but proper notice is to be given to a licence holder before
+     discontinuing his licence under this clause.
+
+     (_d_) The value qualification of premises is raised.
+
+     (_e_) A licensed person is not to carry on any other retail business
+     on the licensed premises.
+
+The measure came before the House of Lords for its second reading on the
+12th May, 1893. It met with a very unfavourable reception, and Lord
+Salisbury opposed it hotly as being "the wrong remedy for the evil we all
+deplore". At last Dr. Temple, seeing that it was perfectly evident the
+measure would be rejected by a considerable majority, consented to allow
+the motion to be negatived without a division. It is the intention of the
+Church of England Temperance Society, however, to keep its Bill as far as
+possible to the front, and to make persistent efforts to have it carried
+into law.
+
+LOCAL OPTION.--Few schemes of reform have been so unceasingly pushed as
+that for giving to localities the option of prohibition. Forty years ago,
+when it was first brought before the British public, it was laughed at,
+and hardly deemed worthy of the serious notice of politicians; in 1893 it
+was introduced by the Government to the House of Commons; and to-day it
+has all the weight of one of the two great political parties behind it.
+Whatever may be thought of the practical usefulness of such an option in
+the present state of public opinion, it is hardly possible to deny to the
+men who demand it a tribute of admiration for their persistency and pluck.
+
+On the 1st June, 1853, the United Kingdom Alliance was founded for the
+purpose of securing "the total and immediate legislative suppression of
+the liquor traffic". Its plan of operations was to secure for any locality
+that wishes it the right to prohibit the traffic in intoxicants there.
+Eleven years after the formation of the Alliance Sir W. Lawson introduced
+his famous Permissive Bill, embodying the demands of the Alliance, to the
+House of Commons. It was defeated by a majority of over seven to one; but
+in 1869 the majority against it was reduced to a little over two to one.
+In 1879 Sir Wilfrid changed his tactics; and instead of incurring the cost
+of introducing a Bill year by year, he brought forward a resolution in
+favour of "some efficient measure of local option". In 1880, before a full
+House, the resolution was at last carried by a majority of 26; 245 voting
+for, and 219 against.
+
+It was expected that the Liberal Government then in force would do
+something to carry the resolution into effect; but nothing was done until
+1893, when Sir William Harcourt's much-debated Local Option Bill was
+introduced. The provisions of this Bill are very simple, and include two
+things,--the option of prohibition, and the option of Sunday closing. It
+provided that on one-tenth of the local government electors in any
+division making the request in writing, a poll shall be taken as to
+whether all public-houses be closed there, or whether there shall be
+Sunday closing. The latter proposal can be carried by a simple majority of
+those voting; but to secure entire prohibition there must be a majority of
+two-thirds. Whatever way the electors decide would remain in force for
+three years; but at the end of that time the question might be re-opened
+by a similar petition, and a fresh poll held. But when prohibition had
+been carried it could only be repealed by a two-third vote against it. The
+electoral areas were very small, each ward in a borough divided into
+wards being a separate district. No compensation was provided; but the
+clauses for prohibition were not to come into effect until three years
+after the passing of the Act. The prohibition was not to affect railway
+refreshment-rooms, hotels, or eating-houses.
+
+The Bill caused considerable excitement; but there was a noticeable
+difference in its reception and in that accorded to Mr. Bruce's Bill of
+1871. In 1871 the working men were on the whole opposed to restriction; in
+1893 they were largely in favour of it. A demonstration called by "the
+trade" at Trafalgar Square against the Bill was swamped by friends of it,
+who carried resolutions by overwhelming majorities in its favour. The
+change of attitude of the working classes is very likely partly due to
+political partisanship; but still it is a notable fact, and makes the way
+for temperance reform much smoother than it otherwise would have been.
+
+Owing to the time taken up by the debate on the Home Rule Bill, the
+Government found it impossible to do more than introduce its local option
+measure in 1893. It promised to proceed with it this Session (1894); but
+at the time of writing it seems very improbable that this will be done.
+
+
+
+
+CHAPTER III.
+
+THE PROBLEMS OF REFORM.
+
+
+Four main problems have to be faced before any adequate scheme of
+licensing reform can be formulated. They are: (1) compensation; (2) of
+whom shall the licensing bodies consist? (3) what is to be done with the
+clubs? (4) shall "tied houses" be permitted?
+
+COMPENSATION.--This has been for many years the main block to reform. Are
+publicans, when deprived of their licences through no fault of their own,
+entitled to compensation or not? For long there was considerable doubt as
+to the legal aspects of the matter. One party argued that as the publican
+has his licence granted for one year alone, and as the magistrates have
+power to refuse to renew such a licence, therefore the drink seller has no
+vested interest in its continuance, nor the slightest claim to
+compensation if its renewal is refused. On the other hand, it was said
+that while the justices have nominally the power of refusing the renewal
+of old licences, it is a strictly limited power that they never put into
+force except for wrong-doing on the part of the licensees; and that the
+custom has so long prevailed of regularly renewing the certificates of all
+publicans who behave properly, that an expectation of renewal has become
+universal; and that by virtue of custom they have a vested interest, and
+are entitled to compensation if renewal is refused.
+
+The legal aspects of the matter were finally cleared up in 1891 by the
+decision of the House of Lords in the well-known case of "Sharp _v._
+Wakefield". The magistrates of the Kendal division of Westmoreland
+refused, in September, 1887, to renew the licence of an inn at Kentmere on
+the grounds of the remoteness of the premises from police supervision, and
+the character and necessities of the locality. The owner of the house,
+Susannah Sharp, appealed to the Quarter Sessions, but that body upheld the
+magistrates. It was resolved by the drink interest to make this case a
+test one. Their argument was that for the renewal of an existing licence
+the justices are not entitled to inquire into the character and wants of
+the neighbourhood, or to refuse a licence on the grounds that there is no
+longer a necessity for a licensed house there.
+
+The case was taken from court to court, and everywhere the decision of the
+magistrates was upheld. Finally it came before the House of Lords in
+January, 1891; and the judgment of their lordships was given in the
+following March. The five law-lords were unanimously of opinion that
+justices have the right to refuse the renewal of a licence if the
+circumstances of the neighbourhood or any other sufficient cause render it
+desirable. The Legislature, their lordships stated, gave the magistrates
+an absolute discretion both for granting and renewing licences: and such
+discretion is to be exercised (to quote the Lord Chancellor) "according
+to the rules of reason and justice, within the limits to which an honest
+man, competent to the discharge of his office, ought to confine himself".
+
+This decision was a serious blow to the owners of licensed premises. It at
+once and for ever swept away all claims of a legal right to compensation,
+and showed that vested interests in licences are absolutely nonexistent.
+
+But the question still remains whether, although the publican has no legal
+claim to compensation, he is not morally entitled (under ordinary
+circumstances) to some consideration, if suddenly and through no fault of
+his own he is deprived of what he was for long encouraged to look upon as
+his right. It is felt by many that it would be a hardship to take from a
+well-behaved licensed victualler his means of livelihood without some
+consideration. Whether this sentiment is right or not the writer of this
+book does not propose to discuss; but it undoubtedly exists, and the
+temperance party will gain nothing by shutting its eyes to it.
+
+On the one hand we have the claim of prohibitionists that no publican
+should have a penny from public funds as recompense for dispossession; on
+the other hand, there is the plea of the "trade" advocates, that he ought
+to have the full difference between the "trade" value of his house and its
+value as ordinary premises. The first of these seems rather harsh, and the
+second is certainly unreasonable. Is there no _via media_?
+
+The unreasonableness of the second proposition may best be seen from the
+fact that in many towns a very large proportion of the public-houses do
+not pay their way. Yet every one of these places is valued at a price far
+above its value as an ordinary business house; consequently, if the
+authorities were to pay the terms asked by the owners on closing them,
+they would actually be giving considerable sums for losing concerns.
+
+It may be asked why, if such houses do not clear their expenses, their
+proprietors keep them open year after year. The reasons are twofold:
+First, the houses are usually owned by brewers, who fear that if they
+abandon the licences, rival brewers may persuade the magistrates to grant
+additional licences in other parts of the place. Secondly, the
+establishments are often used as traps for depriving the inexperienced of
+their stock of money. The process is very simple. A house owned by a
+brewer goes to the bad, custom falls off, and the receipts fail to cover
+the outgoings. Thereupon the tenant is given notice to quit; and a
+salaried manager, skilled in the art of drawing custom, is placed in
+charge of it. This manager is usually a man well known in the
+neighbourhood, and with plenty of friends. He belongs to nearly all the
+friendly societies in the place, Buffaloes, Oddfellows, and the rest; he
+can give a tip on the coming race with any man, and he is "hail fellow,
+well met" with every Tom, Dick and Harry. All his friends, of course,
+flock to patronise him; the brewer is careful to supply specially good
+drink; a pull over is given for every one's measure; and soon the takings
+of the house are increased enormously. Then the place is advertised, and a
+novice is attracted by it. The brewer's agent shows him the books, and is
+able to prove that the business is going up by leaps and bounds; and so
+the novice is persuaded to pay, say L100 in cash for the good-will, and
+take over the house. The manager who has drawn all the custom leaves; and
+his friends leave with him. The poor new publican soon finds that he is
+losing money every week, and before long he begins to get in debt to the
+brewer. This goes on until his debt amounts to the price he paid for the
+good-will. Then the agent visits him, explains that as he is evidently not
+suited for the trade he had better go. The brewer will kindly allow the
+L100 paid as good-will to go to cancel the debt; and the tenant must leave
+as quickly as possible. The house is then used for the fleecing of another
+novice; and so on.
+
+If any reader doubts the truth of this, let him consult some experienced
+publican who is not afraid to speak the truth, or let him notice in any
+moderate-sized town how often many of the smaller licensed houses are
+advertised as being "under new management".
+
+Now, it cannot be said that the owners of such houses as these mentioned
+have the slightest equitable claim to any consideration. The only way to
+avoid paying money to such would be to base any scheme of pecuniary
+compensation _not on the artificial trade value of the house, but on the
+actual profits gained_, as shown by the books and vouchers of the place
+and by the publican's income-tax returns.
+
+A second limit to any scheme of compensation should be that no one, save
+the licence holder himself, should be entitled to any consideration. Big
+brewing firms that have bought up large numbers of licences are well
+acquainted with the risks attaching to them. The British public may be
+anxious to treat the poor licensed victualler generously; but it will
+hardly sanction the appropriation by wealthy wholesale firms, that thrive
+by fostering public misery, of large sums of public money. This is the
+opinion of many by no means opposed to any compensation. Mr. Gladstone, in
+the House of Commons (15th May, 1890), in speaking of this matter,
+declared: "This I must say, I cannot conceive any state of things in which
+the State authority would have the smallest duty or the smallest warrant
+for looking to anybody in these transactions, except the man with whom it
+deals--that is to say, the man to whom the licence is issued, and on whom
+it imposes its responsibility".
+
+In any plan of compensation the money should be raised from the publicans
+themselves. Those remaining benefit by the closing of other houses; for
+there are fewer shops selling drink, and therefore those left get more
+custom. This has already been done successfully in Victoria by means of
+increased licence fees, etc.
+
+As the publicans have no legal claim to consideration it cannot be
+expected that any scheme for their compensation will be permanent. It will
+rather provide for a softening to them of a time of transition.
+
+Within these limits, surely some practicable scheme can be formulated.
+The following, while dealing liberally with the keepers of licensed
+houses, would yet be an advance on the present position. Let it be
+arranged that for ten years the men at present holding licences shall be
+allowed to retain them; and if during those years the authorities wish to
+close any public-houses they shall pay the holders compensation based on
+the following scale: during the first two years, five years' purchase,
+reckoned on the average profits of the previous three years; during the
+third and fourth years, four years' profits; during the fifth and sixth
+years, three years' profits, and so on till at the end of the tenth year
+no compensation would be payable. The funds for such payments to be raised
+by increased licensing fees and an extra tax on liquor. No money to be
+paid to any person but the licence holder himself. At the end of the ten
+years the number of houses could be reduced to a fixed scale, say one for
+every 500 or 1000 of population.
+
+The principal objectors to such a compromise would probably be the
+teetotalers. But they would do well to consider whether it will not hasten
+forward the coming of that sober England for which we all long if some
+method can be found of breaking through the present intolerable deadlock.
+There is nothing opposed to temperance in granting compensation. It is
+merely a matter of policy, not of principle: though, to hear some
+reformers talk, it might be imagined that the idea of partly recompensing
+licence holders for their loss involves some terrible wrong.
+
+Both Sir Wilfrid Lawson and Mr. Caine have in the past admitted that a
+compromise about compensation might be worth considering. In the House of
+Commons (5th March, 1880) Sir W. Lawson said: "Honourable members tell me
+that there ought to be something about compensation in my resolution. If I
+would only do that they would find it in their hearts to vote for me. Now
+I do not want to condemn compensation, but this is not the question which
+is before the House. The question is, whether it is right to force these
+houses upon an unwilling neighbourhood; and if it cannot be done without
+compensation, let us have compensation. I am very sure that if ever my
+resolution is crystallised into an Act of Parliament this House will never
+refuse a fair demand from any body of men."
+
+Mr. Caine, in talking to a _Pall Mall Gazette_ interviewer, said, when
+dealing with the compensation proposals of the Church Temperance Society:
+"The time plan would work in this way: You might give to all old licences
+a definite lease of life, ten years being the utmost limit conceivable....
+At the close of the ten years' term licences would be granted for one year
+only, and no compensation whatever would be granted in case of
+extinction.... (It) would present to temperance reformers the attractive
+and important feature of finality. It certainly demands most careful
+consideration on all hands."
+
+Mr. Chamberlain, in 1876, proposed terms very similar to these. His idea,
+when discussing the buying up of licensed premises in order to commence
+municipal public-houses, was that compensation should be paid to the
+licence holder alone at the rate of five years' profit, based on the
+average profits of the previous three years.
+
+Truth compels the admission, however, that Mr. Chamberlain's views on this
+point have greatly altered in recent years. In writing to me in April,
+1894, he said:--"Further consideration has convinced me that the method of
+compensation proposed by me in 1876 would not be the best guide to a fair
+settlement, and that it would be impossible to ignore the interests of
+other persons besides the licensed holder. I think now that the best way
+would be to submit all claims to an official arbitrator, who would be
+instructed to give for the property such sum as would be given by a
+willing buyer to a willing seller in the open market--in other words, the
+fair market price."
+
+LICENSING BODIES.--Of whom should the licensing bodies consist? There are
+three different kinds of bodies proposed: (_a_) The magistrates, as at
+present; (_b_) county and town councils; (_c_) elective boards _ad hoc_.
+The magistrates have for long carried out the necessary duties; and in the
+country parts they have done as well as could be expected. In towns, more
+particularly in small boroughs, their rule has not worked quite so
+satisfactorily. Occasional charges of being influenced by pecuniary
+considerations in the performance of their duties have been brought
+against them; but such charges are so very rare that direct bribery may
+be said to be practically unknown. But magistrates in small boroughs are
+often influenced by some very extra-judicial considerations. Many of them
+are small tradesmen, appointed for political reasons. They are well
+acquainted with the brewer who is at the back of the application for a
+licence, and possibly have business transactions with him: naturally they
+do not care to offend him, and so a licence is often granted when it ought
+not to be.
+
+The licensing authority is altogether outside the usual province of the
+magistrate's duties, which should be purely judicial. It has never been
+found satisfactory to unite judicial and executive functions in one body;
+and jurists are agreed that this should be avoided; yet while they are the
+licensing authority the magistrates are both administrators and judges.
+But the principal objection to magistrates is that they are not in the
+least representative, and can do as they please entirely irrespective of
+the public.
+
+A proposal favoured by many statesmen is that of taking the duty of
+issuing licences from the magistrates and placing it in the hands of
+county and borough councils. A representative body would thus be secured;
+but the result of this would simply be to ruin many of the councils. The
+liquor question would swallow up every other in public estimation, like a
+veritable Joseph's rod. Men would be elected solely because of their views
+on licensing reform. The publicans would appoint their candidates, and the
+teetotalers theirs; and both parties would have a pitched battle at
+almost every election. Many good administrators, rather than face such
+contests, would remain outside, and the whole tone of the councils would
+be lowered.
+
+The most practicable plan of securing a popular licensing authority seems
+to be the election of Boards specially for this one purpose, as School
+Boards are elected for the management of elementary schools. The area
+which such Boards control should not be too small and particular care
+would have to be taken to prevent those pecuniarily interested in the
+traffic getting on them.
+
+But it must be remembered that no change in the _personnel_ of the
+licensing authority will effect much, and it is possible that any change
+may do harm. A representative body will be more liable to be influenced by
+outside consideration than are the justices; and the Boards in some places
+will favour the drink sellers more than the magistrates do now. This
+consideration has induced some reformers to advocate leaving the
+administration in the hands of the present authorities, but limiting their
+power by a direct popular control over the issuance of new licences.
+
+CLUBS.--No licensing reform, however complete the restraints it places on
+public-houses, will accomplish much unless at the same time it deals with
+the club evil. In the ordinary drinking club we have something far more
+dangerous to society than the worst-conducted public-house. Reformers were
+for long so absorbed in fighting the open drink shop, that they had no
+time for attending to anything else; and statesmen of all parties dreaded
+arousing against themselves the opposition which they knew would follow
+the curtailing of any of the privileges of club-land. The result is that
+there is to-day in every large town a considerable and rapidly increasing
+number of drinking dens, subject to no control, paying no fees, requiring
+no licences, and allowed to keep open all day and every day, Sunday and
+week-day alike. With the genuine club no one wishes to meddle; but the
+majority of places which go under this name are nothing but drinking and
+gambling hells, and are usually financed by, and run for the profit of,
+some brewer. Within ten years their number has increased almost tenfold,
+and from all parts of the land comes the same tale of the mischief they
+are doing. Some months ago, the Dublin Corporation sent a petition to the
+Government in which it said: "We view with alarm and dismay the rapid
+increase of bogus drinking clubs in all parts of the city; in our opinion
+these clubs are a prolific source of poverty, crime, and disorder; they
+are instrumental in depreciating the ratable value of property wherever
+they are established; and the laws which allow, without let or hindrance,
+their degrading operations at all hours of the night and of the day, are a
+disgrace to civilisation." The Corporation urged the Government to
+introduce a measure "that will be effective in grappling with this
+degrading and pestiferous evil". At Cardiff the notorious "Field Clubs,"
+formed solely and avowedly for the purpose of supplying their members
+with ale on Sundays, and so setting the Sunday Closing Act at defiance,
+were able to carry on business for some time without any hindrance from
+the police. A case which shows even more clearly than this how our
+licensing system is being reduced to little better than a mere farce, was
+mentioned last year in the House of Commons. The licence of a certain
+village public-house had been taken away because of the misconduct of the
+publican, and because the place was not required. Thereupon the brewer who
+owned the building opened it as a club, making the former publican
+manager. The rules were carefully drawn up, with the aid of counsel, to
+keep the house open to as many as possible; an entrance fee of a few pence
+was fixed; and the club was in a position to accommodate almost all its
+old customers. It had not to observe any of the regulations imposed on the
+regular drink shops, and consequently did twice as much business as before
+its licence was taken away.
+
+Such instances might be multiplied indefinitely, but there is no need; for
+to all who know anything of the inner life of our great cities these
+things are commonplaces. How to deal with these bogus establishments, and
+yet not at the same time to unduly interfere with genuine clubs, has
+become an urgent and serious question. The Royal Commission on the Sunday
+Closing (Wales) Act recommended that all clubs where intoxicating liquors
+are sold should be registered with the local authority, and that the
+register should be open for the inspection of the police. The Commission
+was also strongly of opinion that "clubs which exist only for the purpose
+of supplying drink, or only colourably for some other purpose, should be
+declared absolutely illegal". When Lord Randolph Churchill brought his
+licensing scheme before the House of Commons, he incorporated with it
+clauses for the registration and taxation of clubs, as has already been
+described in the previous chapter. The Bishop of London's Bill in 1893
+contained similar clauses, but neither measure ever got beyond the initial
+stages. _The Clubs Registration Bill_, as amended by a Select Committee of
+the House of Commons last year, provided (1) that every club (with certain
+strictly defined exceptions) selling intoxicating liquors on unlicensed
+premises must be registered; (2) that it shall only be managed in
+accordance with its registered constitution; and (3) that an annual return
+shall be made of the members of the club. There were further provisions
+forbidding the sale of any drink to be taken from the club premises,
+preventing any person under eighteen years old becoming a member of the
+club, and limiting the number of honorary members to one for every twenty
+ordinary members. The Bill applied only to England, and was admitted by
+its supporters to be miserably inadequate; but it would have been a great
+improvement, had it passed into law, on the present state of affairs.
+However, it went the usual way of Bills in that barren Session.
+
+Happily our colonies can teach us something on this matter. During the
+last nine years there has been an extremely simple yet very practical
+clause in the Victorian licensing law dealing with clubs. It provides that
+every _bona-fide_ association that was formed before the passing of the
+Act should be regarded as a club; but that any club established afterwards
+must, in order to obtain the right to supply its members with intoxicants,
+consist of "not less than fifty members, united for the purpose of
+providing accommodation for and conferring privileges and advantages upon
+the members thereof". Such accommodation has to be provided from the funds
+of the club, and no person is allowed to get any benefit from the club
+which may not be shared equally by every member. All clubs have to be
+registered, and their certificates may be withdrawn at any time by the
+Licensing Board.
+
+In the Licensed Victuallers' Amendment Act, brought before the South
+Australian Parliament in 1890, more elaborate provisions were made for
+meeting the club difficulty. Clubs numbering not less than fifty members
+in Adelaide, or not less than twenty-five in other parts, are exempt from
+the ordinary Licensing Act, so far as selling to their own members goes,
+provided the following conditions exist:--
+
+1. The club must be established upon premises of which such association or
+company are the _bona-fide_ occupiers, and maintained from the joint funds
+of the club; and no persons must be entitled under its rules to derive any
+benefit or profit from the club or for the sale of liquors which is not
+shared equally by every other member.
+
+2. It must have been proved to the satisfaction of the licensing bench at
+an annual or quarterly meeting that the club is such an association or
+company as in this section is defined, and that the premises of the club
+are suitable for the purpose.
+
+3. It must be proved to the satisfaction of the licensing bench that such
+club has a committee of management, and that some person has been
+appointed by them steward or manager.
+
+The club is obliged to pay an annual registration fee of L5, and to obtain
+a certificate from the clerk of the licensing district; such certificate
+being withdrawable if any of the conditions under which it is issued are
+broken.
+
+On some such lines as these we must look for the solution of the club
+problem in England. Any measure to be really effective must provide,
+first, that proprietary clubs and clubs financed by those interested in
+the sale of drink shall be treated exactly the same as public-houses. The
+various regulations given in _The Clubs Registration Bill_ should be
+retained, but the certificate of registration should only be obtainable
+after the licensing justices are satisfied as to the genuine character of
+the association, and have ascertained that it is established primarily for
+some other purpose than the supply of intoxicants. As clubs cause a
+decided diminution in the revenue obtained from licensed houses, it seems
+reasonable that they should be subject to a special excise tax, graduated
+somewhat after the manner provided in Lord Randolph Churchill's Bill.
+
+TIED HOUSES.--During recent years it has become more and more common for
+brewers to own public-houses, and to make the holders of the licences
+nominees of their own, dismissable at will. In many towns over four-fifths
+of the drink shops are either owned or controlled by brewers or wholesale
+spirit merchants. Year by year the wholesale firms are driven by
+competition to purchase more and more houses; and soon it will be
+difficult to find establishments in which the nominal publican is master
+of his own business. It was manifestly the intention of Parliament, in
+passing the various licensing Acts, to make the managers of licensed
+houses responsible persons, who would have some stake in the business, and
+to whose interest it would be to strictly observe the law; but by the
+"tied-house" system all this is changed. Through it the licensee is but
+little better than a man of straw, and the real controller is the brewer.
+
+There are two principal ways in which the wholesale firms "tie" a house.
+The first is as follows: A man with a small amount of capital wishes to
+take a public-house. The price of the good-will, stock and fittings of the
+place is, say, L1500. The would-be publican has only L300, but a brewer
+agrees to lend him L800, and a spirit merchant L400, on condition that he
+binds himself to deal solely off them for his liquors. This is the least
+objectionable method. The other way is for the brewer to be the owner of
+the public-house, and the publican his tenant. The latter pays a certain
+amount, varying according to the value of the house, as good-will; and it
+is stipulated that he shall deal off the brewer for all his malt liquors.
+He is usually liable to dismissal at a very short notice; and it is an
+understood thing that if the trade of the house drops at all he will have
+to leave. He must push his business at any cost and by any means. Most of
+the breaches of the law committed by publicans are due to this; for the
+unhappy licensed victualler has often no choice except between fostering
+his trade by illegal methods or getting notice to quit.
+
+It might be thought that it is hardly to the interest of the brewers to
+risk losing the licences in order to do a somewhat larger trade; but those
+who argue thus are not acquainted with the working of the law. Let us
+suppose a case typical of many. A publican is convicted before the
+magistrates on some very serious charge, say that of harbouring improper
+characters; and his licence is endorsed. It may be mentioned, in passing,
+that most magistrates refuse to endorse a licence except an offence is
+very grave or frequently repeated. At the next licensing sessions the case
+comes on, and the justices demur at renewing the certificate. The lawyer
+for the owners then addresses them somewhat in this way. "The house in
+question," he says, "is owned by the well-known firm of Messrs. Grey &
+Black. They had not the slightest idea that their tenant was guilty of
+such conduct as was unhappily proved, and they greatly regret it. It is
+their wish to keep their houses respectable, and they do all in their
+power to accomplish this. In this case, immediately the licence holder was
+convicted they gave him notice to quit. The good-will of the house has
+been sold to Mr. Tom Brown for a substantial consideration, and the old
+tenant who was convicted has no longer any interest in the place. Mr.
+Brown is a _most_ respectable man; and I can bring forward unimpeachable
+witnesses, gentlemen well known to you, who will testify to this fact.
+Now, gentlemen, I cannot deny that you have the power to refuse the
+licence if you wish; but I would venture to point out to you that by doing
+so you would punish, not the man whose wrongdoing we all condemn, but
+Messrs. Grey & Black who own the premises, and Mr. Tom Brown who has
+bought the good-will. Mr. Brown, though he has done nothing wrong, will be
+the loser of a very considerable sum by such a refusal. You will, perhaps,
+permit me to say, gentlemen, with all deference to your judgment, that
+such a course would not be in accordance with justice, nor with the
+honourable traditions that have always distinguished this bench."
+
+In nineteen cases out of twenty the magistrates agree that it would be
+rather hard on Brown to refuse; and accordingly they grant the renewal.
+The risks of losing a licence are so small that they are hardly worth
+taking into consideration. First of all, there is very little probability
+of the police proceeding against a house, except when compelled by outside
+pressure. Then, when the police do proceed and secure a conviction, the
+licence is not usually endorsed. Even after endorsement, a judicious
+change of tenants can be made; and so the licence retained.
+
+The system of "tied houses" is bad for every one except the brewer. It is
+bad for the publican, for it reduces him from master of his own house to a
+servant of the wholesale firms. He has to take such liquor as they please,
+and pay the price they demand for it. It is a recognised custom in the
+trade for some if not all of the brewers to charge their "tied" customers
+more than they do the free.
+
+The plan is bad for the public. In place of the main business of the
+publican being to satisfy his customers, it is to retain the good-will of
+the owner of the house. In a district where one firm controls all the
+houses, there is no longer competition between the different publicans as
+to which shall sell the best drink, for all sell the same; and the brewer
+is able to palm off his worst brews on the people there.
+
+Last, but chief of all, it is bad for good order and for the general
+well-being. The licensed victualler, being placed in such a position, is
+too often willing to adopt risky methods for attracting custom, which he
+would not venture to employ had he a substantial stake in the house. By
+this he not only injures the character of his own premises, but compels
+his rivals, who own free houses, to imitate him in order that they may not
+lose their trade. And so the whole method of conducting business in the
+neighbourhood is lowered.
+
+The _Times_ cannot be accused of teetotal bias; and an utterance by it on
+this matter will command weight. "The natural tendency of a brewer is
+simply to push the sale of his beer," said that journal in a leading
+article on 12th September, 1892. "Provided no forfeiture of the licence be
+incurred, the especial manner in which the business is conducted does not
+matter much to him. His main desire is that the neighbourhood shall drink
+as much as possible. His servant, the publican, who has little or no
+property invested in the premises, has no strong personal motive for
+caution. He wishes to ingratiate himself with his employer by promoting a
+liberal consumption. The fear of risking the licence affects him far less
+than if it meant for him positive commercial ruin. From the point of view
+even of the customers, it has been felt that a spread of the monopoly of
+brewers is inconvenient. When a brewer is absolute master of a house he
+can, unchallenged, supply it with bad or unwholesome liquors.... Practical
+experience, at all events, has created a keen jealousy of the system of
+tied houses, and a determination to make a stand against its unlimited
+predominance.... Where the function of a court is the commission to
+certain persons to conduct a trade under its supervision, its manifest
+duty is to see that its delegates are free agents. A publican who can be
+ejected at once, or be subjected to ruinous penalties, if he exercise the
+least liberty of choice of his stock, and unless he accept any trash a
+brewer consigns to him, is a cipher."
+
+A remedy lies all ready in the hands of the licensing justices, if they
+would only use it. Nothing would be easier than for them to demand the
+production of all agreements under which the publicans are occupiers of
+their houses, and to refuse (after due notice) to grant the renewal of the
+licence of any house in which the tenant is not a _bona-fide_ free agent.
+But there is little prospect of the licensing justices doing this until
+they are compelled. The most practicable remedy seems to be a short Act of
+Parliament, providing that in no case is a licensed victualler to enter
+into any contracts which will make him responsible to any but the
+licensing authority for the conduct of his house; and that it shall be
+illegal for him to bind himself to purchase his stock in whole or part
+from any particular firm or firms. It should be forbidden for brewers or
+wholesale spirit merchants to own all or part of any public-houses. It
+might be further provided that the licensing authority is to satisfy
+itself that the publican is genuinely a free agent before granting or
+renewing his licence.
+
+Such an Act would no doubt receive considerable opposition from many
+brewers, though even to some of them it would not be unwelcome. The
+present method compels them to sink a vast amount of capital in buying up
+licences, and gives the small brewer (who possibly produces better drink
+than his wealthier rivals) little chance of competing against the great
+firms. To the majority of publicans such a law would be acceptable, for it
+would raise their position and increase their profits. And the gain to
+public order would be greater than that which is likely to result from
+many more ambitious schemes.
+
+
+
+
+CHAPTER IV.
+
+THE PATH OF PROGRESS.
+
+
+The problem of licensing reform, as every one who has given it even the
+most cursory attention will readily admit, is by no means an easy one.
+Whatever step may be proposed is certain to excite the opposition of many.
+It is impossible for even the most astute statesman to formulate a plan
+that will receive the assent and approval of extremists of either school.
+Almost every one, Liberal or Conservative, admits that the present state
+of affairs is wholly unsatisfactory, and that it demands immediate
+treatment. Under it we have a vastly excessive number of public-houses, a
+weak system of supervision, and an entire lack of local control. The
+publican who wishes to carry on his business decently and respectably
+often finds it impossible to do so without heavy pecuniary sacrifice, on
+account of his more unscrupulous licensed rivals, who are willing to
+descend to any tricks to increase their trade. The whole system of
+licensing is based on the personal caprices of individual magistrates
+rather than on any uniform plan.
+
+For many years all these things have been admitted and deplored. For at
+least a quarter of a century statesmen have declared that the present
+state of the law is disgraceful, and cannot be permitted to longer
+continue. Yet it still remains the same.
+
+Can nothing be done? Are the imagined interests of a small body of rich
+men to over-ride the welfare of the whole nation? It almost seems as
+though our legislators had resigned themselves to this. One thing at least
+is certain. No sweeping change has any hope, at least for the present, of
+coming into law. A drastic licensing Bill, into which one of the great
+political parties put all its strength, might pass the House of Commons,
+but would inevitably be defeated by the Lords. The body which rejected
+without a division the Bishop of London's Bill, and which mutilated the
+non-partisan Irish Sale of Intoxicating Liquors Bill, will show but little
+consideration for any thorough-going schemes. Reformers of one school
+reply: "Then let us abolish the House of Lords". This is very easy to say;
+but if we have to wait for licensing reform until the Lords are abolished,
+then there is not much hope for improvement in this generation. A more
+politic course would seem to be the carrying of temperance legislation by
+piecemeal. Little by little the law may be changed; glaring anomalies may
+be removed, manifest injustices altered, until at last, while our liquor
+laws will not be theoretically perfect, they may at least be made
+reasonably workable.
+
+The following suggestions as to the lines which such alterations might
+take contain nothing that has not been approved by many members of
+Parliament of both parties.
+
+1. It is generally admitted that there are far too many public-houses. No
+doubt it would be found very difficult to reduce the number of those
+already licensed, but there should be little trouble in preventing the
+issuance of new licences. Let it be enacted that in no case shall a person
+be permitted to apply for a public-house licence unless he has previously
+obtained the signatures of one half of the resident electors in the
+immediate neighbourhood to a petition requesting such a licence. Even when
+such signatures have been obtained, the magistrates would still retain
+their option of refusal.
+
+2. The second reform has already been before the House of Commons. Let
+every district have the option of Sunday closing, as provided in the
+_Liquor Traffic (Local Control) Bill_, 1893. To this might well be added
+the choice of keeping the houses open on Sundays for two hours only.
+
+3. Let the appeal to Quarter Sessions in case of the refusal of the
+renewal of licences be abolished, except for manifest illegality on the
+part of the local licensing session. At present the licensing magistrates
+in many parts will not use their unquestioned power of refusing
+unnecessary licences, because they are aware that their decision is almost
+certain to be reversed at the Quarter Sessions. The county magistrates,
+knowing nothing of local needs, continually over-ride the deliberate
+judgment of the local justices.
+
+4. Have a system of supervision of public-houses entirely independent of
+local control, as proposed by Mr. Bruce in 1871.
+
+Those who have carefully watched the working of the present laws know that
+the police do no part of their work so inefficiently as the control of
+public-houses. This is due to two causes--bribery, and the power of the
+drink sellers in local government. The bribes received by the police are
+usually very small, and no doubt many constables look upon them as their
+regular perquisites. The man on the beat knows where he will find a pot of
+beer left out for him on a hot day; and he would be more than human if he
+did not look on the doings of the publican with a kindly eye after
+quenching his thirst with the publican's liquor. But this securing the
+good-will of the police is comparatively unimportant, and is practically
+incapable of legal proof. A far more serious thing is the influence
+steadily brought to bear on the police in many small municipalities, to
+cause them to refrain from proceeding against certain public-houses. The
+municipal police are solely dependent for pay and promotion on the Local
+Watch Committee and the Town Council. The Council is often largely
+controlled by the men who own the public-houses. Now the most obtuse
+policeman well understands that if he were to lay information against the
+manager of a house owned by a town councillor, or by the head of one of
+the local political associations, it would make his prospects of
+advancement no brighter. He might be praised by the papers for his zeal;
+but when a chance of promotion came up, he would be passed over for some
+one else.
+
+This is no imaginary danger. Many who have tried to secure the better
+enforcement of licensing laws in towns know well that too often the police
+will not move further than they are compelled, and then they will do as
+little as is compatible with appearances.
+
+If there were public-house inspectors entirely independent of local
+influence, and frequently moved from place to place, a great improvement
+in the management of many licensed premises would at once be apparent. The
+law-abiding publican would have a better chance of success, and would not
+be handicapped in the way he is at present.
+
+5. Let all public-houses be closed on municipal and parliamentary election
+days.
+
+Other urgently needed reforms, such as the control of clubs, and the
+abolition of tied houses, have been described in preceding chapters, and
+need not be recapitulated here.
+
+       *       *       *       *       *
+
+I feel that I would be untrue to my own convictions if I closed this
+volume without a final word to those who have followed me so far. I have
+tried to treat the subject calmly and dispassionately; and zealous
+reformers may possibly complain (as some have already complained of those
+parts published in periodical form) that my tone is cold and
+unsympathetic. I can only assure them that it is from no lack of earnest
+desire to promote true temperance. But the cause of reform will not be
+advanced by special pleading, or by that impetuous enthusiasm which leads
+men to overlook facts in order to give a reasonable air to their
+theories. The first work of a reformer should be to master his facts, and
+to discover what lessons the experiments and the mistakes of those who
+have preceded him can teach.
+
+We are often told that it is impossible to make men sober by Act of
+Parliament; and no doubt all legislation that seeks to suppress evil has
+to fight against strong opposition. But do those who so lightly quote this
+empty aphorism ever seriously resolve to persuade men to be sober by other
+means? or are they content to let a smart phrase run glibly from their
+lips as an excuse for doing nothing? To-day we are face to face with a
+gigantic evil that is destroying much that is brightest and fairest in our
+national life. To all who have any notion of patriotism, to all who have
+any real desire for the welfare of the people, and especially to all to
+whom the commands of the Carpenter of Nazareth are something more than
+mere words,--the call comes to take their part in the battle for its
+suppression. How are we to work, each man must decide for himself; but
+none of us can shirk the manifest duty of doing something, and of doing
+our best, without wrong.
+
+It is admitted that Acts of Parliament can help in promoting sobriety only
+so far as they are backed up by a strong public sentiment, and by the
+earnest endeavours of the people. Legislation can remove temptation, it
+can make virtue easier; but it cannot do everything. Along with it must go
+steady work for the brightening of every-day life, for the easing of
+conditions of labour, for improving the dwellings of the poor, for
+raising the moral tone, for the realisation by all of the sacredness of
+this life, and the need to make the most of its opportunities.
+
+As we survey the forces against us in this fight, we may sometimes be
+inclined to despair of its issue. On the side of intemperance and
+self-indulgence are great resources of wealth, power, self-interest, and
+unscrupulousness. Shall we conquer, or is the wrong to triumph over us?
+The words of a great thinker, written on another subject, best give the
+answer: "The ultimate issue of the struggle is certain. If any one doubts
+the general preponderance of good over evil in human nature, he has only
+to study the history of moral crusades. The enthusiastic energy and
+self-devotion with which a great moral cause inspires its soldiers always
+have prevailed, and always will prevail, over any amount of self-interest
+or material power arrayed on the other side."[10]
+
+
+
+
+
+APPENDIX I.
+
+THE CONDITION OF WORKING MEN IN MAINE.
+
+
+The _Fifth Annual Report of the Bureau of Industrial and Labour Statistics
+for Maine_ (Augusta, 1892) gives a set of very full returns from which it
+is possible to ascertain the exact position of working men under
+prohibition. A personal canvass was made of working men of all classes,
+the unskilled and lower paid, as well as the best and highest paid. Space
+will not permit me to quote more than a brief _resume_.
+
+"The following is a general summary of some of the more important
+statistics derived from the reports of working men. Whole number of
+reports, 1082; number American born, 895; number foreign born, 187; number
+owning homes, 285; value of homes, 405,850 dollars; number of homes
+mortgaged, 60; amount of mortgages, 26,169 dollars; number renting, 481;
+number having savings bank accounts, 181; number who have accumulated
+savings in former years, 696; during past year, 595; run into debt during
+past year, 104; neither gained nor lost during past year, 383."
+
+Of 745 men with families, the average annual income was 527 dollars 1 cent
+per family yearly. The average annual income of 265 single working men was
+395 dollars 1 cent, and of 53 single working women, 259 dollars 64 cents.
+The amounts saved from income averaged, men with families, 12 per cent.,
+single men, 17 per cent., and single women, 9 per cent.
+
+
+
+
+APPENDIX II.
+
+THE GIN ACT, 1736.
+
+
+Whereas the excessive drinking of spirituous liquors by the common people
+tends not only to the destruction of their health, and the debauching of
+their morals, but to public ruin:
+
+For remedy thereof--
+
+Be it enacted, that from the 29th September no person shall presume, by
+themselves or any others employed 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
+gallons, without first taking out a licence for that purpose within ten
+days at least before they sell or retail the same; for which they shall
+pay down L50, to be renewed ten days before the year expires, paying the
+like sum; and in case of neglect to forfeit L100; such licences to be
+taken out within the limits of the penny post at the chief office of
+excise, London, and at the next chief office of excise for the country.
+And be it enacted, that for all such spirituous liquors as any retailers
+shall be possessed of on or after the 29th September, 1736, there shall be
+paid a duty of 20s. per gallon, and so on in proportion for a greater or
+lesser quantity above all other duties charged on the same.
+
+The collecting the rates by this Act imposed to be under the management of
+the commissioners and officers of excise by all the excise laws now in
+force (except otherwise provided by this Act); and all monies arising by
+the said duties or licences for sale thereof shall be paid into the
+receipt of his majesty's exchequer, distinctly from other branches of the
+public revenue; one moiety of the fines, penalties and forfeitures to be
+paid to his majesty and successors, the other to the person who shall
+inform on any one for the same.
+
+
+
+
+Footnotes:
+
+[1] _A Report on Marriage and Divorce in the United States_, by Carroll D.
+Wright, Commission of Labour. Revised edition, Washington, 1891.
+
+[2] Mr. C. W. Jones, Inspector of Prisons and Gaols, Maine, to whom I am
+indebted for these figures, adds that the increase in commitments in
+recent years "is not because those crimes are on the increase, but because
+of the better enforcement of our laws relating to those crimes".
+
+[3] _The Report of Commissioner of Internal Revenue_, pp. 314-319.
+Washington, 1892. There are no returns available for any year after 1887,
+as since then Maine has ceased to be reckoned as a separate district for
+revenue purposes.
+
+[4] For many of these particulars about the condition of affairs in Iowa
+in 1893 I am indebted to the _Toronto Globe_ for November and December,
+1893. This journal, with enterprise that is deserving of all commendation,
+sent two representatives, one an avowed prohibitionist and the other
+opposed to prohibition, to Iowa and Kansas, in order to gather full
+particulars of the results obtained from the liquor laws there. The two
+commissioners, Messrs. J. E. Atkinson and J. A. Ewan, performed their
+mission excellently, and their reports are of more than temporary value. I
+may, however, add that I have by no means solely depended on the reports
+of these gentlemen in ascertaining the condition of Iowa. Other accounts,
+from varied sources, all tend to show the disgraceful and deplorable
+condition of this State under the law that failed.
+
+[5] This statement was made before the Royal Commission on the Liquor
+Traffic. At the time of writing this, the official reports of the evidence
+given before the Commission are not yet issued; consequently, I am obliged
+to rely on the somewhat abridged accounts given in the Canadian daily
+papers.
+
+[6] _Montreal Daily Star_, 29th December, 1893.
+
+[7] _Victorian Alliance Annual_ for 1890, Melbourne.
+
+[8] This translation is taken from the Special Report of the United States
+Commissioner of Labour on _The Gothenburg System of Liquor Traffic_,
+Washington, 1893. I would here acknowledge my very deep indebtedness to
+this volume for many of the statistics contained in this chapter. Dr.
+Gould's work is unquestionably the fullest and most accurate book on the
+subject in the English language, or, as far as I am aware, in any other.
+
+[9] It is well known that the number of arrests for drunkenness is no
+adequate guide to the amount of intoxication. Speaking in the House of
+Commons, 13th March, 1877, on this point, Mr. Chamberlain said: "I have
+come to the conclusion that for our purpose police statistics are no good
+at all. As an evidence of this I will mention something with which I am
+acquainted in Birmingham. On a certain Saturday the number of persons
+arrested for drunkenness and brought before the magistrates was said to be
+29--that was the total number of drunken cases credited, or rather, as I
+should say, debited to the town, according to the police statistics.
+During three hours of that same Saturday night, thirty-five houses in
+different parts of the town, beer houses, spirit shops and shops of other
+descriptions, were watched by different persons appointed for the purpose;
+and these persons reported that during those three hours 9159 males and
+5006 females came out of those shops; and, out of these numbers, of the
+male persons there were 622 drunk, and 176 females in the same state.
+There is a total of 798 drunken persons, alleged to have been seen coming
+out of 35 houses in three hours; while the police returns only reported 29
+for the day."
+
+[10] Mr. Goldwin Smith.
+
+
+
+
+SOCIAL SCIENCE SERIES.
+
+_SCARLET CLOTH, EACH 2s. 6d._
+
+
+1. Work and Wages. Prof. J. E. THOROLD ROGERS.
+
+"Nothing that Professor Rogers writes can fail to be of interest to
+thoughtful people."--_Athenaeum._
+
+2. Civilisation: Its Cause and Cure. EDWARD CARPENTER.
+
+"No passing piece of polemics, but a permanent possession."--_Scottish
+Review._
+
+3. Quintessence of Socialism. Dr. SCHAeFFLE.
+
+"Precisely the manual needed. Brief, lucid, fair and wise."--_British
+Weekly._
+
+4. Darwinism and Politics. D. G. RITCHIE, M.A. (Oxon.).
+
+New Edition, with two additional Essays on HUMAN EVOLUTION.
+
+"One of the most suggestive books we have met with."--_Literary World._
+
+5. Religion of Socialism. E. BELFORT BAX.
+
+6. Ethics of Socialism. E. BELFORT BAX.
+
+"Mr. Bax is by far the ablest of the English exponents of
+Socialism."--_Westminster Review._
+
+7. The Drink Question. Dr. KATE MITCHELL.
+
+"Plenty of interesting matter for reflection."--_Graphic._
+
+8. Promotion of General Happiness. Prof. M. MACMILLAN.
+
+"A reasoned account of the most advanced and most enlightened utilitarian
+doctrine in a clear and readable form."--_Scotsman._
+
+9. England's Ideal, &c. EDWARD CARPENTER.
+
+"The literary power is unmistakable, their freshness of style, their
+humour, and their enthusiasm."--_Pall Mall Gazette._
+
+10. Socialism in England. SIDNEY WEBB, LL.B.
+
+"The best general view of the subject from the modern Socialist
+side."--_Athenaeum._
+
+11. Prince Bismarck and State Socialism. W. H. DAWSON.
+
+"A succinct, well-digested review of German social and economic
+legislation since 1870."--_Saturday Review._
+
+12. Godwin's Political Justice (On Property). Edited by H. S. SALT.
+
+"Shows Godwin at his best; with an interesting and informing
+introduction."--_Glasgow Herald._
+
+13. The Story of the French Revolution. E. BELFORT BAX.
+
+"A trustworthy outline."--_Scotsman._
+
+14. The Co-Operative Commonwealth. LAURENCE GRONLUND.
+
+"An independent exposition of the Socialism of the Marx
+school."--_Contemporary Review._
+
+15. Essays and Addresses. BERNARD BOSANQUET, M.A. (Oxon.).
+
+"Ought to be in the hands of every student of the Nineteenth Century
+spirit."--_Echo._
+
+"No one can complain of not being able to understand what Mr. Bosanquet
+means."--_Pall Mall Gazette._
+
+16. Charity Organisation. C. S. LOCH, Secretary to Charity Organisation
+Society.
+
+"A perfect little manual."--_Athenaeum._
+
+"Deserves a wide circulation."--_Scotsman._
+
+17. Thoreau's Anti-Slavery and Reform Papers. Edited by H. S. SALT.
+
+"An interesting collection of essays."--_Literary World._
+
+18. Self-Help a Hundred Years Ago. G. J. HOLYOAKE.
+
+"Will be studied with much benefit by all who are interested in the
+amelioration of the condition of the poor."--_Morning Post._
+
+19. The New York State Reformatory at Elmira. ALEXANDER WINTER. With
+Preface by HAVELOCK ELLIS.
+
+"A valuable contribution to the literature of penology."--_Black and
+White._
+
+20. Common Sense about Women. T. W. HIGGINSON.
+
+"An admirable collection of papers, advocating in the most liberal spirit
+the emancipation of women."--_Woman's Herald._
+
+21. The Unearned Increment. W. H. DAWSON.
+
+"A concise but comprehensive volume."--_Echo._
+
+22. Our Destiny. LAURENCE GRONLUND.
+
+"A very vigorous little book, dealing with the influence of Socialism on
+morals and religion."--_Daily Chronicle._
+
+23. The Working-Class Movement in America. Dr. EDWARD and E. MARX AVELING.
+
+"Will give a good idea of the condition of the working classes in America,
+and of the various organisations which they have formed."--_Scots Leader._
+
+24. Luxury. Prof. EMILE DE LAVELEYE.
+
+"An eloquent plea on moral and economical grounds for simplicity of
+life."--_Academy._
+
+25. The Land and the Labourers. Rev. C. W. STUBBS, M.A.
+
+"This admirable book should be circulated in every village in the
+country."--_Manchester Guardian._
+
+26. The Evolution of Property. PAUL LAFARGUE.
+
+"Will prove interesting and profitable to all students of economic
+history."--_Scotsman._
+
+27. Crime and its Causes. W. DOUGLAS MORRISON.
+
+"Can hardly fail to suggest to all readers several new and pregnant
+reflections on the subject."--_Anti-Jacobin._
+
+28. Principles of State Interference. D. G. RITCHIE, M.A.
+
+"An interesting contribution to the controversy on the functions of the
+State."--_Glasgow Herald._
+
+29. German Socialism and F. Lassalle. W. H. DAWSON.
+
+"As a biographical history of German Socialistic movements during this
+century it may be accepted as complete."--_British Weekly._
+
+30. The Purse and the Conscience. H. M. THOMPSON, B.A. (Cantab.).
+
+"Shows common sense and fairness in his arguments."--_Scotsman._
+
+31. Origin of Property in Land. FUSTEL DE COULANGES. Edited, with an
+Introductory Chapter on the English Manor, by Prof. W. J. ASHLEY, M.A.
+
+"His views are clearly stated, and are worth reading."--_Saturday Review._
+
+32. The English Republic. W. J. LINTON. Edited by KINETON PARKES.
+
+"Characterised by that vigorous intellectuality which has marked his long
+life of literary and artistic activity."--_Glasgow Herald._
+
+33. The Co-Operative Movement. BEATRICE POTTER.
+
+"Without doubt the ablest and most philosophical analysis of the
+Co-Operative Movement which has yet been produced."--_Speaker._
+
+34. Neighbourhood Guilds. Dr. STANTON COIT.
+
+"A most suggestive little book to anyone interested in the social
+question."--_Pall Mall Gazette._
+
+35. Modern Humanists. J. M. ROBERTSON.
+
+"Mr. Robertson's style is excellent--nay, even brilliant--and his purely
+literary criticisms bear the mark of much acumen."--_Times._
+
+36. Outlooks from the New Standpoint. E. BELFORT BAX.
+
+"Mr. Bax is a very acute and accomplished student of history and
+economics."--_Daily Chronicle._
+
+37. Distributing Co-Operative Societies. Dr. LUIGI PIZZAMIGLIO. Edited by
+F. J. SNELL.
+
+"Dr. Pizzamiglio has gathered together and grouped a wide array of facts
+and statistics, and they speak for themselves."--_Speaker._
+
+38. Collectivism and Socialism. By A. NACQUET. Edited by W. HEAFORD.
+
+"An admirable criticism by a well-known French politician of the New
+Socialism of Marx and Lassalle."--_Daily Chronicle._
+
+39. The London Programme. SIDNEY WEBB, LL.B.
+
+"Brimful of excellent ideas."--_Anti-Jacobin._
+
+40. The Modern State. PAUL LEROY BEAULIEU.
+
+"A most interesting book; well worth a place in the library of every
+social inquirer."--_N. B. Economist._
+
+41. The Condition of Labour. HENRY GEORGE.
+
+"Written with striking ability, and sure to attract
+attention."--_Newcastle Chronicle._
+
+42. The Revolutionary Spirit preceding the French Revolution. FELIX
+ROCQUAIN. With a Preface by Professor HUXLEY.
+
+"The student of the French Revolution will find in it an excellent
+introduction to the study of that catastrophe."--_Scotsman._
+
+43. The Student's Marx. EDWARD AVELING, D.Sc.
+
+"One of the most practically useful of any in the Series."--_Glasgow
+Herald._
+
+44. A Short History of Parliament. B. C. SKOTTOWE, M.A. (Oxon.).
+
+"Deals very carefully and completely with this side of constitutional
+history."--_Spectator._
+
+45. Poverty: Its Genesis and Exodus. J. G. GODARD.
+
+"He states the problems with great force and clearness."--_N. B.
+Economist._
+
+46. The Trade Policy of Imperial Federation. MAURICE H. HERVEY.
+
+"An interesting contribution to the discussion."--_Publishers' Circular._
+
+47. The Dawn of Radicalism. J. BOWLES DALY, LL.D.
+
+"Forms an admirable picture of an epoch more pregnant, perhaps, with
+political instruction than any other in the world's history."--_Daily
+Telegraph._
+
+48. The Destitute Alien in Great Britain. ARNOLD WHITE; MONTAGUE
+CRACKANTHORPE, Q.C.; W. A. M'ARTHUR, M.P.; W. H. WILKINS, &c.
+
+"Much valuable information concerning a burning question of the
+day."--_Times._
+
+49. Illegitimacy and the Influence of Seasons on Conduct. ALBERT
+LEFFINGWELL, M.D.
+
+"We have not often seen a work based on statistics which is more
+continuously interesting."--_Westminster Review._
+
+50. Commercial Crises of the Nineteenth Century. H. M. HYNDMAN.
+
+"One of the best and most permanently useful volumes of the
+Series."--_Literary Opinion._
+
+51. The State and Pensions in Old Age. J. A. SPENDER and ARTHUR ACLAND,
+M.P.
+
+"A careful and cautious examination of the question."--_Times._
+
+52. The Fallacy of Saving. JOHN M. ROBERTSON.
+
+"A plea for the reorganisation of our social and industrial
+system."--_Speaker._
+
+53. The Irish Peasant. ANON.
+
+"A real contribution to the Irish Problem by a close, patient and
+dispassionate investigator."--_Daily Chronicle._
+
+54. The Effects of Machinery on Wages. Prof. J. S. NICHOLSON, D.Sc.
+
+"Ably reasoned, clearly stated, impartially written."--_Literary World._
+
+55. The Social Horizon. ANON.
+
+"A really admirable little book, bright, clear, and
+unconventional."--_Daily Chronicle._
+
+56. Socialism, Utopian and Scientific. FREDERICK ENGELS.
+
+"The body of the book is still fresh and striking."--_Daily Chronicle._
+
+57. Land Nationalisation. A. R. WALLACE.
+
+"The most instructive and convincing of the popular works on the
+subject."--_National Reformer._
+
+58. The Ethic of Usury and Interest. Rev. W. BLISSARD.
+
+"The work is marked by genuine ability."--_North British Agriculturalist._
+
+59. The Emancipation of Women. ADELE CREPAZ.
+
+"By far the most comprehensive, luminous, and penetrating work on this
+question that I have yet met with."--_Extract from_ Mr. GLADSTONE'S
+_Preface_.
+
+60. The Eight Hours Question. JOHN M. ROBERTSON.
+
+"A very cogent and sustained argument on what is at present the unpopular
+side."--_Times._
+
+61. Drunkenness. GEORGE R. WILSON, M.B.
+
+"Well written, carefully reasoned, free from cant, and full of sound
+sense."--_National Observer._
+
+62. The New Reformation. RAMSDEN BALMFORTH.
+
+"A striking presentation of the nascent religion, how best to realize the
+personal and social ideal."--_Westminster Review._
+
+63. The Agricultural Labourer. T. E. KEBBEL.
+
+"A short summary of his position, with appendices on wages, education,
+allotments, etc., etc."
+
+64. Ferdinand Lassalle as a Social Reformer. E. BERNSTEIN.
+
+"A worthy addition to the Social Science Series."--_North British
+Economist._
+
+65. England's Foreign Trade in XIXth Century. A. L. BOWLEY.
+
+"Full of valuable information, carefully compiled."--_Times._
+
+66. Theory and Policy of Labour Protection. Dr. SCHAeFFLE.
+
+"An attempt to systematize a conservative programme of reform."--_Man.
+Guard._
+
+67. History of Rochdale Pioneers. G. J. HOLYOAKE.
+
+"Brought down from 1844 to the Rochdale Congress of 1892."--_Co-Op. News._
+
+68. Rights of Women. M. OSTRAGORSKI.
+
+"An admirable storehouse of precedents, conveniently arranged."--_Daily
+Chron._
+
+69. Dwellings of the People. LOCKE WORTHINGTON.
+
+"A valuable contribution to one of the most pressing problems of the
+day."--_Daily Chronicle._
+
+70. Hours, Wages, and Production. Dr. BRENTANO.
+
+"Characterised by all Professor Brentano's clearness of style."--_Economic
+Review._
+
+71. Rise of Modern Democracy. CH. BORGEAUD.
+
+"A very useful little volume, characterised by exact research."--_Daily
+Chronicle._
+
+72. Land Systems of Australasia. WM. EPPS.
+
+"Exceedingly valuable at the present time of depression and
+difficulty."--_Scots. Mag._
+
+73. The Tyranny of Socialism. YVES GUYOT. Pref. by J. H. LEVY.
+
+"M. Guyot is smart, lively, trenchant, and interesting."--_Daily
+Chronicle._
+
+74. Population and the Social System. Dr. NITH.
+
+"A very valuable work of an Italian economist."--_West. Rev._
+
+75. The Labour Question. T. G. SPYERS.
+
+"Will be found extremely useful."--_Times._
+
+76. British Freewomen. C. C. STOPES.
+
+"The most complete study of the Women's Suffrage question."--_English Wom.
+Rev._
+
+77. Suicide and Insanity. Dr. J. K. STRAHAN.
+
+"An interesting monograph dealing exhaustively with the
+subject."--_Times._
+
+78. A History of Tithes. Rev. H. W. CLARKE.
+
+"May be recommended to all who desire an accurate idea of the
+subject."--_D. Chron._
+
+79. Three Months in a Workshop. P. GOHRE, with Pref. by Prof. ELY.
+
+"A vivid picture of the state of mind of German workmen."--_Manch. Guard._
+
+80. Darwinism and Race Progress. Prof. J. B. HAYCRAFT.
+
+"An interesting subject treated in an attractive fashion."--_Glasgow
+Herald._
+
+81. Local Taxation and Finance. G. H. BLUNDEN.
+
+82. Perils to British Trade. E. BURGIS.
+
+83. The Social Contract. J. J. ROUSSEAU. Edited by H. J. TOZER.
+
+84. Labour upon the Land. Edited by J. A. HOBSON, M.A.
+
+85. Moral Pathology. ARTHUR E. GILES, M.D., B.Sc.
+
+86. Parasitism, Organic and Social. MASSART and VANDERVELDE.
+
+
+DOUBLE VOLUMES, Each 3s. 6d.
+
+1. Life of Robert Owen. LLOYD JONES.
+
+"A worthy record of a life of noble activities."--_Manchester Examiner._
+
+2. The Impossibility of Social Democracy. a Second Part of "The
+Quintessence of Socialism". Dr. A. SCHAeFFLE.
+
+"Extremely valuable as a criticism of Social Democracy."--_Inter. Jour. of
+Ethics._
+
+3. The Condition of the Working Class in England in 1844. FREDERICK
+ENGELS.
+
+"A translation of a work written in 1845, with a preface written in 1892."
+
+4. The Principles of Social Economy. YVES GUYOT.
+
+"An interesting and suggestive work."--_Spectator._
+
+5. Social Peace. Dr. SCHULZE-GAEVERNITZ. Edited by GRAHAM-WALLES.
+
+"A study by a competent observer of the industrial movement."--_Times._
+
+6. Handbook of Socialism. W. D. P. BLISS.
+
+
+  SWAN SONNENSCHEIN & CO., LONDON.
+  NEW YORK: CHARLES SCRIBNER'S SONS.
+
+
+
+
+
+
+End of Project Gutenberg's Sober by Act of Parliament, by Fred A. McKenzie
+
+*** END OF THIS PROJECT GUTENBERG EBOOK SOBER BY ACT OF PARLIAMENT ***
+
+***** This file should be named 34563.txt or 34563.zip *****
+This and all associated files of various formats will be found in:
+        http://www.gutenberg.org/3/4/5/6/34563/
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties.  Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark.  Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission.  If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy.  You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research.  They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks.  Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+http://gutenberg.org/license).
+
+
+Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A.  By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement.  If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B.  "Project Gutenberg" is a registered trademark.  It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement.  There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement.  See
+paragraph 1.C below.  There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works.  See paragraph 1.E below.
+
+1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works.  Nearly all the individual works in the
+collection are in the public domain in the United States.  If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed.  Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work.  You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D.  The copyright laws of the place where you are located also govern
+what you can do with this work.  Copyright laws in most countries are in
+a constant state of change.  If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work.  The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E.  Unless you have removed all references to Project Gutenberg:
+
+1.E.1.  The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges.  If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder.  Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5.  Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6.  You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form.  However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form.  Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7.  Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8.  You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+     the use of Project Gutenberg-tm works calculated using the method
+     you already use to calculate your applicable taxes.  The fee is
+     owed to the owner of the Project Gutenberg-tm trademark, but he
+     has agreed to donate royalties under this paragraph to the
+     Project Gutenberg Literary Archive Foundation.  Royalty payments
+     must be paid within 60 days following each date on which you
+     prepare (or are legally required to prepare) your periodic tax
+     returns.  Royalty payments should be clearly marked as such and
+     sent to the Project Gutenberg Literary Archive Foundation at the
+     address specified in Section 4, "Information about donations to
+     the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+     you in writing (or by e-mail) within 30 days of receipt that s/he
+     does not agree to the terms of the full Project Gutenberg-tm
+     License.  You must require such a user to return or
+     destroy all copies of the works possessed in a physical medium
+     and discontinue all use of and all access to other copies of
+     Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+     money paid for a work or a replacement copy, if a defect in the
+     electronic work is discovered and reported to you within 90 days
+     of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+     distribution of Project Gutenberg-tm works.
+
+1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1.  Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection.  Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from.  If you
+received the work on a physical medium, you must return the medium with
+your written explanation.  The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund.  If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund.  If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4.  Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5.  Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law.  The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section  2.  Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers.  It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, are critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come.  In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at http://www.pglaf.org.
+
+
+Section 3.  Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service.  The Foundation's EIN or federal tax identification
+number is 64-6221541.  Its 501(c)(3) letter is posted at
+http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations.  Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org.  Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at http://pglaf.org
+
+For additional contact information:
+     Dr. Gregory B. Newby
+     Chief Executive and Director
+     gbnewby@pglaf.org
+
+
+Section 4.  Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment.  Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States.  Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements.  We do not solicit donations in locations
+where we have not received written confirmation of compliance.  To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit http://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States.  U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses.  Donations are accepted in a number of other
+ways including checks, online payments and credit card donations.
+To donate, please visit: http://pglaf.org/donate
+
+
+Section 5.  General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart is the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone.  For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included.  Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+
+Most people start at our Web site which has the main PG search facility:
+
+     http://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
diff --git a/34563.zip b/34563.zip
new file mode 100644
index 0000000..e16a132
--- /dev/null
+++ b/34563.zip
diff --git a/LICENSE.txt b/LICENSE.txt
new file mode 100644
index 0000000..6312041
--- /dev/null
+++ b/LICENSE.txt
@@ -0,0 +1,11 @@
+This eBook, including all associated images, markup, improvements,
+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
+Procedures for determining public domain status are described in
+the "Copyright How-To" at https://www.gutenberg.org.
+
+No investigation has been made concerning possible copyrights in
+jurisdictions other than the United States. Anyone seeking to utilize
+this eBook outside of the United States should confirm copyright
+status under the laws that apply to them.
diff --git a/README.md b/README.md
new file mode 100644
index 0000000..52f0262
--- /dev/null
+++ b/README.md
@@ -0,0 +1,2 @@
+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #34563 (https://www.gutenberg.org/ebooks/34563)